Posts tagged as:

Arkansas

Election open thread

by Walter Olson on November 5, 2014

Trial lawyer and inveterate Litigation Lobby booster Bruce Braley lost his Iowa senate bid (“He comes across as arrogant, and I think it’s because he is,” said an unnamed Democratic official.) Sen. Mark Pryor, chief Senate handler of the awful CPSIA law, lost big.

Massachusetts voters again rejected Martha Coakley, whose prosecutorial decisions we have found so hard to square with the interests of justice. The Wisconsin Blue Fist school of thought, which sees organized government employees as the natural and truly legitimate governing class, met with a rebuff from voters not only in Wisconsin itself but in neighboring Illinois (where Gov. Quinn, of Harris v. Quinn fame, went down to defeat) and elsewhere. Colorado voters rejected GMO labeling, while a similar Oregon bill was trailing narrowly this morning but not with enough votes to call.

California voters rejected Prop 46, to raise MICRA medical liability limits, require database use and impose drug testing of doctors, by a 67-33 margin, and also rejected Prop 45, intensifying insurance regulation, by a 60-40 margin (earlier).

I’ve written a lot at my Free State Notes blog about the governor’s race in my own state of Maryland, and unlike most others was not surprised at Larry Hogan’s stunning upset victory. The politics category there includes my letter to Washington Post-reading independents and moderates about why they should feel comfortable electing Hogan as a balance to the state’s heavily Democratic legislature, as well as my parody song about what I thought a revealing gaffe by Hogan’s opponent, Lieutenant Governor Anthony Brown.

{ 0 comments }

Readers who followed Overlawyered in 2009-10 will recall that the closest this site has ever come to a crusade was in covering the truly horrible Consumer Product Safety Improvement Act of 2008, enacted after a media-fed tainted-toy panic, a law that needlessly drove out of business many small retailers and manufacturers of children’s goods posing no hazard whatsoever to consumers. Some will further recall that the chief Senate handler of the legislation was Sen. Mark Pryor (D-Arkansas), who cut a poor figure throughout as both ill-informed and dismissive about the side effects his own legislation was having.

Now Sen. Pryor is locked in a tight race for re-election with challenger Rep. Tom Cotton, and a group called the Arkansas Project has been reminding readers of Pryor’s record on CPSIA, digging up many new details in an August series written by Washington, D.C.-area policy analyst Marc Kilmer (who generously credits Overlawyered coverage as a source throughout). Most of the series can be found at this tag or via search. Here is a guide to individual installments in the series, supplemented by links to further coverage from our archives:

Arkansas voters — and everyone who wants to learn how a Congress can fail spectacularly at its legislative responsibilities — should read this series in full.

{ 2 comments }

July 3 roundup

by Walter Olson on July 3, 2014

  • As Brooklyn changes, so do its juries: “more sophisticated people… they don’t believe [plaintiffs] should be awarded millions of dollars for nothing.” [NY Post quoting plaintiff's lawyer Charen Kim]
  • Richard Epstein: Massachusetts buffer zone statute “should have been upheld, not struck down” [Hoover Institution, earlier on McCullen v. Coakley, my related comment]
  • “Runners” as in client-chasing for injury work: “Arkansas AG Files Suit Against Chiropractic ‘Runners'” [AP]
  • Fox, henhouse: 2012 law says local transit agencies must sit on boards helping set their own funding [Randal O'Toole, Cato]
  • No-good, terrible, really bad idea: occupational licensure for software professionals [Ira Stoll]
  • More proliferation of legally required video surveillance [Volokh; guns, cellphone sales]
  • How do you expect the IRS to back up headquarters emails when we throttle its IT budget down to a mere $2.4 billion? [Chris Edwards, Cato]

{ 1 comment }

  • Anonymous tip as basis for search? Thomas, Scalia divide in 5-4 SCOTUS decision [Tim Lynch/Cato; Popehat and Scott Greenfield vs. Orin Kerr]
  • Undercover police target Uber, Lyft drivers to “send a message” [Alice Truong, Fast Company; related on New York AG Eric Schneiderman; yet more from NY state senator Liz Krueger (claims AirBnB could also lead to gambling and drugs)]
  • Judge Rakoff on plea deals: “hundreds… or even tens of thousands of innocent people who are in prison, right now” [Tim Lynch, Cato]
  • “Everybody’s trafficked by something,” claims one Phoenix police lieutenant [Al-Jazeera via Elizabeth Nolan Brown, Reason] “Lies, damned lies, and sex work statistics” [Maggie McNeill]
  • Small town police get feds’ surplus armored military vehicles. What could go wrong? [Radley Balko, with reader comments on challenges of supplies and maintenance]
  • Good: “Obama to consider more clemency requests from nonviolent drug offenders” [CBS, Tim Lynch, my take in December]
  • Arkansas: “Mom Arrested for Breastfeeding After Drinking Alcohol in a Restaurant” [Free-Range Kids]

Medical roundup

by Walter Olson on April 17, 2014

  • Academics have underestimated sensitivity of medical system to liability pressures [Michael Frakes, SSRN via TortsProf]
  • “Nobody has gone out and bought a new home” — Mark Lanier talks down his verdict knocking $9 billion out of Takeda and Lilly after two hours of deliberation by a Lafayette, La. jury [Reuters] Japanese drugmaker says it had won three previous trials [ABA Journal]
  • Nursing home in living-up-to-its-name town of West Babylon sued over hiring male strippers to entertain residents [NYP, more (wife of complainant attended display), ABA Journal]
  • “Reining in FDA regulation of mobile health apps” [Nita Farahany, Volokh/WaPo]
  • Another setback for plaintiffs as Arkansas tosses $1.2 billion Risperdal marketing case against Johnson & Johnson [AP/Scottsbluff Star-Herald, Eric Alexander/Drug and Device Law, earlier here and here]
  • “Spacecraft collision injuring occupant”: docs scratch their heads at new revamp to billing codes [Steven Syre, Boston Globe via Future of Capitalism]
  • FDA preclearance, drug litigation: “Most [patients] never know they were harmed, because we never know what we might have had.” [John Stossel]

{ 1 comment }

Politics roundup

by Walter Olson on December 11, 2013

  • “Who’s Afraid of Political Speech?” (spoiler: incumbents) [Roger Pilon, Cato] “None of this was perceived as a major problem so long as the 501(c)(4) category was dominated by the political left” [Brad Smith, WSJ]
  • Texas trial lawyers not all of one mind over extent of political involvements [Texas Tribune, Southeast Texas Record]
  • Sen. Mark Pryor, a key architect of the terrible, horrible, no-good, very bad CPSIA law, faces tough re-election race in Arkansas [Politico]
  • RNC asked to take stand for Americans overseas hurt by FATCA tax law [McClatchy]
  • Richard Epstein recalls Chris Christie’s unlovely tactics as a prosecutor [Ira Stoll, Future of Capitalism]
  • That time Texas politico Wendy Davis sued the Fort Worth paper over its coverage of her campaign [Andrew Stiles, NRO]
  • “Low political knowledge levels mainly due to lack of demand for info, not lack of supply” [Ilya Somin, Jack Shafer]
  • SEC backs off plan to expose companies to harassment over outlays to politically oriented nonprofits, and NYT (thinking only of shareholders’ welfare of course) is sad about that [Marc Hodak, David Silvers/CEI, NYT] Sen. Warren seems to enjoy new capacity to use position, Durbin-like, to punish political foes [David Henderson]

{ 2 comments }

  • Arkansas: “‘Corruption of Blood’ Amendment Withdrawn After House Supporter Is Reminded What Century It Is” [Above the Law]
  • George Zimmerman-Trayvon Martin case heads for trial [TalkLeft, Doug Mataconis, and Richard Hornsby via Megan McArdle on evidentiary standards, earlier]
  • Is New Hampshire citizens’ group harassing town parking meter enforcers, or monitoring their work? [Union Leader, ABA Journal, Reason]
  • New York politicos quarrel over Hank Greenberg suit, overbroad Martin Act is to blame [Bainbridge]
  • Enforcement grabs higher-ups in Ralph Lauren Argentine customs bribery case [FCPA Professor, earlier]
  • Who stole the tarts? “Mom has son arrested for stealing Pop-Tarts” [Lowering the Bar; Charlotte, N.C.] Tip from Georgia cops: avoid situations where you might have to cling to hood of moving car [same]
  • “Omaha officers told: Don’t interfere with citizens’ right to record police activity” [Omaha World-Herald via @radleybalko ("Good work, Omaha.")]

{ 1 comment }

The decision in Standard Fire Insurance Co. v. Knowles was 9-0, Justice Breyer writing for the Court, and signals’ Justices’ impatience with lawyerly gamesmanship intended to evade CAFA (the Class Action Fairness Act of 2005). I’ve got a short commentary at Cato, which filed an amicus brief on the side that prevailed [decision in PDF, background at SCOTUSBlog, earlier here etc., my new Cato post; more on stage hooks](& SCOTUSBlog, Ted Frank/PoL (“Miller County [Arkansas] trial lawyers had collected hundreds of millions of dollars of legal fees from forum-shopped class-action settlements; the class members whom they purportedly represented likely didn’t even get 10% as much.”))

More: Andrew Trask (“The Supreme Court is envisioning the class action as a procedural aggregation device, rather than a corporate deterrent or a trust-like entity. This is good news for defendants.”); Alison Frankel, Reuters. And I’m quoted on the case in Alex Daniels’ account in the March 20 Arkansas Democrat-Gazette (sub-only).

March 18 roundup

by Walter Olson on March 18, 2013

  • Justice done in Tewksbury, Mass. as feds won’t appeal loss in Motel Caswell forfeiture case [Institute for Justice]
  • Oh, FTC: “Government Now Says Tweets Have To Include ‘The Fine Print'” [Business Insider]
  • Judge lifts “no Facebook posts” order against class action objector [Paul Alan Levy, ABA Journal, earlier]
  • House Judiciary Committee hearing on litigation abuse feature Ted Frank, John Beisner [link to video, Chamber-backed LNL]
  • Update: minister who aided Miller-Jenkins custody-napping gets 27 month sentence [AP,earlier]
  • Pennsylvania high court judge convicted on charges of using state staff for campaign [AP] Also in Pa., wife/chief aide of high court justice “has received 18 payments as referral fees for connecting law firms with clients” [Philadelphia Inquirer] “Arkansas Supreme Court Justice reports $50k gift from plaintiff lawyer” [LNL]
  • Widow sues church for refusal to accept NASCAR-themed cemetery headstone [IndyStar]

{ 1 comment }

Torts roundup

by Walter Olson on March 6, 2013

  • Despite sparseness of evidence, lawyers hope to pin liability on hotel for double murder of guests [Tennessean]
  • Celebrated repeat litigant Patricia Alice McColm sentenced after felony conviction for filing false documents in Trinity County, Calif. [Trinity Journal, more, Justia, earlier] Idaho woman challenges vexatious-litigant statute [KBOI]
  • “2 Florida Moms Sentenced for Staged Accident Insurance Fraud” [Insurance Journal, earlier]
  • With Arkansas high court intent on striking down liability changes, advocates consider going the constitutional amendment route [TortsProf] Fifth Circuit upholds Mississippi damages caps [PoL]
  • What states have been doing lately on litigation reform [Andrew Cook, Fed Soc] Illinois lawmakers’ proposals [Madison-St. Clair Record] Head of Florida Chamber argues for state legal changes [Tampa Tribune]
  • Crowd of defendants: “Ky. couple names 124 defendants in asbestos suit” [WV Record]
  • A bad habit of Louisiana courts: “permitting huge recoveries without proof of injury” [Eric Alexander, Drug and Device Law]

In the mail: “Bad Dad”

by Walter Olson on February 17, 2012

We blogged about this case in 2008, and now Fort Worth Star-Telegram columnist Dave Lieber has turned it into a book. From the description:

A newspaper columnist investigates the shenanigans of a small-town police department — then pays a price for it. After he orders his misbehaving 11-year-old son to walk home from a local restaurant, police arrest the dad for two felony counts. A true-story thriller about parental responsibility, small-town corruption and the consequences of being a public figure.

And: should an Arkansas mother whose son had been thrown off the regular school bus for misbehavior face child endangerment charges for making him walk 4.5 miles to school instead? [Alkon] From Australia, should police warn parents for letting a 7-year-old visit a local shop alone, and a 10-year-old ride a bus unaccompanied? [Sydney Morning Herald via Skenazy]

{ 5 comments }

November 23 roundup

by Walter Olson on November 23, 2011

  • Big win for Ted Frank against cy pres slush funds [CCAF, Fisher, Zywicki, CL&P, @tedfrank ("Ninth Circuit rules in my favor ... but I still think I'm right".)]
  • “Can the Vatican Be Subject to ICC Prosecution?” [Ku/OJ]
  • “Tennessee: ATS Sues City Over Right Turn Ticket Money” [The Newspaper]
  • “Law firms dominating campaign contributions to Obama” [WaPo]
  • Does that mean it’s an entitlement? Punitive damage limits face constitutional challenges in Arkansas, Missouri [Cal Punitives]
  • Businessman sues to silence critical blogger, case is dismissed, now files suit #2 [Scott Greenfield]
  • Going Hollywood? “The Supreme Court should move to Los Angeles” [Conor Friedersdorf]

{ 2 comments }

Update roundup

by Walter Olson on November 13, 2011

Further on stories we’ve noted in the past:

{ 1 comment }

July 26 roundup

by Walter Olson on July 26, 2011

  • Murder victim’s family sues Schwarzenegger for commuting sentence [KTXL]
  • Easter egg in Dodd-Frank: Lawmaker’s pet “conflict minerals” proposal, to be enforced by SEC [Protess] More on costs to automakers and others: WLF, Carter Wood, more. Further: Bader.
  • Push is on again for fashion design copyright protection [NYT, earlier] Another skeptical view of bill [Katy Tasker, Public Knowledge]
  • Charges dropped against woman who videotaped cops from her front yard [Rochester D&C]
  • “Mom Charged with ‘Child Endangerment’ When Tot Wanders Off” [Free-Range Kids]
  • Live off the land? Better not try that in rural L.A. County [Cavanaugh]
  • Does the U.S. maintain diplomatic relations with this strange realm of “Gould, Arkansas”? [Volokh, Underhill/Forbes]

{ 4 comments }

It’s surprising there isn’t more controversy over state AGs’ frequent practice of using moneys from lawsuit settlements for their own favored causes (as opposed to, say, handing it over to the state treasury). Now Arkansas AG Dustin McDaniel is drawing criticism for his funneling of cy pres funds to politically advantageous causes that don’t happen to have been voted appropriations by the state legislature [John Brummett, Arkansas News; Dan Greenberg, The Arkansas Project, and followup]

P.S. Related on cy pres in private class actions: Dan Popeo, WLF (Google Buzz settlement); Michael Tremoglie, LNL; Ted Frank.

{ 2 comments }

Pruett Nance was hurt riding an all-terrain vehicle on the grounds of a no-longer-operating theme park in Arkansas, Dogpatch USA. The owners having not paid a $650,000 judgment, a judge has awarded Nance ownership of the park. [Arkansas Online via Childs, TortsProf]

{ 6 comments }

April 18 roundup

by Walter Olson on April 18, 2011

March 30 roundup

by Walter Olson on March 30, 2011

  • “Woman Sues Adidas After Fall She Blames on Sticky Shoes” [Lowering the Bar]
  • Texas lawmakers file loser pays proposals [SE Tex Record] Actual scope of proposals hard to discern through funhouse lens of NYT reporting [PoL] Marie Gryphon testimony on loser-pays proposals in Arkansas [Manhattan Institute, related]
  • Google awarded patent on changing of logo for special days [Engadget via Coyote]
  • “Civil Gideon in Deadbeat Dad Cases Would Be ‘Massive’ Change, Lawyer Tells Justices” [Weiss, ABA Journal, Legal Ethics Forum]
  • Amateur-hour crash-fakers in Bronx didn’t reckon on store surveillance camera [NY Post]
  • “Plaintiffs’ Lawyers in Cobell Defend $223M Fee Request” [BLT]
  • Show of harm not needed: FDA kicks another 500 or so legacy drugs off market, this time in the cold-and-cough area [WaPo]
  • “Wal-Mart v. Dukes: Rough Justice Without Due Process” [Andrew Trask, WLF]