Overlawyered » debtor-creditor law

May 15 roundup

Walter Olson — Tue, 15 May 2012 04:03:38 +0000

“Fan sues Insane Clown Posse after injury at Illinois concert” [St. Louis Post-Dispatch] “As Insanity is not a defense to the claim, the Clowns are now adding litigation counsel to their Posse.” [@colinsamuels]
Suit on behalf of school-cheat son “wouldn’t have been much of a story” if dad had left argument to hired gun [Mark Bennett, earlier]
If you can’t buy a Coke with your debit card any more, this may be why [Katherine Mangu-Ward, Reason] Related: “a ‘do-nothing Congress’ is sort of like a ‘do-nothing arsonist.’” [IowaHawk]

L.A. judge reverses much-publicized Honda small claims award [CBS Local, earlier]
Harris County judge deems pig “common, traditional” pet in homeowner association suit [Houston Chronicle]
Plaintiffs, not just defendants, can use Daubert to exclude opponents’ scientific theories that fall short of general acceptance by the relevant scientific community. Why is this news when it was clearly part of the intended and expected effect of Daubert from day one? [guestposter Mark Bower at Turkewitz]
“The unfair attack on ALEC” [Ted Frank and Jim Copland at PoL] More: Wendy Gramm and Brooke Rollins, WSJ.

Tags: animals, Daubert, debtor-creditor law, music and musicians

May 15 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Consumer finance arbitration

Walter Olson — Thu, 10 May 2012 18:20:54 +0000

Many trial lawyers yearn to get rid of arbitration clauses in credit card and other consumer finance contracts, which (among their other effects) block them from rolling many small claims into large class actions. Will the new Consumer Protection Finance Bureau (CPFB) go along with their wishes? [Daniel Fisher, Forbes] Related: Alison Frankel, Reuters.

Tags: arbitration, debtor-creditor law

Consumer finance arbitration is a post from Overlawyered - Chronicling the high cost of our legal system

January 21 roundup

Walter Olson — Sat, 21 Jan 2012 14:52:42 +0000

Because judges should decide cases the way clamoring crowds want them to: “Occupy the Courts” [Althouse, Somin, earlier] Pittsburgh lawprof: bank’s office park has become public forum and is ours to seize [Daily Caller]
Some reactions to Megaupload indictment [Julian Sanchez, Ken at Popehat]
Kozinski, others trade quips at oral argument in Disneyland Segway ADA case [Courthouse News via Disabilities Law, earlier] “Ouch! Judge Posner eviscerates both a damages expert and the trial judge who let him testify against FedEx” [Technology Law Notes]
Victim of NYC gun laws: “Free Meredith Graves” [NRO] “NYC Business Bled To Death Over Toy Guns” [Moonbattery]
“Old Enough to Fight, Old Enough to Swipe: A Critique of the Infancy Rule in the Federal Credit Card Act” [Andrew Schwartz (Colorado), SSRN, via Ted Frank]
Federal drug cops unapologetic about role in Adderall shortage [Rob Port] A failure of central planning [Reuters, Jacob Sullum and more ("Does the DEA know what 'quota' means?")] Some trial lawyers pushing to ban the drug [via Ted Frank].
Go, my child, and steal no more: TSA agents who pilfered $40K from luggage get six months [AP via Balko]

Tags: Alex Kozinski, crime and punishment, debtor-creditor law, Disney, guns, NYC, pharmaceuticals, Pittsburgh, Richard Posner

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

December 30 roundup

Walter Olson — Fri, 30 Dec 2011 05:03:05 +0000

“Copyright troll Righthaven in its death throes, domain going up for auction” [Cory Doctorow, BoingBoing]
Controversy over litigation finance continues [WaPo, NYPost]
Presumably unrelated to above: “Unpaid Bills Land Some Debtors Behind Bars” [NPR]
“Rent Control Violates Property Rights and Due Process” [Ilya Shapiro and Trevor Burrus, Cato, on Harmon v. Kimmel cert petition]
Child abuse horrors result in dubious policy proposals including moves to abolish statutes of limitation, cast wider mandatory-reporting net [Howard Wasserman/PrawfsBlawg, Kyle Graham/Concurring Opinions]
Schwab IRA class action settlement: lawyers get $500K while benefit to class is unclear [Lawrence Schonbron, Washington Times]
“State Court Challenges to Legislatively Enacted Tort Reforms” [Andrew Cook and Emily Kelchen, Federalist Society "State Court Docket Watch"]

Tags: child abuse, class action settlements, debtor-creditor law, litigation finance, RightHaven, statutes of limitations

December 30 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

December 20 roundup

Walter Olson — Tue, 20 Dec 2011 12:09:35 +0000

No regulatory surge under Obama? Check the numbers please [WSJ edit, James Gattuso/Heritage] Now online: Federalist Society convention panels on regulation [Cass et al, Epstein et al] “House passes REINS Act, president promises veto” [Adler, Mike Kelsey/Heritage] Regulation Moratorium and Jobs Preservation Act “dying in Senate committee” [PoL]
Study: NY municipalities battered by litigation [Sydney Cresswell & Michael Landon-Murray, Rockefeller/Albany, PDF]
Dodd-Frank and corporate credit [David Henderson]
Inside the great Las Vegas condo-board-takeover scam [Bloomberg, earlier]
“Copyright Law and European Compilations of U.S. Jazz Recordings” [Kerr, Volokh]
Autism-care cheat: “Former MoFo Partner Draws 12-Month Sentence in Fraud Case” [Recorder]
Would privacy torts do better? Jim Harper on the Fair Credit Reporting Act [Cato Institute, PDF]

Tags: autism, debtor-creditor law, music and musicians, New York, privacy, regulation and its reform

December 20 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

“Schumer’s layaway scam”

Walter Olson — Tue, 15 Nov 2011 03:44:03 +0000

Charles Schumer, senior senator from New York, really does not seem to trust consumers to decide on their own arrangements, notes Steve Chapman.

P.S. Nor it seems is military spouse Holly Petraeus [Ira Stoll]

Tags: debtor-creditor law

“Schumer’s layaway scam” is a post from Overlawyered - Chronicling the high cost of our legal system

March 24 roundup

Walter Olson — Thu, 24 Mar 2011 13:53:43 +0000

“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]

Tags: California, class actions, Colorado, cruise ships, debtor-creditor law, patent marking, punitive damages, religious discrimination

March 24 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

March 14 roundup

Walter Olson — Mon, 14 Mar 2011 05:28:17 +0000

A San Francisco cosmetic surgeon sues her online critics — in Virginia? [Paul Alan Levy, CL&P]
SCOTUS ruling in “cat’s-paw” case could gut summary judgment in many bias suits [Hyman]
Cuomo spokesman’s smart retort to Litigation Lobby attack on Medicaid reform panel [LoHud.com]
“Tennessee Cops Posed as a Defense Attorney To Get Suspect To Incriminate Himself” [Reason]
“Illinois golfer not liable for head shot” [Lowering the Bar]
Trade friction mounts due to anti-India provisions in Zadroga (9/11 recovery workers) compensation bill [PoL]
Is a tax-funded federal nonprofit entity funneling money to environmental suits against the government? [Ron Arnold, Examiner]
FCRA class action deemed “lawsuit abuse problem in a nutshell” [Examiner editorial]
“Fatherhood by Conscription: Nonconsensual Insemination & the Duty of Child Support” [Michael Higdon, SSRN via Instapundit]

Tags: Andrew Cuomo, Center for Justice & Democracy, debtor-creditor law, discrimination law, environment, family law, golf, India, libel slander and defamation, police, September 11

March 14 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Sallie Mae robocall settlement

Walter Olson — Fri, 11 Feb 2011 06:05:50 +0000

It includes a provision in which the class lawyers agree not to disparage the student lender. John Frith of the Civil Justice Association of California says that in exchange for the chance to split $4.875 million in fees, he’d probably agree to keep quiet too.

Tags: class action settlements, debtor-creditor law

Sallie Mae robocall settlement is a post from Overlawyered - Chronicling the high cost of our legal system

January 4 roundup

Walter Olson — Tue, 04 Jan 2011 05:08:38 +0000

Report: dead woman’s name robo-signed onto thousands of collection documents [Business Insider] Or was it? [comment, Fredrickson/Collections and Credit Risk (alleging that living daughter shares name of deceased mother)] “Are faked attorney signatures the ‘next huge issue’ in the foreclosure scandal?” [Renee Knake, Legal Ethics Forum]
“Major Verdict Threatens to Bankrupt Maker of Exercise Equipment” [Laura Simons, Abnormal Use]
Decline in competitiveness of U.S. capital markets owes much to legal and regulatory developments [Bainbridge, related]
Deadly Choices, The Panic Virus: Dr. Paul Offit and Seth Mnookin have new books out on vaccine controversy [Orac]
“No one’s trying to get rich off this,” says lawyer planning suit on behalf of A train subway riders stranded during NYC blizzard [NY Daily News]
Washington Attorney General Rob McKenna continues to seek solutions to state’s uniquely exposed litigation position, including fix of joint and several liability [Seattle Times, background here and here]
ABA Blawg 100 picks — and a critique;
Alabama bar orders lawyer’s law license suspended, but in the mean time he’s been elected judge [four years ago on Overlawyered]

Tags: debtor-creditor law, legal blogs, mortgages, not about the money, NYC, product liability, recreation, sovereign immunity, transit, vaccines, Washington state

January 4 roundup is a post from Overlawyered - Chronicling the high cost of our legal system