Posts Tagged ‘AAJ’

TCPA logic fail — and an ironic target

Lawyers continue to craft class actions (here, here, etc.) demanding hundreds of millions or billions of dollars from businesses over what are often inadvertent or gray-area violations of the Telephone Consumer Protection Act, which bans unsolicited phone communication. Consumerist Ellen Taverna of NACA, the National Association of Consumer Advocates, finds talk of abuse “ridiculous” since at the same time phone users continue to report a large volume of (often patently unlawful and TCPA-flouting) call activity. Because how could there simultaneously be the one and the other? [Alison Frankel, Reuters] Unrelatedly, class actions over TCPA have found an especially ironic target: “The American Association of Justice, the national trade association that lobbies on behalf of plaintiffs’ lawyers seeking new ways to sue, itself got sued under the TCPA – by some of its own members. The AAJ was named in a class action lawsuit related to a blast fax sent to its members by a third-party vendor.” [Bryan Quigley, U.S. Chamber Institute for Legal Reform]

Torts roundup

  • “Targeting the red plastic gas can”: how product liability bankrupted Oklahoma manufacturer Blitz [editorial, earlier]
  • Summers v. Tice, the famous “which hunter shot him?” California tort case, re-examined [Kyle Graham, Green Bag/SSRN]
  • Paul Taylor of House Judiciary makes a case for the constitutionality of broad federal tort reform [Suffolk University Law Review via Point of Law]
  • New Ken Feinberg book on compensation plans in lieu of litigation [Scheuerman, TortsProf]
  • Hot propaganda: filmmaker Susan Saladoff faces off against Victor Schwartz on “Hot Coffee” [TortsProf]
  • Studies of tort reform’s effects underestimate effects of durable reforms by mixing them in with the many that are struck down by hostile courts [Martin Grace and Tyler Leverty, SSRN via Robinette, TortsProf]
  • Membership in AAJ, the trial lawyers’ lobby, said to be on the decline [Carter Wood, PoL]

Politics roundup

  • Vice President Biden raises at least hundreds of thousands of dollars at AAJ annual convention in Chicago [PoL] Romney’s law and legal policy team [Brian Baxter, AmLaw Daily]
  • Law star Ted Cruz advances toward Senate [David Lat, AtL]
  • Can Republicans make hay out of Democrats’ platform endorsement of same-sex marriage? New Pew poll, as well as May polling round, offers reasons to doubt that [my new post at Maryland for All Families]
  • “Why Citizens United Has Nothing to Do with What Ails American Politics” [Ilya Shapiro, The American, more]
  • Bridgeport mayor Joseph Ganim, of gun-suit fame, a step closer to getting law license back after serving 7-year prison term for corruption [Courant] Eight more indictments as the Connecticut corruption scandals roll on [Conn Post]
  • Rob McKenna’s star on rise in Washington; he’s pursued public-liability reform as the state’s attorney general [Daily Caller, earlier]
  • Bypassing public financing, West Virginia judicial candidates pour their own injury-law fortunes into races [Richie Heath, Charleston Daily Mail]
  • “How hot is it in DC today? Congressman Paul is using a paper money substitute because his actual money melted.” [Tim Carney]

February 27 roundup

  • Department of Transportation cracks down on distraction from cars’ onboard information and entertainment systems; Mike Masnick suspects the measure won’t work as intended, as appears to have been the case with early texting bans [Techdirt; earlier here, etc.] “Feds Push New York Toward Full Ban On Electronic Devices In Cars” [Glenn Reynolds, Instapundit; Truth About Cars]
  • Oh no: Scott Greenfield says he’s ceasing to post at his exemplary criminal defense blog after five years [Simple Justice, Dave Hoffman]
  • California not entitled to pursue its own foreign policy, at least when in conflict with rest of nation’s: unanimous “blockbuster” decision by en banc 9th Circuit strikes down law enabling insurance suits by Armenian victims [AP, Alford/OJ, Recorder, related, Frank/PoL]
  • Playboy model’s $1.2M award against Gotham cops is a great day for the tabloids [NYDN]
  • To hear a pitch for fracking-royalty suits, visit the American Association for Justice convention, or just read the New York Times [Wood, PoL]
  • What the mortgage settlement did [John Cochrane, earlier]
  • Indian Child Welfare Act (ICWA) of 1978 blows up an adoption: “She’s a 2-year-old girl who got shoved in a truck and driven to Oklahoma with strangers.” [Reuters, SaveVeronica.org]

July 18 roundup

  • Per New Jersey court, overly sedentary home office job can result in valid worker’s comp claim [Courier-Post, NJLRA]
  • Trial bar’s AAJ denies it played “direct” role in backing “Hot Coffee” [WaPo, some background]
  • “Cop repeatedly harasses waitresses, never disciplined. Feds defend their civil rights by . . . suing the restaurant.” [Palm Beach Post via Radley Balko]
  • On “unauthorized practice of law” as protective moat around profession’s interests, Britain does things differently [Gillian Hadfield via Andrew Sullivan; related, Larry Ribstein] Forthcoming book by Robert Crandall et al urges lawyer deregulation [Brookings]
  • “The Treaty Clause Doesn’t Give Congress Unlimited Power” [Ilya Shapiro, Cato on Golan v. Holder case headed to Supreme Court]
  • The small bank regulatory shakedown blues [Kevin Funnell] Why is the Department of Justice including gag orders as part of its enforcement decrees against banks on race and lending? [Investors Business Daily via PoL] “Emigrant fights back against mortgage-discrimination suits” [Fisher, Forbes] Dodd-Frank squeezing out community banks [Funnell]
  • “North Carolina to Seize Speeding Cars That Fail to Pull Over” [The Newspaper] “With what, a tractor beam?” [James Taranto]

July 15 roundup

July 14 roundup

  • “Sources: Trial lawyers expect tax break from Treasury Department” [Legal NewsLine, PoL, earlier; measure would reportedly replicate contents of bill that didn’t pass Congress]
  • No doubt totally unrelated: eight Dem Senate candidates journey to Vancouver for AAJ fundraiser [The Hill, David Freddoso, ShopFloor, more]
  • Report: elderly man jailed after making “bomb” joke about carry-on at airport [NBCNewYork]
  • New York debt collection law firm files 80,000 actions a year, critics say errors and lack of documentation inevitable [NYT]
  • Kimberly-Clark: quit letting asbestos plaintiffs forum-shop against us [SE Texas Record] How a new asbestos defendant can get “passed around” among claimants [Global Tort, scroll] Prosperity of one Cleveland asbestos law firm I’d never heard of [Briefcase]
  • North Carolina court of appeals: employee rushing to bathroom after getting off work not acting within scope of employment [Matthews v. Food Lion, PDF]
  • “Curse of the greedy copyright holders” [Woodlief, WSJ, via de Rugy, NRO; TechDirt]
  • Update: “Ninth Circuit suspends Walter Lack, reprimands Thomas Girardi” [famed California lawyers tripped up in Dole suit; Legal Ethics Forum, PoL, earlier]