Overlawyered » asbestos http://overlawyered.com Chronicling the high cost of our legal system Sun, 27 May 2012 14:01:44 +0000 en hourly 1 http://wordpress.org/?v=3.3.2 April 25 roundup http://overlawyered.com/2012/04/april-25-roundup-3/?utm_source=rss&utm_medium=rss&utm_campaign=april-25-roundup-3 http://overlawyered.com/2012/04/april-25-roundup-3/#comments Wed, 25 Apr 2012 04:15:01 +0000 Walter Olson http://overlawyered.com/?p=29276 Eugene Volokh on civil liberties problems with the Violence Against Women Act reauthorization [first, second posts] More coverage of the “N.C. vs. diet advice blogger” story we noted in February [Sara Burrows/Carolina Journal, Brian Doherty/Reason] A case for an administrative alternative to asbestos litigation [Michael Hiltzik, L.A. Times] More on administered compensation funds [Adam Zimmerman, [...]

April 25 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • Eugene Volokh on civil liberties problems with the Violence Against Women Act reauthorization [first, second posts]
  • More coverage of the “N.C. vs. diet advice blogger” story we noted in February [Sara Burrows/Carolina Journal, Brian Doherty/Reason]
  • A case for an administrative alternative to asbestos litigation [Michael Hiltzik, L.A. Times] More on administered compensation funds [Adam Zimmerman, Prawfs]
  • Scuttle-the-boat insurance fraud scheme goes amusingly wrong [Lowering the Bar]
  • “To lower prices at the pump, abolish the boutique fuel regime” [Steven Hayward, Weekly Standard]
  • Supreme Court denies certiorari in NYC rent control case [Trevor Burrus, Cato; earlier here and here] But it does grant cert in Cato-backed property rights action [Ark. Fish & Game v. U.S.; Shapiro]
  • New Zealand’s innovative public policies: left, right or something else? [Eric Crampton] Let’s be more like the Scandinavian countries [Tim Worstall, UK] Don’t forget loser-pays…
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    April 25 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2012/04/april-25-roundup-3/feed/ 2     April 11 roundup http://overlawyered.com/2012/04/april-11-roundup-4/?utm_source=rss&utm_medium=rss&utm_campaign=april-11-roundup-4 http://overlawyered.com/2012/04/april-11-roundup-4/#comments Wed, 11 Apr 2012 04:07:03 +0000 Walter Olson http://overlawyered.com/?p=28866 “Public pool owners struggle to meet chair-lift deadline” [Springfield, Ill. Journal-Register, earlier] Punitive damages aren’t vested entitlement/property, so why the surprise they’d be cut off in an administered Chrysler bankruptcy? [Adler] More on how Violence Against Women Act (VAWA) reauthorization would chip away rights of accused [Bader, Heritage, earlier] Defending sale of raw milk on [...]

    April 11 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • “Public pool owners struggle to meet chair-lift deadline” [Springfield, Ill. Journal-Register, earlier]
  • Punitive damages aren’t vested entitlement/property, so why the surprise they’d be cut off in an administered Chrysler bankruptcy? [Adler]
  • More on how Violence Against Women Act (VAWA) reauthorization would chip away rights of accused [Bader, Heritage, earlier]
  • Defending sale of raw milk on libertarian principle shouldn’t mean overlooking its real risks [Greg Conko/CEI; Mark Perry on one of many heavy-handed enforcement actions against milk vendors]
  • More tributes to longtime Cato Institute chairman Bill Niskanen [Regulation magazine (PDF), earlier]
  • Asbestos lawyers wrangle about alleged swiping of client files [Above the Law]
  • “Nathan Chapman & Michael McConnell: Due Process as Separation of Powers” [SSRN via Rappaport, Liberty & Law]
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    April 11 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2012/04/april-11-roundup-4/feed/ 1     Madison County: no more trial dates for unfiled cases http://overlawyered.com/2012/04/madison-county-no-more-trial-dates-for-unfiled-cases/?utm_source=rss&utm_medium=rss&utm_campaign=madison-county-no-more-trial-dates-for-unfiled-cases http://overlawyered.com/2012/04/madison-county-no-more-trial-dates-for-unfiled-cases/#comments Mon, 02 Apr 2012 12:56:08 +0000 Walter Olson http://overlawyered.com/?p=28684 “A state court judge in Madison County, Ill., [has] ordered an end to the court’s practice of allotting trial dates to local asbestos plaintiffs firms before they had filed any cases. The order was hailed by defense advocacy groups like the U.S. Chamber of Commerce and the American Tort Reform Association, which have long criticized [...]

    Madison County: no more trial dates for unfiled cases is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     “A state court judge in Madison County, Ill., [has] ordered an end to the court’s practice of allotting trial dates to local asbestos plaintiffs firms before they had filed any cases. The order was hailed by defense advocacy groups like the U.S. Chamber of Commerce and the American Tort Reform Association, which have long criticized Madison County’s system on the grounds that it allowed local firms to market their trial slots to out-of-state plaintiffs.” [AmLaw Litigation Daily, sub-only; Chamber-backed Madison County Record]

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    Madison County: no more trial dates for unfiled cases is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2012/04/madison-county-no-more-trial-dates-for-unfiled-cases/feed/ 0     Illinois court: don’t blame railroad for asbestos delivery http://overlawyered.com/2012/02/illinois-court-dont-blame-railroad-for-asbestos-delivery/?utm_source=rss&utm_medium=rss&utm_campaign=illinois-court-dont-blame-railroad-for-asbestos-delivery http://overlawyered.com/2012/02/illinois-court-dont-blame-railroad-for-asbestos-delivery/#comments Mon, 06 Feb 2012 14:43:21 +0000 Walter Olson http://overlawyered.com/?p=27383 “This January, the justices stopped [attorney James] Wylder’s argument dead in its tracks once again, concluding that the McLean County Circuit Court should have dismissed his three negligence suits against Illinois Central Railroad. Wylder had argued that Illinois Central was responsible for the alleged asbestos-related injuries of workers at an asbestos plant because the asbestos [...]

    Illinois court: don’t blame railroad for asbestos delivery is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     “This January, the justices stopped [attorney James] Wylder’s argument dead in its tracks once again, concluding that the McLean County Circuit Court should have dismissed his three negligence suits against Illinois Central Railroad. Wylder had argued that Illinois Central was responsible for the alleged asbestos-related injuries of workers at an asbestos plant because the asbestos had arrived there by rail.” [Chamber's Madison County Record, more; background on "asbestos conspiracy" line of Illinois cases, LNL]

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    Illinois court: don’t blame railroad for asbestos delivery is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2012/02/illinois-court-dont-blame-railroad-for-asbestos-delivery/feed/ 0     February 6 roundup http://overlawyered.com/2012/02/february-6-roundup-3/?utm_source=rss&utm_medium=rss&utm_campaign=february-6-roundup-3 http://overlawyered.com/2012/02/february-6-roundup-3/#comments Mon, 06 Feb 2012 05:02:14 +0000 Walter Olson http://overlawyered.com/?p=27368 “A 4-Page Playdate Waiver? Is This the New Normal?” [Lenore Skenazy, Free-Range Kids; our 2000 post on "Rise of the High-School Sleepover Disclaimer"] Spirit Airlines sets what it calls DOTUC fee, for “Dept. of Transportation Unintended Consequences” [Stoll] How fairly are fathers treated in family court? [Nina Shapiro, Seattle Weekly via Alkon] “‘Insider’ Trading by [...]

    February 6 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • “A 4-Page Playdate Waiver? Is This the New Normal?” [Lenore Skenazy, Free-Range Kids; our 2000 post on "Rise of the High-School Sleepover Disclaimer"]
  • Spirit Airlines sets what it calls DOTUC fee, for “Dept. of Transportation Unintended Consequences” [Stoll]
  • How fairly are fathers treated in family court? [Nina Shapiro, Seattle Weekly via Alkon]
  • “‘Insider’ Trading by the Representative Plaintiff in Shareholder Litigation” [Bainbridge]
  • “Donation controversy focuses attention on Madison County asbestos litigation” [St. Louis Post-Dispatch, Chamber-backed LNL]
  • Update: Appeals court reinstates Duluth doc’s defamation claims [DNT, earlier here, here, here; "bedside manner" criticism]
  • U.K.: “‘Psychic’ Sally Morgan Sues Critics for £150,000 After Refusing $1 Million to Prove Her Powers” [D.J. Grothe, HuffPo] “She’ll be calling witnesses such as ‘an uncle, or father, or a man… with a b in his first name’.” [@thegagthief]
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    February 6 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2012/02/february-6-roundup-3/feed/ 1     January 31 roundup http://overlawyered.com/2012/01/january-31-roundup/?utm_source=rss&utm_medium=rss&utm_campaign=january-31-roundup http://overlawyered.com/2012/01/january-31-roundup/#comments Tue, 31 Jan 2012 05:06:21 +0000 Walter Olson http://overlawyered.com/?p=26199 Latest of periodic Towers Watson (formerly Towers Perrin/Tillinghast) surveys: tort costs fell in 2010 excluding oil spill liability [Towers Watson] “Will Newt Neuter the Courts?” [James Huffman, Defining Ideas] Obama’s high court appointees are fortunately friendlier toward civil liberties than he is [Steve Chapman] Unanimous Cal Supremes: companies not legally responsible for other companies’ asbestos [...]

    January 31 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • Latest of periodic Towers Watson (formerly Towers Perrin/Tillinghast) surveys: tort costs fell in 2010 excluding oil spill liability [Towers Watson]
  • “Will Newt Neuter the Courts?” [James Huffman, Defining Ideas] Obama’s high court appointees are fortunately friendlier toward civil liberties than he is [Steve Chapman]
  • Unanimous Cal Supremes: companies not legally responsible for other companies’ asbestos products used as replacement for theirs [Cal Biz Lit, Jackson, Beck, Mass Tort Prof]
  • Claim: jurors considered policy implications of verdict and you can’t have that [On Point; defense verdict in Baltimore, Maryland school-bullying case]
  • Airfare display mandate: “‘Protecting’ Consumers from the Truth About the Cost of Government” [Thom Lambert, TotM]
  • Critical assessment of AP-backed new copyright aggregator “NewsRight” [Mike Masnick] Promises not to be “Righthaven 2.0″ [Cit Media Law]
  • Restatement (Third) of Torts drafters vs. Enlightenment scientific views of causation [David Oliver in June]
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    January 31 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2012/01/january-31-roundup/feed/ 2     “Mississippi Court Reverses $322 Million Asbestos Verdict” http://overlawyered.com/2012/01/mississippi-court-reverses-322-million-asbestos-verdict/?utm_source=rss&utm_medium=rss&utm_campaign=mississippi-court-reverses-322-million-asbestos-verdict http://overlawyered.com/2012/01/mississippi-court-reverses-322-million-asbestos-verdict/#comments Wed, 04 Jan 2012 05:08:15 +0000 Walter Olson http://overlawyered.com/?p=26594 “A Mississippi court has reversed a $322 million asbestos verdict against Union Carbide — believed to be the largest in U.S. history — after the judge failed to disclose his own father had pending asbestos litigation against the same company. … The jury ruled for Brown even though nine treating physicians, an independent medical examiner [...]

    “Mississippi Court Reverses $322 Million Asbestos Verdict” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     “A Mississippi court has reversed a $322 million asbestos verdict against Union Carbide — believed to be the largest in U.S. history — after the judge failed to disclose his own father had pending asbestos litigation against the same company. … The jury ruled for Brown even though nine treating physicians, an independent medical examiner and an X-ray technician all testified that the plaintiff had no symptoms of asbestos-related disease.” [Daniel Fisher, Forbes; earlier here, here and here]

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    “Mississippi Court Reverses $322 Million Asbestos Verdict” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2012/01/mississippi-court-reverses-322-million-asbestos-verdict/feed/ 0     “Madison County judge reassigned after receiving campaign contributions” http://overlawyered.com/2011/12/madison-county-judge-reassigned-after-receiving-campaign-contributions/?utm_source=rss&utm_medium=rss&utm_campaign=madison-county-judge-reassigned-after-receiving-campaign-contributions http://overlawyered.com/2011/12/madison-county-judge-reassigned-after-receiving-campaign-contributions/#comments Thu, 15 Dec 2011 14:14:35 +0000 Walter Olson http://overlawyered.com/?p=26256 “Madison County Circuit Judge Barbara Crowder was dropped Tuesday from hearing all asbestos cases less than a week after her campaign committee received $30,000 in contributions from three metro-east asbestos law firms.” [Belleville News-Democrat, followup (says she'll return money); Chamber-backed Madison/St. Clair Record, followup] Tweet Tags: asbestos, Illinois, judicial elections, Madison County

    “Madison County judge reassigned after receiving campaign contributions” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     “Madison County Circuit Judge Barbara Crowder was dropped Tuesday from hearing all asbestos cases less than a week after her campaign committee received $30,000 in contributions from three metro-east asbestos law firms.” [Belleville News-Democrat, followup (says she'll return money); Chamber-backed Madison/St. Clair Record, followup]

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    “Madison County judge reassigned after receiving campaign contributions” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2011/12/madison-county-judge-reassigned-after-receiving-campaign-contributions/feed/ 3     November 2 roundup http://overlawyered.com/2011/11/november-2-roundup-4/?utm_source=rss&utm_medium=rss&utm_campaign=november-2-roundup-4 http://overlawyered.com/2011/11/november-2-roundup-4/#comments Wed, 02 Nov 2011 05:08:25 +0000 Walter Olson http://overlawyered.com/?p=25336 A request for anti-SLAPP lawyers in Maine and Maryland [Popehat] “Gallup: Government Regulation the Top Concern Among Small Business Owners” [NRO Corner] Almost as if in rebuttal to claims from Treasury economist [Business Roundtable] Foreclosure law firm in upstate NY under fire after pics posted of its Halloween party [Nocera, Mystal] “GAO Report Details Secrecy [...]

    November 2 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • A request for anti-SLAPP lawyers in Maine and Maryland [Popehat]
  • “Gallup: Government Regulation the Top Concern Among Small Business Owners” [NRO Corner] Almost as if in rebuttal to claims from Treasury economist [Business Roundtable]
  • Foreclosure law firm in upstate NY under fire after pics posted of its Halloween party [Nocera, Mystal]
  • “GAO Report Details Secrecy Of Asbestos Trusts” [Dan Fisher, Forbes] Crown Cork & Seal seeks successor-liability bill in Massachusetts [Eagle-Tribune]
  • Case against FMCSA’s rule change on truckers’ hours-of-service [Marc Scribner, CEI]
  • Richard Epstein on John Paul Stevens as justice and, now, author [Hoover]
  • Feds say lawyer who advised giant theft ring was partly paid in chic shoes and other designer gear [ABA Journal]
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    November 2 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2011/11/november-2-roundup-4/feed/ 0     October 7 roundup http://overlawyered.com/2011/10/october-7-roundup-2/?utm_source=rss&utm_medium=rss&utm_campaign=october-7-roundup-2 http://overlawyered.com/2011/10/october-7-roundup-2/#comments Fri, 07 Oct 2011 05:39:50 +0000 Walter Olson http://overlawyered.com/?p=24535 Prodded by UNICEF and the Hague Convention, countries cut back on international adoption, leaving kids to future of orphanage life [Reason.tv video, interviewing among others Harvard's Elizabeth Bartholet; more] Critics: lawyers are main winners in NYC rent settlement [NYDN] NYC rent stabilization rules gave landlords incentive to do luxury conversions [FWIW] Breast-aurant rivals in court: [...]

    October 7 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • Prodded by UNICEF and the Hague Convention, countries cut back on international adoption, leaving kids to future of orphanage life [Reason.tv video, interviewing among others Harvard's Elizabeth Bartholet; more]
  • Critics: lawyers are main winners in NYC rent settlement [NYDN] NYC rent stabilization rules gave landlords incentive to do luxury conversions [FWIW]
  • Breast-aurant rivals in court: “Hooters Suing Twin Peaks, Which Previously Sued Grand Tetons” [Lowering the Bar, earlier]
  • Jonathan Chait: it’ll be “useful” for debate if CEOs “fear for their personal safety” [Matt Welch, related, similar (see "Patterns of Intimidation"), also related to "occupation" as tactic]
  • Ethics complaint charges that boilerplate affidavits led to fee approval for lawyer in Bronx Surrogate’s Court [ABA Journal]
  • “Widow allowed to sue tobacco companies [whose products] husband didn’t use” [Florida, DBR] Appeals court: manufacturer not under legal duty to warn of asbestos injury caused by another manufacturer’s products [Business Insurance]
  • Debit card fee: made in D.C. [Glenn Reynolds; related, Joe Weisenthal]
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    October 7 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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