Chronicling the high cost of our legal system
From the monthly archives:
I may have a new job as what David Lat calls the “Class Action Avenger” and a new blog to go with it, but that doesn’t mean I won’t be speaking about more general legal reform issues. A Heritage Foundation panel on preemption, featuring Kyle Sampson, former NHTSA and DOT general counsel Jeffrey Rosen, and myself is now viewable online. It’s only fair to note that I cribbed a lot from Michael Greve’s Bradley Lecture on federalism (video), which I can’t recommend enough.
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Fees for receivers, administrators and other professionals are eating up too much of the remaining assets of Madoff and other collapsed investment ventures, critics charge: “in one recent $6.6 million fraud, the receiver distributed 43 percent of the assets to the victim — the rest went to professionals.” [NY Post]
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A report from Wisconsin in the October 15, 1897 New York Times (PDF) (via @JuryTalk). More: Kim Krawiec, Faculty Lounge.
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“Hank Adorno, head of the nation’s largest minority-owned law firm, violated nine Florida Bar rules when he engineered a $7 million class action settlement that distributed money to only seven people instead of all Miami taxpayers, the state regulatory agency for attorneys claims.” [Billy Shields, Daily Business Review and Law.com; earlier here and here]
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It’s wonderfully circular, and not all that different in practice from the “advocacy” and “law reform” funding that has at various times been doled out by our own federal and state governments through legal services, community action and public health programs, tobacco settlement kitties, and so forth. [Iain Murray, CEI "Open Market"]
Hans Bader isn’t impressed by the numbers slung around by the Center for Science in the Public Interest in its lawsuit charging that the food at Denny’s restaurants is too salty. [Washington Examiner, earlier]
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Serial suit-filer Alfred Rava wanted to use his lawsuit against Bear Valley Ski Resort over a “Ladies’ Day” promotion as the basis for a class action, but a judge ruled that he’s not entitled to do that, because California’s Unruh Act already provides for him to get a $4,000 payday with no need to show injury:
“Assuming plaintiff succeeds on the merits, Bear Valley Ski Resort would be liable for mandatory statutory penalties of $4,000 X 995 putative class members,” [Los Angeles County Superior Court Judge Anthony] Mohr wrote. “The product of $3,980,000 constitutes a draconian sum that would strip Bear Valley of its assets.”
[Cal Law "Legal Pad" via Cal Biz Lit, court order in PDF]
TechCrunch and Wired/Threat Level have details on a Texas firm’s claim.
Incidentally, and as a reminder, you can follow this site on Twitter at @overlawyered (a mix of auto-Tweets of new posts, and original links/material), and my personal account at @walterolson (some law-related content, some other). Point of Law, where I also post, has an account too.
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Mike Semple Piggot at the well known British law site, Charon QC, interviewed me yesterday for his LawCast podcast series. We talked about why British legal blogs are more often personality- rather than practice-driven compared with those here, the pluses and minuses of Twitter, and the recession for big-firm lawyers on both sides of the Atlantic, among other topics. Results are here (iTunes version).
I was also interviewed last week by Duane Lester of All American Blogger for his online radio show “Bloglines” at RFC – Radio for Conservatives. It was something of a Legal Blogging Week for his show — other guests included Eugene Volokh of Volokh Conspiracy and Bill Jacobson of Legal Insurrection. I’ll post the audio link when it becomes available.
Staten Island, N.Y.: Little League Baseball Inc. and the New Springville Little League have agreed to pay $125,000 to settle Jean Gonzalez’s suit charging that negligent coaching and the use of a stationary base were responsible for her son Martin’s knee injury, incurred while sliding into second base. Two coaches were named personally in the lawsuit. “The defendants countered that Martin had been taught the proper sliding technique, and the bases used, detachable ‘Soft-Touch’ ‘pop-up’ bags, were compliant with all safety standards” and considered safer than the alternative design. The family’s lawyer was Alan C. Glassman of Brooklyn. [Staten Island Advance; our earlier coverage]
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A former partner at IP law firm Fish and Richardson who went into the invention business is “not so inventive, foes say”. [Joe Mullin, IP Law and Business, via Alison Frankel, AmLaw Daily] Related here and here (sixth item).
“Tall ships” is a trademarked term, and you’d better not use it to promote any old historic maritime event [Likelihood of Confusion]
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We haven’t weighed in on the Henry Louis Gates vs. Cambridge police affair, but it looks as if at least one really choice employment-law suit is going to come out of it. [WSJ Law Blog, Boston Globe]. The cop, Justin Barrett, is suing for intentional infliction of emotional distress, among other harms. Elie Mystal, Above the Law: “I. Just. Love. America.“
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“A woman hit by a Danish tourist driving a rental SUV outside the Olema Deli has filed a lawsuit against the Dane, the delicatessen and Dollar Rent a Car.” [Gary Klien, "Woman files lawsuit in Olema bench mishap", Marin Independent Journal, Calif.]
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As we noted around this time last summer, New York City “has spent large sums installing black rubber safety mats beneath the equipment on its 1,000 playgrounds, but the mats get hot in the summer, and some kids are suffering burns which have resulted in lawsuits.” Now the city is raising eyebrows in one such lawsuit by countersuing the grandmother of a toddler (at the time) burned on a mat. [WCBS via Reddit] On defendants’ tactic of dragging all possibly negligent parties into a suit, see Aug. 4.
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Individual liberty, free markets, and peace: the world's premier libertarian think tank. Publishes Cato at Liberty, where I blog on contemporary policy issues.