Overlawyered » bankruptcy 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 No constitutional right to punitive damages, cont’d http://overlawyered.com/2012/05/no-constitutional-right-to-punitive-damages-contd/?utm_source=rss&utm_medium=rss&utm_campaign=no-constitutional-right-to-punitive-damages-contd http://overlawyered.com/2012/05/no-constitutional-right-to-punitive-damages-contd/#comments Fri, 04 May 2012 13:56:53 +0000 Walter Olson http://overlawyered.com/?p=29447 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 [...]

No constitutional right to punitive damages, cont’d is a post from Overlawyered - Chronicling the high cost of our legal system

]]> 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.

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No constitutional right to punitive damages, cont’d is a post from Overlawyered - Chronicling the high cost of our legal system

]]> http://overlawyered.com/2012/05/no-constitutional-right-to-punitive-damages-contd/feed/ 0 December 7 roundup http://overlawyered.com/2011/12/december-7-roundup-4/?utm_source=rss&utm_medium=rss&utm_campaign=december-7-roundup-4 http://overlawyered.com/2011/12/december-7-roundup-4/#comments Wed, 07 Dec 2011 05:21:44 +0000 Walter Olson http://overlawyered.com/?p=25872 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 [...]

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

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

    ]]>     http://overlawyered.com/2011/12/december-7-roundup-4/feed/ 3     January 12 roundup http://overlawyered.com/2011/01/january-12-roundup-2/?utm_source=rss&utm_medium=rss&utm_campaign=january-12-roundup-2 http://overlawyered.com/2011/01/january-12-roundup-2/#comments Wed, 12 Jan 2011 12:09:03 +0000 Walter Olson http://overlawyered.com/?p=20918 Merger objections: “First Comes the Deal Announcement, Then Comes the Lawsuit” [WSJ Law Blog] Harvey Silverglate on campus “anti-bullying” bill [Forbes] Anna Nicole Smith case could empower bankruptcy judges, encourage forum-shoppers [Michael J. Wade, Examiner] “Family Business Wins Same Lawsuit Twice, Now Faces It For the Third Time” [Mike LePage, U.S. Chamber ILR] “I’ll Never [...]

    January 12 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • Merger objections: “First Comes the Deal Announcement, Then Comes the Lawsuit” [WSJ Law Blog]
  • Harvey Silverglate on campus “anti-bullying” bill [Forbes]
  • Anna Nicole Smith case could empower bankruptcy judges, encourage forum-shoppers [Michael J. Wade, Examiner]
  • “Family Business Wins Same Lawsuit Twice, Now Faces It For the Third Time” [Mike LePage, U.S. Chamber ILR]
  • “I’ll Never File Another Asbestos Case in Texas” [Oliver]
  • Financial whistleblowing rules a potential “gold mine”? [WSJ Law Blog, Wood/PoL, Robert Shattuck on SEC comment process]
  • “Device lag at the FDA” [Tabarrok]
  • Cheyenne-Arapahoe tribes file land claim that includes city of Denver, but they’ll trade it for casino rights [five years ago on Overlawyered]
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    January 12 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2011/01/january-12-roundup-2/feed/ 1     Bounteous bankruptcies: Lehman Brothers http://overlawyered.com/2010/10/bounteous-bankruptcies-lehman-brothers-2/?utm_source=rss&utm_medium=rss&utm_campaign=bounteous-bankruptcies-lehman-brothers-2 http://overlawyered.com/2010/10/bounteous-bankruptcies-lehman-brothers-2/#comments Thu, 28 Oct 2010 05:04:12 +0000 Walter Olson http://overlawyered.com/?p=19881 $1 billion so far in lawyers’ and other professional fees, and counting. [Reuters] Tweet Tags: bankruptcy

    Bounteous bankruptcies: Lehman Brothers is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     $1 billion so far in lawyers’ and other professional fees, and counting. [Reuters]

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    Bounteous bankruptcies: Lehman Brothers is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2010/10/bounteous-bankruptcies-lehman-brothers-2/feed/ 0     October 9 roundup http://overlawyered.com/2010/10/october-9-roundup-2/?utm_source=rss&utm_medium=rss&utm_campaign=october-9-roundup-2 http://overlawyered.com/2010/10/october-9-roundup-2/#comments Sat, 09 Oct 2010 12:14:42 +0000 Walter Olson http://overlawyered.com/?p=19614 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 [...]

    October 9 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • 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"]
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    October 9 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2010/10/october-9-roundup-2/feed/ 0     September 21 roundup http://overlawyered.com/2010/09/september-21-roundup-2/?utm_source=rss&utm_medium=rss&utm_campaign=september-21-roundup-2 http://overlawyered.com/2010/09/september-21-roundup-2/#comments Tue, 21 Sep 2010 13:29:08 +0000 Walter Olson http://overlawyered.com/?p=19307 Facing four harassment claims, embattled Philadelphia housing chief files his own suit for $600K+ [Inquirer] “Ohio State Abuses Trademark Law to Suppress a Fan Magazine and Website” [Paul Alan Levy, CL&P] “Judge Dismisses Baltimore Blight Suit Against Wells Fargo, Will Allow Refiling” [ABA Journal] Trial lawyer taking behind-the-scenes hand in Louisiana politics [OpenSecrets via Tapscott] [...]

    September 21 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • Facing four harassment claims, embattled Philadelphia housing chief files his own suit for $600K+ [Inquirer]
  • “Ohio State Abuses Trademark Law to Suppress a Fan Magazine and Website” [Paul Alan Levy, CL&P]
  • “Judge Dismisses Baltimore Blight Suit Against Wells Fargo, Will Allow Refiling” [ABA Journal]
  • Trial lawyer taking behind-the-scenes hand in Louisiana politics [OpenSecrets via Tapscott]
  • “Are hedge funds abusing bankruptcy?” [Felix Salmon and WSJ]
  • North Carolina alienation-of-affection law strikes again: “’Mistress Ordered to Pay $5.8 Million’ to Wronged Wife” [Volokh, Althouse]
  • “Lawyers take a haircut on a contingency fee in Colorado” [Legal Ethics Forum]
  • ADA lawsuits close another beloved eatery [Stockton, Calif.; six years ago on Overlawyered]
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    September 21 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2010/09/september-21-roundup-2/feed/ 1     August 12 roundup http://overlawyered.com/2010/08/august-12-roundup/?utm_source=rss&utm_medium=rss&utm_campaign=august-12-roundup http://overlawyered.com/2010/08/august-12-roundup/#comments Thu, 12 Aug 2010 12:41:44 +0000 Walter Olson http://overlawyered.com/?p=18838 “Father demands $7.5 million because school officials read daughter’s text message” [KDAF via CALA Houston] How many different defendants can injured spectator sue in Shea Stadium broken-bat case? [Melprophet] Prominent trial lawyer Russell Budd of Baron & Budd hosts Obama at Texas fundraiser [PoL] DNA be damned: when actual nonpaternity doesn’t suffice to get out [...]

    August 12 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • “Father demands $7.5 million because school officials read daughter’s text message” [KDAF via CALA Houston]
  • How many different defendants can injured spectator sue in Shea Stadium broken-bat case? [Melprophet]
  • Prominent trial lawyer Russell Budd of Baron & Budd hosts Obama at Texas fundraiser [PoL]
  • DNA be damned: when actual nonpaternity doesn’t suffice to get out from under a child support order [Alkon, more]
  • “Sean Coffey, a plaintiffs’ lawyer-turned-candidate for New York Attorney General, made more than $150,000 in state-level campaign contributions nationwide over 10 years.” [WSJ Law Blog] “Days before announcing a shareholder lawsuit against Bank of America, state Comptroller Thomas DiNapoli accepted $14,000 in campaign donations from a law firm hired to help litigate the case.” [WSJ]
  • Big new RAND Corp. study on asbestos bankruptcy trusts may spur reform [Lloyd Dixon, Geoffrey McGovern & Amy Coombe, PDF, via Hartley, more, Daniel Fisher/Forbes, background here and here] Update: Stier.
  • Public contingency suits? Of course the elected officials are in control (wink, wink) [The Recorder via Cal Civil Justice]
  • Copyright enforcement mill appears to have copied its competitor’s website [TechDirt via Eric Goldman]
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    August 12 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2010/08/august-12-roundup/feed/ 3     “Pay me now” http://overlawyered.com/2010/06/pay-me-now/?utm_source=rss&utm_medium=rss&utm_campaign=pay-me-now http://overlawyered.com/2010/06/pay-me-now/#comments Thu, 17 Jun 2010 12:42:09 +0000 Walter Olson http://overlawyered.com/?p=17826 Low-budget ads might seem fitting for a consumer bankruptcy law practice, one supposes: According to the YouTube-watcher who called this to the attention of reader R.T., “it seems to be a franchise”: Tweet Tags: bankruptcy, chasing clients, debtor-creditor law

    “Pay me now” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     Low-budget ads might seem fitting for a consumer bankruptcy law practice, one supposes:

    According to the YouTube-watcher who called this to the attention of reader R.T., “it seems to be a franchise”:

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    “Pay me now” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2010/06/pay-me-now/feed/ 2     Chrysler’s White-House-assisted bankruptcy http://overlawyered.com/2010/06/chryslers-white-house-assisted-bankruptcy/?utm_source=rss&utm_medium=rss&utm_campaign=chryslers-white-house-assisted-bankruptcy http://overlawyered.com/2010/06/chryslers-white-house-assisted-bankruptcy/#comments Sat, 05 Jun 2010 05:07:36 +0000 Walter Olson http://overlawyered.com/?p=17621 What a bad precedent it set. [Prof. Bainbridge] More: Indiana Gov. Mitch Daniels, WSJ (via Stoll). Tweet Tags: bankruptcy, Chrysler

    Chrysler’s White-House-assisted bankruptcy is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     What a bad precedent it set. [Prof. Bainbridge] More: Indiana Gov. Mitch Daniels, WSJ (via Stoll).

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    Chrysler’s White-House-assisted bankruptcy is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2010/06/chryslers-white-house-assisted-bankruptcy/feed/ 1     May 10 roundup http://overlawyered.com/2010/05/may-10-roundup/?utm_source=rss&utm_medium=rss&utm_campaign=may-10-roundup http://overlawyered.com/2010/05/may-10-roundup/#comments Mon, 10 May 2010 19:42:34 +0000 Walter Olson http://overlawyered.com/?p=17292 Failure to warn? “Non-Child Sues For Slide-Related Injury” [Lowering the Bar] “AG Cuomo Sues Lawyer for Fraud, Says He Sold His Name to Debt Collector for $141K” [ABA Journal] Ted Frank on his move to the Manhattan Institute and Point of Law [CCAF] “Viacom is becoming a lawsuit company instead of a TV company” [Doctorow, [...]

    May 10 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • Failure to warn? “Non-Child Sues For Slide-Related Injury” [Lowering the Bar]
  • “AG Cuomo Sues Lawyer for Fraud, Says He Sold His Name to Debt Collector for $141K” [ABA Journal]
  • Ted Frank on his move to the Manhattan Institute and Point of Law [CCAF]
  • “Viacom is becoming a lawsuit company instead of a TV company” [Doctorow, BoingBoing]
  • UK: “NHS pays £10,000 to family of psychiatric patient who committed suicide” [Times Online]
  • American Cancer Society: federal advisory panel’s chemicals-cause-cancer alarms are overblown [NYTimes] More: Taranto, WSJ.
  • “Who Knew Bankruptcy Paid So Well?” [NYTimes]
  • Famed sleuth Bloomberg Holmes on the case: was the Pathfinder headed for a vile sodium den? [IowaHawk]
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    May 10 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2010/05/may-10-roundup/feed/ 1