Posts Tagged ‘Alabama’

March 4 roundup

“Alabama man gets $1K in police settlement, his lawyers get $459K”

“An Alabama man who sued over being hit and kicked by police after leading them on a high-speed chase will get $1,000 in a settlement with the city of Birmingham, while his attorneys will take in $459,000, officials said Wednesday.” [Reuters/Yahoo] Readers may argue about whether this kind of outcome is fair, but note that it seems to happen more often, rather than less, in this country (with its putative “American Rule” that each side pays its own fees) than in other industrialized countries which tend more to follow “loser-pays” or “costs follow the event” fee principles. One reason for that is that the U.S. does not actually hew consistently to the so-called American Rule; across wide areas of litigation, including civil rights suits, it follows “one-way shift” principles in which prevailing plaintiffs but not prevailing defendants are entitled to fees, and whose encouragement to litigation is greater than either the American Rule or the loser-pays principle.

Related: The Pennsylvania legislature is moving to adopt a rule adopting one-way fees for some cases in which municipalities trample rights protected by the Bill of Rights’ Second Amendment, provoking peals of outrage (“dangerous,” “outrageous,” “threatens municipalities’ financial stability,” etc.) from elected officials few of whom seem to be on record objecting to one-way fee shifts when plaintiffs they like better are doing the suing. [Free Beacon]

November 20 roundup

  • KlearGear and the consumer non-disparagement clause that ate (or tried to eat) Chicago [Popehat and followup]
  • “House Passes Bill That Would Open Asbestos Trusts To Scrutiny” [Daniel Fisher/Forbes, Chamber-backed Legal NewsLine]
  • Randy Maniloff interviews Judge Richard Posner on his new book Reflections on Judging [Coverage Opinions]
  • In a custody fight, anything can happen: “Dad Accused of ‘Unfit Parenting’ for Refusing to Take His Son to McDonalds” [TIME]
  • “Released after serving 10 years on false rape accusation –then wrongly arrested for not registering as sex offender” [Chicago Tribune via @radleybalko]
  • Institute for Justice launches campaign to challenge local restrictions on food with suits over sale of cottage baked goods, front-yard vegetable gardens, advertising of raw milk [AP/Yahoo, “National Food Freedom Initiative“]
  • Alabama regulators add hassle factor when business tries to move into the state [Coyote]

Police and prosecution roundup

  • Detroit police blasted for arresting Free Press photographer who filmed arrest with her iPhone [Poynter]
  • “The discomfort of principles” in criminal defense matters [Gideon’s Trumpet]
  • House Judiciary panel on overcriminalization and mens rea shows genuinely useful bipartisanship [Jonathan Blanks, Cato] One in four new bills these days to create criminal liability lacks mens rea [Paul Rosenzweig/Alex Adrianson, Heritage]
  • Auburn, Alabama: “Cop Fired for Speaking Out Against Ticket and Arrest Quotas” [Reason TV]
  • Film project on overturned Death Row convictions [One for Ten] “Forensics review reveals hair evidence was possibly exaggerated in 27 capital cases” [ABA Journal]
  • Critics of Stand Your Ground seem to be having trouble coming up with examples to back their case [Sullum]
  • Maine: “Hancock County prosecutor admits violating bar rules in sexual assault trial” [Bill Trotter, Bangor Daily News]

Kickback allegations — and fountains of unearned cash — at the BP gulf spill fund

A “staff attorney at the Deepwater Horizon Court Supervised Settlement Program… was suspended after being accused of accepting fees from law firms while processing their clients’ claims from the 2010 Gulf of Mexico oil spill.” [Bloomberg] And that’s just the start of what may be much wider problems, according to a cover story by Paul Barrett at Bloomberg Business Week. “The craziest thing about the settlement,” one lawyer wrote in a client-solicitation letter, “is that you can be compensated for losses that are UNRELATED to the spill.” [Bloomberg Business Week] Barrett’s account tells, in his own words, “how the private-claims process following BP’s (BP) 2010 Gulf of Mexico oil spill devolved into a plaintiffs’-lawyer feeding frenzy.” [BBW]

Torts roundup

  • State attorneys general and contingent-fee lawyers: West Virginia high court says OK [WV Record] Similar Nevada challenge [Daniel Fisher]
  • Driver of bus that fatally crushed pedestrian fails to convince court on can’t-bear-to-look-at-evidence theory [David Applegate, Heartland Lawsuit Abuse Fortnightly]
  • UK uncovers biggest car crash scam ring, detectives say County Durham motorists were paying up to £100 extra on insurance [BBC, Guardian, Telegraph]
  • “A Litigator Reviews John Grisham’s The Litigators” [Max Kennerly]
  • Quin Hillyer, who’s written extensively on litigation abuse, is putting journalism on hold and running for Congress from Mobile, Ala. [American Spectator]
  • Not clear how man and 5-year-old son drowned in pool — he’d been hired for landscaping — but homeowner being sued [Florence, Ala.; WAFF]
  • “U.S. Legal System Ranked as Most Costly” [Shannon Green, Corp Counsel] “International comparisons of litigation costs: Europe, U.S. and Canada” [US Chamber]

Schools roundup

  • More on court’s enjoining Alabama House from sending schools bill to governor [Joshua Dunn, earlier]
  • Connecticut mom’s fibbing to get kid into better school district, interpreted as theft of services, contributes to 12-year sentence (also predicated on four unrelated charges of drug sale and possession) [WFSB]
  • Student speech hit by one-two punch: post-Newtown hysteria, campaign against bullying [Hans Bader, more]
  • Turn Pell Grants into entitlements? Has the Gates Foundation taken leave of its senses? [Neal McCluskey, Cato]
  • “The Dubious Case for Regulating Day Care” [John Ross, Reason, responding to Washington Post coverage of Virginia push]
  • Kansas lawmakers push back against court’s power grab on edubucks mandate [K. C. Star, earlier]
  • “Call to Ditch Red Tape on Playtime Safety” [U.K. TESConnect via Free-Range Kids]

Drug-originator liability for generic-drug injuries

A WSJ editorial and news coverage have called attention to a case from the Alabama high court holding Pfizer liable for a drug it didn’t produce, namely a generic knockoff of its acid reflux drug Reglan. Michael Greve agrees that it’s daffy to allow such suits, but traces the problem to the U.S. Supreme Court’s popular (at least with the media) 2009 decision in Wyeth v. Levine, okaying state tort actions over federally approved labels — and cautions that any victories for regulated business on the issue of federal-state preemption tend to be temporary at best. More: Coyote, FedSocBlog.

Alabama: state judge enjoins legislature from sending education bill to governor

Can courts even do that? Both houses of the Alabama legislature passed a measure called House Bill 84 revamping education policy; the state teachers’ union, the Alabama Education Association, went to court with a challenge; and Montgomery Circuit Judge Charles Price issued an injunction forbidding the Clerk of the House from enrolling the bill for the signature of Gov. Robert Bentley, who has said he would sign it. The AEA argued that lawmakers violated the state Open Meetings Act in the course of bringing the bill to passage. Republican lawmakers are appealing the judge’s action to the state supreme court; presumably they’ll argue for the old principle that equity will not enjoin legislative acts, even if it can enjoin legislation from taking effect once it is signed. [WAFF, more] Further: some background on the education bill from Jeff Poor at the Daily Caller.