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Canada

More coverage for the Frank Buckley-edited new book on overlegalization, The American Disease [Richard Reinsch/Library of Law and Liberty, Alejandro Chafuen/Forbes] Here’s Buckley in the National Post:

If litigation rates are four times smaller in Canada than the United States, this should not occasion surprise: Subsidize something and you get more of it; penalize it and you get less of it.

Differences in legal ethics matter, too. In America, more than elsewhere, lawyers are encouraged to advance their client’s interests without regard to the interests of justice in the particular case or broader social concerns. American lawyers’ professional culture is unique in permitting and implicitly encouraging them to assert novel theories of recovery, coach witnesses, and wear down their opponents through burdensome pretrial discovery.

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The province has informed teenage entrepreneur Xavier Menard that his business name is too English to be legal under its obligatory-French-language law. The name in question: “WellArc.” [Huffington Post Canada]

Medical roundup

by Walter Olson on July 25, 2013

  • Crisis of sterile injectables rages on, among victims are premature infants who need parenteral nutrition [Washingtonian ("Even if the FDA’s doing something terrible, we can’t criticize them. They regulate us.") via Tabarrok, earlier here, here, here, etc.]
  • “Tweets not medical advice” [@Caduceusblogger via @jackshafer]
  • “Why Your Dog Can Get Vaccinated Against Lyme Disease And You Can’t” [Curt Nickisch, WBUR]
  • Cites distinctive Connecticut law: “Hospital Successfully Sues its Patient’s Attorneys for Filing a Vexatious Malpractice Suit” [Alex Stein, Bill of Health]
  • Should adversarial medical examinations be videotaped? [Turkewitz]
  • “Lawyers Have Learned To Distort Pharmacovigilance Signals” [Oliver on FDA Adverse Event Reporting System (FAERS), earlier]
  • Causation from nasal decongestant at issue: “Judge orders UW to pay $15M to Snoqualmie family” [KING5]
  • “The ban on compensated transplant organ donation has led to hundreds of thousands of excess deaths. A ban on compensated sperm and egg donation would lead to a dearth of lives.” [Alex Tabarrok, related on Canada]

Cy pres, public-sector style? “A veteran Manitoba Crown attorney has been fired after he dropped charges against a Winnipeg company involved in a workplace accident — only to have the company make a substantial financial donation to a charity he oversees.” The prosecutor has defended his actions on the grounds that he did not direct the donation and that “the company made its own decision to choose the charity he was connected to”; he is not alleged to have benefited from the charity. [Winnipeg Free Press]

“A pot-smoking city [of Ottawa] worker couldn’t convince a court that his reefer madness was a disability. …[Claude] Lavoie tried to claim his penchant for pot qualified as a disability, which would have obliged the city to accommodate him under provisions of the Ontario Human Rights Code.” [Ottawa Sun]

June 15 roundup

by Walter Olson on June 15, 2013

  • “The NYT revisits the Tawana Brawley rape hoax scandal — and Al Sharpton’s role.” [Ann Althouse]
  • Is there any hope of reforming or repealing FATCA, the crazy overseas banking regulation? [Frederic Alain Behrens, SSRN via TaxProf, earlier here, etc.]
  • Urbanophile is no fan of Toronto mayor Rob Ford, but also no fan of the campaign to drive him from office [Aaron Renn]
  • Landlords face legal risk taking on ex-offenders — so where are they supposed to live? [Volokh]
  • When does a strong central state advance individual liberty? Arnold Kling reviews Mark Weiner’s The Rule of the Clan [EconLib]
  • Unenforceability of contract holds back Indian tribes’ prosperity [Terry Anderson]
  • “Oklahoma High Court Nullifies State Tort Reform Law” [WLF, TortsProf, Tulsa World, Reuters, NewsOK, Beck ("the Oklahoma Supreme Court was plainly out of control in Ysbrand, and unfortunately it remains out of control to this day"), Douglas v. Cox]

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May 31 roundup

by Walter Olson on May 31, 2013

  • The American Illness: Essays on the Rule of Law, new book from Yale University Press edited by Frank Buckley, looks quite promising [Bainbridge]
  • So the New York Times gets spoon-fed “confidential” (and disappointingly tame) documents from the old Brady Campaign lawsuits against gunmakers, and then nothing happens;
  • IRS commissioner visited White House 118 times in 2010-11. Previous one visited once in four years. Hmmm… [John Steele Gordon, more] (But see reporting by Garance Franke-Ruta and commentary by Yuval Levin.) Did politics play role in 2011 Gibson Guitar raid? [IBD]
  • Supreme Court of Canada: “Judges may ‘cut and paste’ when writing their judgments” [Globe and Mail]
  • Lack of proper land title and registration holds Greece back [Alex Tabarrok]
  • I try not to clutter this blog with links to memoir-ish personal pieces of mine, but if you’re interested in adoption, or in how America manages to be at once the most conservative and the most socially innovative of great nations, go ahead and give this one a try [HuffPost]
  • Big Lodging and hotel unions don’t like competition: New York City’s war against AirBnB and Roomorama [John Stossel, Andrew Sullivan]

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Sent to Gawker by a lawyer who represents controversial Toronto mayor Rob Ford, it affords Ken at Popehat much delight: “First, nobody ever governed themselves accordingly based on a threat from a hotmail account.”

Justin Caldwell Somers, in jail for not paying a jaywalking fine, brutally murdered his sleeping cellmate by stomping him to death on the cement floor, but was found not criminally responsible because he had been acting under the influence of delusions and hallucinations. Now he is suing various personnel of the remand center for not preventing the incident, in part by not heeding the recommendation of a nurse and psychiatrist that he be housed alone: since the murder Somers “has experienced severe mental anguish and mental distress as a result of his role in causing the death of Mr. Stewart, as well as a result of the conditions of his incarceration.” [Edmonton Journal]

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“Canada Post — a failing, state-owned Crown Corporation — not only claims a copyright on the database of postal codes (a collection of facts, and not the sort of thing that usually attracts copyright). They also claim a trademark on the words ‘postal code,’ and have sent legal threats to websites that use the words factually, to describe actual postal codes.” (U.S. = zipcodes) [Cory Doctorow, BoingBoing; Eruci]

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“They will spend 10 years and all their money on litigation because of their inability to agree on anything,” a therapist predicted accurately. Yet more unsettling: the mom leveled false abuse accusations at the dad before eventually recanting. [Winnipeg Free Press]

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Humorous warning on a Canadian coffee cup: my new post at Cato at Liberty (with picture).

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  • 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]

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“Earls Restaurants will take beer sold under the 25-year-old brand off the menu after a Vancouver woman with albinism filed a BC Human Rights Tribunal complaint against the chain in 2012. The same craft beer will still be sold, but just as ‘Rhino.’” [Emily Jackson, MetroNews, Canada; earlier]

P.S. Frances Zacher at Abnormal Use on other beer-naming controversies.

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Maybe it’s not just as simple as passing a new law. [Daniel Fisher, Forbes]

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January 16 roundup

by Walter Olson on January 16, 2013

  • Woman embroiled in neighbor dispute claims disability bias based on depression, but now faces $107,000 award of legal fees [Buffalo News]
  • B.C., Canada: “Law Firm Unsuccessfully Seeks Fees From Their Own Insurer’s Negligence Payout” [Erik Magraken]
  • “Worst case a client has ever asked you to take” meme reaches ABA Journal [earlier]
  • Hans Bader on re-election of “legally insane” Chicago judge [CEI "Open Market", earlier]
  • Far-fetched theories of constitutional tax immunity claim more victims, this time in Canada [National Post]
  • Law geek alert: Prof. Green will be blogging key federal courts decision Erie RR v. Tompkins (1938) daily through the month [Prawfs]
  • Appreciations of the late political economist James Buchanan [David Boaz, Alex Tabarrok, Tyler Cowen and more, Arnold Kling, Radley Balko]

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November 26 roundup

by Walter Olson on November 26, 2012

  • Car dealers sue Tesla for selling direct to customers [NPR via @petewarden]
  • Had the measure been “fatalities per 100,000 miles driven above urban speeds” this story might have been a good bit less “amazing” [Fair Warning]
  • No GOPers want to take away anyone’s contraception? Maybe Sen.-elect Cruz means no elected GOP officials [my new Secular Right post]
  • Trial lawyers, FDA, New York Times continue hot on trail of caffeinated energy drinks [Jacob Sullum, Abnormal Use, earlier]
  • Lawsuit aims to strike down SEC’s resource extraction disclosure rules [Prof. Bainbridge]
  • Quebec language muscle: “After series of fire-bombings, Second Cup coffee shops added the words ‘les cafes’ to signs” [Canadian Press]
  • The CPSIA effect, cont’d: more makers of kids’ apparel drop out rather than cope with CPSC rules [Nancy Nord] More: Katherine Mangu-Ward, Reason.

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In Clyde Hill, Wash., a retired Seattle Mariners baseball player has won a ruling from the town that his neighbors must remove two trees that block what would otherwise be an “amazing view of Seattle’s skyline” from his property. “An appraiser hired by John and Kelly Olerud said their $4 million home would be worth $255,000 more if the rare Chinese pine and the Colorado spruce across the street were cut down and replaced with smaller plants. The Chinese pine’s value is estimated at more than $18,000.” [Seattle Times, Ilya Somin] In other tree removal news, an Ontario mother “is fighting to have oak trees removed near her child’s school, fearing that acorns could pose a deadly threat to students with severe allergies.” Local officials say it is unlikely the acorns would prove allergenic to a child unless eaten, which rarely happens given their extreme bitterness. The mother also says acorns “can also be used to bully and torment children.” [Toronto Star via Lenore Skenazy]

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