Posts Tagged ‘bankruptcy’

Attorneys’ fees roundup

  • We’re worth it: lawyers in credit card case want judge to award them $720 million [Alison Frankel, Reuters] Johnson & Johnson will fight $181 million payday for private lawyers in Arkansas Risperdal case [Legal NewsLine]
  • British Columbia, Canada: “Lawyer Ordered To Pay Costs Personally For ‘Shoddy Piece Of Counsel Work’” [Erik Magraken] Ontario client questions lawyer’s fee [Law Times]
  • Sixth Circuit: attorneys fees statute not intended to cover dry cleaning and mini-blinds [Legal Ethics Forum]
  • Indiana lawmaker goes back to drawing board on loser-pays bill [Indiana Law Blog]
  • ‘Shocked’ by $3M legal fee in fatal car-crash case, judge tells lawyers to pay plaintiff lawyer $50K [ABA Journal]
  • Seth Katsuya Endo, “Should Evidence of Settlement Negotiations Affect Attorneys’ Fees Awards?” [SSRN via Legal Ethics Forum] /li>
  • In Israel, more of a discretionary loser-pays arrangement [Eisenberg et al, SSRN via @tedfrank]
  • British cabbie beats ticket, recovers only some of his legal costs. Still better than he’d do here, right? [Daily Mail]
  • Turnaround guru Wilbur Ross: current structure of bankruptcy fees encourages lawyer “hyperactivity” [Reuters]

WSJ investigation on asbestos claims fraud

It’s behind a paywall, but TortsProf has a few highlights. Some lawyers are battling to stave off transparency that could catch out counsel and clients who tell inconsistent stories from one case to the next in the course of squeezing maximum payouts from bankruptcy trusts set up to handle claims against asbestos defendants; the trusts themselves have extensive managerial ties to leading plaintiff’s-side firms.

P.S. And House hearings [Bloomberg News, Chamber-backed Legal NewsLine].

“Obama *did* ‘let Detroit go bankrupt'”

Good Tim Carney column on the Dems’ absurd posturing in Charlotte on the auto rescue. “Here’s the truth: what Romney proposed for Detroit was more or less what Obama did.” (For extra credit, observe the parallel with some GOPers’ insistence that RomneyCare was utterly dissimilar to ObamaCare in every respect.) More: National Review; Reuters on the Chevy Volt.

Related: Romney’s ridiculous “jobs I’ll create” commercials [Ira Stoll]

No constitutional right to punitive damages, cont’d

We’ve already mentioned this in the context of the Chrysler bankruptcy (criticized in some quarters for having divested the reorganized company of punitive damage exposure over pre-bankruptcy conduct) but here’s Drug and Device Law gathering up decisions from various states to confirm that, no, there is no vested or constitutional right to punitive damages:

Constitutional challenges have been rejected under due process, taking, jury trial, open courts and various other state constitutional provisions. It makes sense. While compensatory damages might present a closer question (depending on issues such as retroactivity), there’s simply no constitutional right for one private party to demand that another private party be punished.

Especially not when the putative purpose of the damages, to inflict financial distress on the target, has been obviated by an intervening bankruptcy.

December 7 roundup

  • Debate on medical malpractice between Ted Frank (Manhattan Institute) and Shirley Svorny (Cato Institute) [PoL]
  • Lawyers, accountants have done well from litigation-ridden Pearlman Ponzi aftermath [Orlando Sentinel]
  • Book drop “inherently dangerous”, says rape victim’s family suing library designers [Florida, LISNews]
  • “The iTunes Class Action Lawsuit You’ll Never Hear About”[NJLRA] “Jackson v. Unocal – Class Actions Find a Welcome Home in Colorado” [Karlsgodt]
  • Another tot accused of sexual harassment, this time a first grader [Boston Herald, earlier (six year old’s “assault”)]
  • Profile of lawyer who defends fair use of clips for documentary makers [ABA Journal]

January 12 roundup

October 9 roundup

  • Update: “Tax Panel Rejects Lawyer’s Bid to Deduct Spending for Sex” [NYLJ, William Barrett/Forbes, earlier] And: “Musings on laws affecting adult entertainment, alcoholic beverages and other ‘vice’ industries” [Meeting the Sin Laws blog]
  • Mississippi: judge jails lawyer for not saying Pledge of Allegiance [Freeland]
  • More on much-written-about Israeli “rape by fraud” case [Volokh, more, earlier here and here]
  • “Tribune bankruptcy talks complicated by emergence of pugnacious hedge fund” [Romenesko; earlier on involvement of hedge funds in bankruptcies]
  • More disturbing tales from Connecticut probate court [Rick Green, Hartford Courant, earlier]
  • Marc Williams of the Defense Research Institute responds to Ted Frank’s criticism of many defense lawyers [PoL]
  • Advice for Australians: to fix your litigation system, look to Germany’s success [Ackland, Sydney Morning Herald]
  • Rep. John Hall (D-N.Y.) & ’70s band Orleans threaten suit against GOP remix [“Orleans Reunion Tour“]