Overlawyered » Colorado http://overlawyered.com Chronicling the high cost of our legal system Tue, 14 Feb 2012 11:28:52 +0000 http://wordpress.org/?v=2.8.4 en hourly 1 January 9 roundup http://overlawyered.com/2012/01/january-9-roundup-2/ http://overlawyered.com/2012/01/january-9-roundup-2/#comments Mon, 09 Jan 2012 05:12:45 +0000 Walter Olson http://overlawyered.com/?p=26676
  • Illinois now requires showing of ID, signing of log to buy drain cleaner. So long as you’re not trying to vote! [Consumerist via @amyalkon]
  • Tribute to no-longer-anonymous Ken White of Popehat and his work defending bloggers from legal threats [Scott Greenfield; earlier; Ken's defense in Maryland of blogger Aaron Worthing; new case of science blogger in Texas]
  • Politicos mobilize against risk that Wal-Mart will bring fresh produce choices to Harlem [Greg Beato] India frets about whether to allow chain stores, recapitulating a debate U.S. once went through [Tabarrok, MR]
  • Colorado legislators honored at a luncheon where I spoke [CCJL]
  • HHS launches initiative to audit health providers for compliance with HIPAA data privacy law, and many are unprepared [American Medical News, Dana Thrasher, Dom Nicastro/HealthLeaders Media]
  • New scholarship on effects of Twombly/Iqbal [Drug and Device Law series first, second, third, CL&P]
  • Congratulations to the outstanding Abnormal Use for winning the ABA’s “Blawg 100” vote for best torts blog; we feel pretty good about placing third without mounting a campaign. While exploring that site, don’t miss its stellar coverage of the tendentious documentary “Hot Coffee”.
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    ]]>     http://overlawyered.com/2012/01/january-9-roundup-2/feed/ 1     Number of blocks, doll ethnicity, pleasantness of greetings… http://overlawyered.com/2011/07/number-of-blocks-doll-ethnicity-pleasantness-of-greetings/ http://overlawyered.com/2011/07/number-of-blocks-doll-ethnicity-pleasantness-of-greetings/#comments Thu, 21 Jul 2011 15:05:17 +0000 Walter Olson http://overlawyered.com/?p=23972 Colorado really intends to regulate day-care centers to a fare-thee-well [Popehat, KKCO]

    P.S. As Hans Bader rightly points out, the requirement that day cares publicly avow enthusiasm about diversity also gets into some troubling First Amendment territory of government-compelled speech.

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    ]]>     http://overlawyered.com/2011/07/number-of-blocks-doll-ethnicity-pleasantness-of-greetings/feed/ 8     “Plaintiff seeks phantom damages 6 times greater than actual costs” http://overlawyered.com/2011/04/plaintiff-seeks-phantom-damages-6-times-greater-than-actual-costs/ http://overlawyered.com/2011/04/plaintiff-seeks-phantom-damages-6-times-greater-than-actual-costs/#comments Sat, 30 Apr 2011 05:11:08 +0000 Walter Olson http://overlawyered.com/?p=22781 According to the Colorado Civil Justice League, the decision by the state’s high court last fall in Volunteers of America v. Gardenswartz prohibits juries from learning the amounts actually paid, as opposed to “billed,” for medical services whose reimbursement is demanded in accident cases. The distinction is important because those who cover medical bills in practice (e.g., health insurers with their bulk buying clout) often pay much lower sums than the “rack rates” that hospitals and others officially charge (more on HB 1106, which would restore the evidence of paid as well as billed amounts).

    P.S. As Jack Leyhane notes, the Colorado controversy is related to, though not identical with, the longstanding controversy over the “collateral source” rule, which provides that payments by third parties to a plaintiff over an injury will not reduce or offset the liability of a tortfeasor. “It is the lien or subrogation rights of third parties — [which] vary widely from state to state — that make sweeping generalities about the collateral source rule difficult to formulate.”

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    ]]>     http://overlawyered.com/2011/04/plaintiff-seeks-phantom-damages-6-times-greater-than-actual-costs/feed/ 9     March 24 roundup http://overlawyered.com/2011/03/march-24-roundup-3/ http://overlawyered.com/2011/03/march-24-roundup-3/#comments Thu, 24 Mar 2011 13:53:43 +0000 Walter Olson http://overlawyered.com/?p=22219
  • “Woman suing Carnival: Ship sailed too fast, made me sick” [Gene Sloan, USA Today "Cruise Log"]
  • U.S. Department of Justice sues Illinois school district for denying Muslim teacher’s request for three-week Mecca-trip leave [WaPo]
  • “California Assembly Says Complying with Government Standards Not Enough to Avoid Punitive Damages” [Cal Civil Justice]
  • “Four Loko Suit Is an Example of Bogus Economic Loss Classes” [Russell Jackson]
  • New Benjamin Barton book on lawyer-judge bias reviewed by Larry Ribstein [TotM, earlier]
  • “Prolific Colorado Consumer Attorney Filed 2/3rds of State’s FDCPA Cases Since 2007″ [ABA Journal]
  • Different kind of false marking case? Judge says company knowingly claimed inapplicable patent [WSJ Law Blog]
  • “Extra-special education at public expense” [five years ago on Overlawyered]
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    ]]>     http://overlawyered.com/2011/03/march-24-roundup-3/feed/ 4     Schools for Misrule spring speaking tour http://overlawyered.com/2011/02/schools-for-misrule-spring-speaking-tour/ http://overlawyered.com/2011/02/schools-for-misrule-spring-speaking-tour/#comments Thu, 17 Feb 2011 17:27:17 +0000 Walter Olson http://overlawyered.com/?p=21548 [cross-posted from Cato at Liberty]

    The first copies of my new book Schools for Misrule: Legal Academia and an Overlawyered America are here from the printer, and I’ll be touring the country to promote it in coming weeks. Some highlights:

    • February 21. Bloomington, Ind. Indiana University Law School, sponsored by Federalist Society chapter.
    • February 22. Urbana-Champaign, Ill. University of Illinois School of Law, sponsored by Federalist Society chapter. Commenting will be Prof. Larry Ribstein.
    • March 3. Washington, D.C. Cato Institute Policy Forum. Commenting on the book will be the Hon. Douglas Ginsburg, U.S. Court of Appeals, and moderating will be Cato legal director Roger Pilon.
    • March 10. University of Minnesota, sponsored by Federalist Society chapter. Commenting will be Profs. Brad Clary and Oren Gross, and moderating will be Prof. Dale Carpenter.
    • March 16. New York, N.Y. Manhattan Institute luncheon (invitation). Commenting will be James Copland, Manhattan Institute.
    • March 22. Washington, D.C. Heritage Foundation forum. Commenting/moderating: Todd Gaziano, Heritage Foundation.
    • March 28. Boulder, Colo. University of Colorado School of Law, sponsored by Federalist Society chapter.
    • March 29. Laramie, Wyo. University of Wyoming School of Law, sponsored by Federalist Society chapter.
    • March 30. Sacramento, Calif. McGeorge School of Law, sponsored by Federalist Society chapter.
    • April 6. New York, N.Y. Manhattan Institute Young Leaders evening event (private).
    • April 7. Washington, D.C. American University Law School, sponsored by Federalist Society chapter.
    • April 13. Washington, D.C. Book club appearance (private).
    • April 27-29. Dallas, Tex. Heritage Foundation Resource Bank meeting (private).

    Always check in advance with the hosting group for venues and exact times; some events open to the public require advance registration. The book’s official publication date is March 1, and copies should be arriving in the bookstores soon.

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    ]]>     http://overlawyered.com/2011/02/schools-for-misrule-spring-speaking-tour/feed/ 2     The trouble with tenure, cont’d http://overlawyered.com/2011/01/the-trouble-with-tenure-contd/ http://overlawyered.com/2011/01/the-trouble-with-tenure-contd/#comments Fri, 28 Jan 2011 19:47:47 +0000 Walter Olson http://overlawyered.com/?p=21223 A Colorado cop gets reinstated with back pay after what his police chief considered an “egregious” incident of excessive force. And once again — I argue in my new post at Cato — we are given reason to rethink the strange phenomenon of public employee tenure.

    P.S. Scott Greenfield has more on job security for errant police officers.

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    ]]>     http://overlawyered.com/2011/01/the-trouble-with-tenure-contd/feed/ 1     “‘New-Car Fumes’ May Have Contributed to Hit-and-Run, Expert Says” http://overlawyered.com/2010/12/new-car-fumes-may-have-contributed-to-hit-and-run-expert-says/ http://overlawyered.com/2010/12/new-car-fumes-may-have-contributed-to-hit-and-run-expert-says/#comments Fri, 17 Dec 2010 16:02:01 +0000 Walter Olson http://overlawyered.com/?p=20675 Kevin at Lowering the Bar spots a promising new theory in a defense expert’s testimony, though it’s not clear the lawyers actually wound up making use of it. [Vail Daily, same at Denver Post]

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    ]]>     http://overlawyered.com/2010/12/new-car-fumes-may-have-contributed-to-hit-and-run-expert-says/feed/ 3     November 23 roundup http://overlawyered.com/2010/11/november-23-roundup-3/ http://overlawyered.com/2010/11/november-23-roundup-3/#comments Tue, 23 Nov 2010 13:18:10 +0000 Walter Olson http://overlawyered.com/?p=20256
  • Growth of regulatory state makes lobbying more attractive path than innovation [Morris Panner, WaPo]
  • Long-awaited Norma Zager book flays Erin Brockovich role in Beverly Hills High School controversy [CJAC]
  • Colorado high court: no need to limit medical fee awards to sums plaintiffs actually paid [CCJL, Law Week Colorado]
  • Please, law firm marketers, don’t assume we’re in need of your services [Popehat]
  • Updates on prosecutorial silencing of pain treatment activist Siobhan Reynolds [Sullum, more, yet more, Balko]
  • Comments of NTSB official notwithstanding, riding motorcycle without helmet is no “public health issue” [Boaz, Cato] Watch out for more paternalism premised on government health care expenditures [Coyote]
  • No contracting out? Can California really be this screwed up? [Coyote]
  • Claim: railroad should have warned against walking on the right-of-way [six years ago on Overlawyered]
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    ]]>     http://overlawyered.com/2010/11/november-23-roundup-3/feed/ 0     March 2 roundup http://overlawyered.com/2010/03/march-2-roundup/ http://overlawyered.com/2010/03/march-2-roundup/#comments Tue, 02 Mar 2010 16:12:51 +0000 Walter Olson http://overlawyered.com/?p=16310
  • “Trial Lawyers vs. Toyota” [Holman Jenkins, Jr./WSJ] Rep. Towns’s hearing didn’t even pretend to be other than showcase for trial bar [Wood, PoL; Henry Payne coverage in National Review here, here, here, and here] And make way for the inevitable investor suits [Daily Breeze]
  • “Obama open to curbing medical malpractice suits” [AP/WaPo] Related: The Hill; advice from Newsweek’s Evan Thomas [Jim Pinkerton]
  • Why doesn’t the Securities and Exchange Commission hire finance people? “They’re overlawyered. They’re poisoned by lawyers.” [Harry Markopolos interviewed by Deborah Solomon, N.Y. Times]
  • “Plaintiffs Lawyer’s ‘Reptile’ Strategy Bites Back” [Fulton County Daily Report] Plus: Max Kennerly wonders why it was admitted into evidence;
  • “Facebook plus divorce equals flammable situation” [Tampa Bay Online]
  • Officials get wined, dined and more: “Paying public pensions to sue” [Forbes]
  • Parents sue many defendants in Colorado ice cream shop crash [Denver Post]
  • Called for jury duty yesterday, and Tweeting the results: arts critic/biographer Terry Teachout and conservative writer Michelle Malkin.
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    ]]>     http://overlawyered.com/2010/03/march-2-roundup/feed/ 0     February 15 roundup http://overlawyered.com/2010/02/february-15-roundup-2/ http://overlawyered.com/2010/02/february-15-roundup-2/#comments Mon, 15 Feb 2010 05:10:48 +0000 Walter Olson http://overlawyered.com/?p=16091
  • “U.S. Still Won’t Join International Criminal Court” [Julian Ku, Opinio Juris via Adler] International jurisdiction is a bit of a crime in itself [Stuttaford, NRO "Corner"]
  • “Tourette’s Sufferer Sues Starbucks for Discrimination” [Seattle Weekly]
  • Colorado: “Science Fair Bans Most Science” [Free-Range Kids]
  • For best results in lawsuit against “Girls Gone Wild” producer, it helps not to have made X-rated films [OnPoint News]
  • New Mexico revolt against Feds’ takeover of community bank [Bank Lawyer's Blog, more]
  • Citizen’s United decision continued: “Yes, money is speech” [Rick Esenberg, Point of Law] “When Individuals Form Corporations, They Don’t Lose Their Rights” [Ilya Shapiro, Cato at Liberty]
  • Thomas Lenard and Paul Rubin, “In Defense of Data: Information and the Costs of Privacy” [SSRN last year]
  • Sex-harassment charge against six-year-old boy will cost Brockton, Mass. taxpayers $180,000 [Brockton Enterprise]
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