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BP Transocean oil spill

First came the character assassination aimed at Judge Martin Feldman, then came the death threats [Jeff Crouere, BayouBuzz via Wood/PoL, earlier]

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June 25 roundup

by Walter Olson on June 25, 2010

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June 24 roundup

by Walter Olson on June 24, 2010

  • “IP Lawyer Who Spotted Expired Patent on Solo Cup Lid Loses Quest for Trillions in Damages” [ABA Journal, earlier on "false markings" suits here, here, etc.]
  • Like we’re surprised: Linda Greenhouse favors sentimental (“Poor Joshua!”) side in 1989 DeShaney case and hopes Elena Kagan does too [NYT Opinionator, my take a few years back]
  • Why is Le Monde in financial trouble? For one thing, firing a printing plant employee costs €466,000 [Frédéric Filloux, Monday Note via MargRev]
  • “Will these salt peddlers stop at nothing?” Michael Kinsley on NYT sodium-as-next-tobacco coverage [Atlantic Wire]
  • “‘Victim’ Gets $4.17 Coupon, Lawyers Get $10 Million Cash”: Expedia class action settlement [John Frith, California Civil Justice Blog]
  • Scruggs investigation finally over as feds drop probe of political operative P.L. Blake; several figures in Mississippi scandal are up for release soon from prison [Jackson Clarion Ledger]
  • $20 billion Gulf spill fund: “Oil Gushes and Power Rushes” [Sullum, Althouse]
  • “NYC Naked Cowboy to Naked Cowgirl: Stop copying me” [AP]

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Georgetown law professor Richard Lazarus has been named executive director of the Obama administration’s new commission on the Gulf oil spill. In 2007 Prof. Lazarus was reported to be among participants in the rather grandly named “National Legal Scholars Law Firm“, which “provides its services solely for the benefit of plaintiffs’ lawyers,” though he is not longer named on its scholar list.

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June 23 roundup

by Walter Olson on June 23, 2010

  • Judge blocks sweeping Obama administration ban on new offshore drilling [Roger Pilon, Cato] Some reasons judge may have found ban irrational [Lowry, NRO, scroll to reader comment; Gus Lubin, Business Insider] More on Jones Act waivers in the Gulf [Bainbridge, earlier]
  • Connecticut AG Blumenthal launches investigation of Google Street View [Rick Green, Courant]
  • Florida judge tosses out $10 million libel verdict against St. Petersburg Times [St. P.T.]
  • Lawyer in British Columbia suspends practice after bizarre jury tampering charges [CBC]
  • “Disclosed to death”: why laws mandating disclosure are so overused and overbroad [Falkenberg, Forbes on work of Omri Ben-Shahar and Carl E. Schneider, via PoL]
  • Judge dismisses controversial Pennsylvania case against Johnson & Johnson over Risperdal marketing, Gov. Rendell had hired major donor to run suit on contingency [LNL, McDonald/NJLRA, earlier]
  • Rick Hills vs. Ilya Somin on federalism and constitutional enforcement of property rights [Prawfsblawg, Volokh]
  • Beware proposed expansion of Federal Trade Commission powers [Wood, ShopFloor]

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June 21 roundup

by Walter Olson on June 21, 2010

  • After Mohawk Industries settlement, many employers could be sitting ducks for suits claiming that hiring illegal workers is RICO violation [Helman, Forbes, earlier]
  • Teen tries to help child lost in store, winds up facing felony rap of false imprisonment [Greenfield]
  • Federal magistrate in debt collection case: letter on law firm letterhead implies threat to sue [Legal Intelligencer]
  • On “professional” class action objectors [Ted at PoL]
  • Coal company claims ventilation system ordered by government regulators might have been a cause of deadly April mine explosion [WSJ]
  • Senate committee approves judicial nomination of John (“Jack”) McConnell, impresario of Rhode Island lead-paint litigation; William Jacobson explains critics’ charges regarding couching of legal fee as purported hospital donation [Legal Insurrection]
  • Hey, stop siphoning that oil slick, we haven’t checked your life jackets and extinguishers [GatewayPundit] Gulf oil rig registered for purposes of regulation in remote Pacific island chain [Legal Blog Watch] Richard Epstein on oil spill liability [WSJ] BP will never pay full price of accident [Popehat] Check back in 2031 to see how the litigation went [Alex Beam, Boston Globe]
  • American Constitution Society holds panel discussion on Iqbal and Twombly [BLT] “Is It Too Much to Ask That a Lawsuit Be ‘Plausible’?” [Richard Samp, WLF Legal Pulse]

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Dionne Searcey of the Wall Street Journal quotes me in a piece this morning on Texas lawyer Mark Lanier’s high hopes for the BP/Transocean Gulf spill litigation.

“Given recent volatility in BP share price, I’m told that information related to top kill is now considered stock-market sensitive, which means it has to be managed under disclosure rules for the London and N.Y. stock exchanges,” the BP media official said in an e-mail message. “In a nutshell, that means all investors must be provided information on an equal basis. That precludes me from sending you updates as various aspects of the operation unfold.” — today’s New York Times. Readers can correct me if I’m wrong, but I believe securities law itself, and not merely private exchange rules, currently constrains companies’ release of stock-market-sensitive information.

P.S.: Ira Stoll, better informed than I about the background, makes the same point: “I agree with Mr. Carr that this is a problem, but his quarrel should be with the SEC and Reg FD, not with BP.”

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Roger Parloff at Fortune answers some frequently asked questions. Last week he wrote about the supposed, but largely irrelevant, $75 million “cap,” in actuality, according to one expert, a provision of a law “designed to expand liability.” Earlier here.

P.S. From the WSJ (paywall):

Under all but the most dire situations, BP should have little trouble servicing its debts. The biggest risk to the company is a government-driven collapse, but experts doubt the U.S. government can carry out its harshest threats, such as forcing BP to pay the salaries of workers laid off because of the federal moratorium on deepwater drilling. “I cannot imagine that the U.S. government has anything close to the authority to do that” says Jim Langdon, executive partner at the law firm of Akin Gump Strauss Hauer & Feld.

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“Lawyering up”

by Walter Olson on June 7, 2010

John Steele takes a look at this interestingly pejorative phrase, which President Obama used in criticizing BP over its spill response. [Legal Ethics Forum]

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