- Supreme Court limits scope of “honest services fraud” law [Mauro/NLJ, Ilya Shapiro and Tim Lynch, Cato, Bainbridge and more]
- No, defensive medicine isn’t a myth, ask your emergency room doc [AP/Columbus Dispatch] Eagerness to share horror stories [Sharon Begley, Newsweek] “Unusual for a Democrat, Obama readily acknowledges that defensive medicine is a problem.” [AP/WaPo] “VBAC rates are low, but are obstetricians to blame?” [Lin and Tuteur at KevinMD, Replogle/Fair Warning]
- Social life of a blawger, cont’d: I sat at David Lat’s table at CEI’s evening with Judge Kozinski [Above the Law] Judge Learned Hand, writing in an antitrust case, “was very knowledgeable about everything except how the world works.” [among the many funny things Judge K. said]
- For those keeping count, at least seven Roman Catholic dioceses in this country have filed for bankruptcy in abuse scandal [Hartley]
- Business Roundtable enumerates rapidly expanding roster of federal regulatory burdens [Ted at PoL, Amend the CPSIA, Tad DeHaven and Daniel Mitchell, Cato]
- Colleges fiddle numbers to comply with Title IX, but don’t you dare call it a quota law [LegalBlogWatch, Greenfield] New report on law’s ill effects on soccer [College Sports Council, Charlotte Allen/MtC] More: Allison Kasic, IWF. And back when, I wrote on Princeton wrestling and Title IX; CSC tells how that turned out.
- Former student of Prof. Robin West defends homeschooling [Sub Specie]
- Not too long ago: “My environmental advocacy organization would only fill the company cars at BP” [Stoll]
Tagged as:
Alex Kozinski,
BP Transocean oil spill,
Catholic Church,
defensive medicine,
fraud,
obstetrics,
Title IX
- “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]
Tagged as:
BP Transocean oil spill,
class action settlements,
Dickie Scruggs,
Elena Kagan,
France,
newspapers,
NYC,
P.L. Blake,
patent marking,
salt,
Supreme Court
- 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]
Tagged as:
BP Transocean oil spill,
Canada,
Federal Trade Commission,
federalism,
Google,
juries,
Louisiana,
oil industry,
Pennsylvania,
pharmaceuticals,
privacy,
Richard Blumenthal
- 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]
Tagged as:
BP Transocean oil spill,
class action settlements,
judicial nominations,
pleading,
Rhode Island,
Richard Epstein,
safety
“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.”
Tagged as:
BP Transocean oil spill,
newspapers,
securities litigation
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.
Tagged as:
BP Transocean oil spill