Overlawyered http://overlawyered.com Chronicling the high cost of our legal system Thu, 29 Jan 2015 14:09:39 +0000 en-US hourly 1 http://wordpress.org/?v=4.0 “Lawyer’s personal assets, bank accounts at risk as opponents seek to collect $1M sanction” http://overlawyered.com/2015/01/lawyers-personal-assets-bank-accounts-risk-opponents-seek-collect-1m-sanction/ http://overlawyered.com/2015/01/lawyers-personal-assets-bank-accounts-risk-opponents-seek-collect-1m-sanction/#comments Thu, 29 Jan 2015 14:09:39 +0000 http://overlawyered.com/?p=51075 Debra Cassens Weiss at the ABA Journal has more on that curious sanctions order out of the Philadelphia Common Pleas Court in which attorney Nancy Raynor of Malvern, Pennsylvania, could lose everything because a judge found that she “allowed an expert witness to refer to a lung cancer patient’s history of smoking during a May […]

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Debra Cassens Weiss at the ABA Journal has more on that curious sanctions order out of the Philadelphia Common Pleas Court in which attorney Nancy Raynor of Malvern, Pennsylvania, could lose everything because a judge found that she “allowed an expert witness to refer to a lung cancer patient’s history of smoking during a May 2012 medical malpractice trial.” Earlier here.

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January 29 roundup http://overlawyered.com/2015/01/january-29-roundup-3/ http://overlawyered.com/2015/01/january-29-roundup-3/#comments Thu, 29 Jan 2015 12:48:02 +0000 http://overlawyered.com/?p=50832 Bi-counsel-ar? “Lawyer Defending Congressman’s Wife in Bigamy Case Accuses Client of Having a Second Lawyer” [Slate] “Why tort liability for data breaches won’t improve cybersecurity” [Stewart Baker] Pennsylvania passes a new gun law, and suddenly liberal standing with attorney fee shifting stops being the progressive position [Harrisburg Patriot-News] “Letting a case die like a pet […]

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  • Bi-counsel-ar? “Lawyer Defending Congressman’s Wife in Bigamy Case Accuses Client of Having a Second Lawyer” [Slate]
  • “Why tort liability for data breaches won’t improve cybersecurity” [Stewart Baker]
  • Pennsylvania passes a new gun law, and suddenly liberal standing with attorney fee shifting stops being the progressive position [Harrisburg Patriot-News]
  • “Letting a case die like a pet rat forgotten in the garage” [Ken at Popehat on Todd Kincannon challenge to South Carolina state bar discipline threats]
  • Getting to it late: hour-long Cato podcast with Randy Barnett on his book Structure of Liberty including Aaron Ross Powell, Trevor Burrus;
  • Once a fun party town, New Orleans now will ban vaping in private clubs and while waiting in line at drive-throughs [Christopher Fountain, Ronald Bailey on vaping bans and public health]
  • Colorado legislature looks serious about tackling liability reform [Denver Business Journal]
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    “The pumpkin weighed 8.4 ounces and was ‘squishy.'” http://overlawyered.com/2015/01/pumpkin-weighed-8-4-ounces-squishy/ http://overlawyered.com/2015/01/pumpkin-weighed-8-4-ounces-squishy/#comments Thu, 29 Jan 2015 05:15:19 +0000 http://overlawyered.com/?p=51004 A Florida appeals court has reinstated a jury’s verdict of no liability in the case of a woman who while shopping at Wal-Mart was struck in the back with an 8.4 ounce (that’s ounce, not pound) ornamental pumpkin. According to the court’s footnote 1, the projectile in question was “squishy.” The trial lasted three weeks. […]

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    A Florida appeals court has reinstated a jury’s verdict of no liability in the case of a woman who while shopping at Wal-Mart was struck in the back with an 8.4 ounce (that’s ounce, not pound) ornamental pumpkin. According to the court’s footnote 1, the projectile in question was “squishy.” The trial lasted three weeks. [Schwartz v. Wal-Mart Stores: Fifth District, FindLaw]

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    Calling someone “total idiot” not defamatory http://overlawyered.com/2015/01/calling-someone-total-idiot-not-defamatory/ http://overlawyered.com/2015/01/calling-someone-total-idiot-not-defamatory/#comments Wed, 28 Jan 2015 10:17:00 +0000 http://overlawyered.com/?p=51058 “The Nebraska Supreme Court has upheld the dismissal of a libel lawsuit filed over an email that referred to a Seward home inspector as a ‘total idiot.'” [AP/Omaha World-Herald via @VBalasubramani] Tweet Tags: libel slander and defamation, Nebraska

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    “The Nebraska Supreme Court has upheld the dismissal of a libel lawsuit filed over an email that referred to a Seward home inspector as a ‘total idiot.'” [AP/Omaha World-Herald via @VBalasubramani]

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    This is your Fairfax County Police Department on forfeiture http://overlawyered.com/2015/01/fairfax-county-police-department-forfeiture/ http://overlawyered.com/2015/01/fairfax-county-police-department-forfeiture/#comments Wed, 28 Jan 2015 05:15:02 +0000 http://overlawyered.com/?p=51060 “And for those who had cash seized from them — one player had more than $20,000, the regular player said — the police agreed to return 60 percent of the money, and keep 40 percent. … in Virginia state courts the local police agency may keep 100 percent of what they seize.” In a Fairfax […]

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    “And for those who had cash seized from them — one player had more than $20,000, the regular player said — the police agreed to return 60 percent of the money, and keep 40 percent. … in Virginia state courts the local police agency may keep 100 percent of what they seize.” In a Fairfax SWAT raid on unlawful private gambling nine years ago, an officer shot and killed Sal Culosi, an optometrist who “had no criminal record and no known weapons.” [Washington Post, earlier (Radley Balko: Culosi incident in 2006 "wasn’t even the first time a Virginia SWAT team had killed someone during a gambling raid")]

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    Medical roundup http://overlawyered.com/2015/01/medical-roundup-29/ http://overlawyered.com/2015/01/medical-roundup-29/#comments Wed, 28 Jan 2015 05:05:52 +0000 http://overlawyered.com/?p=50668 King v. Burwell: next ObamaCare showdown at Supreme Court [Ilya Shapiro and Josh Blackman, David Bernstein on Cato brief, Adler v. Bagley Federalist video, Michael Greve with theory of Justice Kennedy riding off to Colorado with Dagny, earlier] “J&J says women being illegally solicited to join in mesh lawsuits” [Jessica Dye/Reuters, same on lawyers' response, […]

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  • King v. Burwell: next ObamaCare showdown at Supreme Court [Ilya Shapiro and Josh Blackman, David Bernstein on Cato brief, Adler v. Bagley Federalist video, Michael Greve with theory of Justice Kennedy riding off to Colorado with Dagny, earlier]
  • “J&J says women being illegally solicited to join in mesh lawsuits” [Jessica Dye/Reuters, same on lawyers' response, more on which]
  • Invoking ACA, feds regulate non-profit hospitals to require periodic community needs assessment, limit collection methods [Treasury]
  • Unless judges are vigilant, lawyers will take advantage of mass tort joinder to evade CAFA limits on forum-shopping [Steven Boranian, Drug & Device Law]
  • Popular literature on IRBs/consent of research subjects can employ dubious definitions of “coercion” [Simon Whitney via Zachary Schrag]
  • Qui tam lawyers vs. pharmaceutical companies, some empirical findings [Bill of Health]
  • So that’s what “anatomical theatre” means: researcher checks into ostensible open-source medical journals and finds many “had suspicious addresses; one was actually inside a strip club.” [Fast Company on report finding that fake paper was accepted for publication by 17 journals]
  • A student of David Henderson’s recalls the state of medicine under the Soviets: assignment to providers based on place of residence; the role of gifts, favors, and clout; how idealistic doctors became cynics; the black market as a safety valve. [EconLog]
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    “U.S. Spies on Millions of Cars” http://overlawyered.com/2015/01/u-s-spies-millions-cars/ http://overlawyered.com/2015/01/u-s-spies-millions-cars/#comments Tue, 27 Jan 2015 12:58:33 +0000 http://overlawyered.com/?p=51040 Per documents released in response to a FOIA request, the federal government maintains a large program using automatic license-plate readers to track vehicles in real time (not just in later investigation) and nationwide (not just near borders). The program “collects data about vehicle movements, including time, direction and location, from high-tech cameras placed strategically on […]

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    Per documents released in response to a FOIA request, the federal government maintains a large program using automatic license-plate readers to track vehicles in real time (not just in later investigation) and nationwide (not just near borders). The program “collects data about vehicle movements, including time, direction and location, from high-tech cameras placed strategically on major highways.” The resulting photographs are “sometimes” clear enough to identify drivers or passengers. “One email written in 2010 said the primary purpose of the program was asset forfeiture.” Although the program is run by the Drug Enforcement Administration, its data is increasingly shared for investigations unrelated to drugs. [Wall Street Journal]

    Forfeiture-driven law enforcement is at this point deeply embedded in our practice at both federal and local levels, and the small and ambiguous federal-level reforms announced by AG Holder earlier this month are unlikely to turn that around in themselves.

    Conor Friedersdorf comments: “The DEA will obviously continue to lose the War on Drugs. We’ve traded our freedom to drive around without being tracked for next to nothing. … Unfortunately, leaders in the U.S. law enforcement community feel that they’re justified in secretly adopting sweeping new methods with huge civil liberties implications.” (cross-posted and expanded at Cato at Liberty). A different view: Jazz Shaw, Hot Air (could be useful in “managing crime,” and think of the children: unless we let government monitor our comings and goings, the throwers of little girls into vans will win). And more: They can watch your car, but as Waze flap confirms, don’t you dare watch theirs [Liz Sheld]

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    “World’s Worst Mom” http://overlawyered.com/2015/01/worlds-worst-mom/ http://overlawyered.com/2015/01/worlds-worst-mom/#comments Tue, 27 Jan 2015 11:23:59 +0000 http://overlawyered.com/?p=51038 Lenore Skenazy of Free-Range Kids fame, often linked on this site, has a new TV series Thursday evenings on the Discovery Life channel. Tweet Tags: nanny state, safety

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    Lenore Skenazy of Free-Range Kids fame, often linked on this site, has a new TV series Thursday evenings on the Discovery Life channel.

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    End tenure as of age 70… http://overlawyered.com/2015/01/end-tenure-age-70/ http://overlawyered.com/2015/01/end-tenure-age-70/#comments Tue, 27 Jan 2015 10:45:56 +0000 http://overlawyered.com/?p=51012 … or go on watching the Age Discrimination in Employment Act (ADEA) weaken law faculties [Dan Subotnik] I wrote on this problem in my 1997 book The Excuse Factory, and more recently here, here, and here. Tweet Tags: age discrimination, law schools

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    … or go on watching the Age Discrimination in Employment Act (ADEA) weaken law faculties [Dan Subotnik] I wrote on this problem in my 1997 book The Excuse Factory, and more recently here, here, and here.

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    How Republicans win in the Northeast http://overlawyered.com/2015/01/republicans-win-northeast/ http://overlawyered.com/2015/01/republicans-win-northeast/#comments Tue, 27 Jan 2015 05:15:13 +0000 http://overlawyered.com/?p=51026 I wrote the cover story in this weekend’s Washington Examiner magazine, about why the Northeast continues to elect Republicans as governor (and not to many posts other than that). The cast of characters includes newly elected governors Larry Hogan of Maryland and Charlie Baker of Massachusetts, Thomas Dewey, Chris Christie, Rudy Giuliani, William Weld, George […]

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    WashExaminerCoverI wrote the cover story in this weekend’s Washington Examiner magazine, about why the Northeast continues to elect Republicans as governor (and not to many posts other than that). The cast of characters includes newly elected governors Larry Hogan of Maryland and Charlie Baker of Massachusetts, Thomas Dewey, Chris Christie, Rudy Giuliani, William Weld, George Pataki, Mitt Romney, and Christine Todd Whitman.

    It’s a particular honor that political analyst Michael Barone wrote a piece riffing on my article and going into more detail about the reformist origins of the GOP tradition in states like New York, and its continued importance as a brake on both self-dealing and fiscal profusion:

    Why have Northeastern electorates, so heavily Democratic in presidential and congressional elections, been willing to elect Republican governors so often? Because that’s the only way to prevent their heavily Democratic legislatures from taxing and spending their states onto the road to bankruptcy for the benefit of the public employee unions. That’s something that Thomas Dewey, a light spender unlike Rockefeller, would approve and understand.

    Most of my essay is about politics and policy, but here’s a bit related to law:

    Northwestern law professor and Federalist Society member John McGinnis says [New York Gov. George] Pataki’s “most impressive act” was one that was hardly noticed at the time and yielded no electoral benefits, namely his appointment to the state’s highest court of Robert Smith, who “became one of the great state court jurists of his time.”

    More on that: Ira Stoll. I blogged a bit more about Gov. Larry Hogan’s victory in my election night post, and much more at my Maryland blog Free State Notes.

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