- Although I’m known as a foe of everything John Edwards stands for, I hope he beats this campaign finance rap [Atlantic Wire]
- Michael Bloomberg launches demagogic new campaign against Stand Your Ground laws, calling to mind the recent critique of the NYC mayor’s paternalist dark side by Conor Friedersdorf in the Atlantic;
- Jerry Brown frees grandmother dubiously jailed in shaken-baby death [Slate, earlier]
- As Scruggs (Dickey not Earl) still pursues vindication, Alan Lange looks back on Mississippi scandals [YallPolitics]
- Deservedly favorable profile of Fifth Circuit judge Jerry Smith [NOLA]
- In which I tell off Bill Donohue’s Catholic League for its double insult last week to gays and to adoptive parents [IGF]
- “The Ninth Circuit was, believe it or not, correct” [Ilya Shapiro and Trevor Burrus, Cato, on administrative law case arising from NLRB rules change on drug rep overtime]
Tagged as:
adoption,
campaign regulation,
Dickie Scruggs,
Fifth Circuit,
Jerry Brown,
John Edwards,
Michael Bloomberg,
Ninth Circuit,
self-defense,
wrong right
- Ninth Circuit: Holland America cruise line not responsible for customer’s swimming mishap at Mexican beach [Metropolitan News-Enterprise]
- “President Perry would mean high noon for trial lawyers” [Kurt Schlichter, Washington Examiner; Politico; Prof. Bainbridge ("If the trial lawyers hate Rick Perry, maybe I should reconsider him")] Christie praises Perry’s “laudable” record on liability reform [PolitickerNJ] “Perry’s ‘loser pays’ is an economic winner” [Patrick Gleason and Jason Russell, Washington Times; Mass Tort Prof; background] Missing the point on the Texas med-mal experience [Coyote, earlier here, here, etc.] A bad sign: Gov. Perry reaches out to Maricopa County sheriff Joe Arpaio [NRO, background] Another: courting social conservative vote, he pledges interference in state marriage law Houston Chronicle.
- Alan Lange and Tom Dawson discuss their Dickie Scruggs book [Above the Law, background]
- Hospital pays $25M to settle lawsuit charging lack of Katrina preparedness [White Coat]
- Democratic majority on CPSC plans to ram through burdensome CPSIA testing and certification rule next month [Commissioner Nancy Nord, more]
- For matching willing buyers with sellers through Canadian pharmacy ads, Google agrees to pay fine of $500 million, a forfeiture geared to the revenue the pharmacies (not it) took in from the ads [Atlantic Wire, Chris Fountain]
- “Woman Won’t Have to Pay for Her Own Cavity Search” [Lowering the Bar]
Tagged as:
advertising,
CPSC,
CPSIA,
cruise ships,
Dickie Scruggs,
forfeiture,
Google,
hospitals,
Katrina,
Rick Perry,
same-sex marriage,
Texas
- Jury rejects Jamie Leigh Jones rape claim against Halliburton/KBR. Next, a round of apologies from naive commentators and some who used the case to advance anti-arbitration talking points? [WSJ; Ted Frank/PoL and more; WSJ Law Blog (plaintiff's lawyers sought shoot-the-moon damages)]
- Time magazine vs. James Madison on constitutional law (spoiler: Madison wins) [Foster Friess via Ira Stoll]
- Andrew Trask reviews new Curtis Wilkie book on the Dickie Scruggs scandal;
- “Right to family life” evolution in human rights law deters UK authorities from deporting various bad actors [Telegraph]
- Paging Benjamin Barton: How discovery rules enrich the legal profession at the expense of the social good [PoL]
- USDA heeds politics, not science, on genetic crops [Henry Miller/Gregory Conko, PDF, Cato Institute Regulation]
- “Legal Questions Raised by Success of Monkey Photographer” [Lowering the Bar]
Tagged as:
agriculture and farming,
arbitration,
constitutional law,
Dickie Scruggs,
discovery,
immigration law,
international human rights,
United Kingdom
- “Law Prof Threatens Suit over University’s Plan to Reinstitute Single-Sex Dorms” [ABA Journal, WSJ Law Blog; John Banzhaf vs. Catholic U. in Washington, D.C.]
- Mississippi: Dickie Scruggs files motion to vacate conviction in Scruggs II (DeLaughter case) [Freeland, YallPolitics] Before defending Paul Minor’s conduct in cash-for-judges scandal, review the evidence [Lange, YallPolitics and more]
- Woman who filmed cop from own yard charged with obstructing his administration of governmen [BoingBoing]
- East St. Louis, Ill. jury awards $95 million in sexual harassment, assault case against Aaron’s rental chain [ABA Journal]
- Connecticut unions demand investigation of conservative Yankee Institute think tank [Public Sector Inc.]
- “Court Upends $1.75M Award, Finding Plaintiff Lawyer’s Remarks Prejudicial” [NJLJ]
- Hold it! San Francisco debates bathroom rights for schoolkids [C.W. Nevius, SF Chronicle]
Tagged as:
colleges and universities,
Connecticut,
Dickie Scruggs,
Paul Minor,
San Francisco,
Washington D.C.
David Rossmiller, whose blog provided some of the most penetrating analysis of the Dickie Scruggs judicial corruption scandal of 2007-08, has now penned a review of one of the books to emerge from the scandal, “Kings of Tort” by Alan Lange and Tom Dawson. Rossmiller, an Oregon lawyer, also has some kind words for my book The Rule of Lawyers, published a few years earlier, which lays out the background for the scandal by showing how once-obscure plaintiff’s lawyers in states like Mississippi, working with courts known for “home cooking” and in alliance with local political figures, had begun redistributing billions of dollars in big-ticket litigation from tobacco and asbestos on down. [Mississippi College Law Review PDF via Insurance Coverage Blog; related here and here]
Tagged as:
Dickie Scruggs
- Judge bans $1.35 billion sugar beet crop for lack of environmental impact statement [NY Times]
- Brennan Center, Justice at Stake attracting attention with new report on money in state court judicial races [report in PDF, Kang/ConcurOp]
- Obama signs “libel tourism” bill into law [Levy, CL&P]
- “Zach Scruggs claims new evidence clears him” [Patsy Brumfield, NE Mississippi Daily Journal via YallPolitics]
- Second Circuit panel blasts 1980s abuse-accusation panic in ruling on Friedman case [opinion via NYT and Bernstein/Volokh]
- Famed Cincinnati lawyer Stanley Chesley may face disciplinary action before Kentucky bar over role in fen-phen scandal [Courier-Journal via Dan Fisher and PoL]
- Sexual harassment verdict against California casino “amounts to 2/3 of the company’s net worth” [Fox, Jottings]
- Every White House needs to hire some partisan brawlers. But with “ethics czar” duties? [Matt Welch, Reason]
Tagged as:
Barack Obama,
child abuse,
damages,
Dickie Scruggs,
environment,
ethics,
harassment law,
judicial elections,
Kentucky fen-phen settlement fraud,
libel slander and defamation,
Stan Chesley
During the long series of scandals that brought down former tort potentate Richard (“Dickie”) Scruggs, of tobacco-asbestos-Katrina-mass tort fame, no blogger achieved the status of “must” reading more consistently than David Rossmiller of Insurance Coverage Blog. Now Alan Lange of Mississippi site YallPolitics (and co-author of Kings of Tort, a book on the scandal) has posted a massive document dump of emails between the Scruggs camp and its public relations agency, as made public in later litigation (see also). It shows the principals:
* boasting of their success in manipulating major media outlets to inflict bad publicity on the targets of Scruggs’s suits;
* plotting ways of striking back against critics — in particular, Rossmiller — with tactics including going after him with legal process, as well as creating fake commenters and whole blogs to sow doubt about his reporting;
* wondering who they might pay to secure “Whistleblower of the Year” awards, or something similar, for their clients;
* apparently oblivious, just days before the fact, as to how the ceiling was going to cave in on them because of Judge Henry Lackey’s willingness to go to law enforcement to report a bribe attempt from the Scruggs camp.
The whole set of documents, along with Rossmiller’s summary and reaction, really must be seen to be believed. It will easily provide hours of eye-opening reading, both for those who followed the Scruggs affair in particular, and for everyone interested in how ambitious lawyers manipulate press coverage to their advantage — and how they can seek to use the law against their blogger critics. (& welcome readers from Forbes.com and Victoria Pynchon’s “On the Docket” column there).
Tagged as:
bloggers and the law,
Dickie Scruggs,
Katrina,
legal blogs,
State Farm,
whistleblowers
- “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
- German law firm demands that Wikipedia remove true information about now-paroled murderers [EFF] More: Eugene Volokh.
- “Class Actions: Some Plaintiffs’ Lawyers Fed Up, Too?” [California Civil Justice]
- Drop that Irish coffee and back away: “F.D.A. Says It May Ban Alcoholic Drinks With Caffeine” [NYT]
- Profile of L.A. tort lawyers Walter Lack and Thomas Girardi, now in hot water following Nicaraguan banana-pesticide scandal [The Recorder; my earlier outing on "Erin Brockovich" case]
- Federalist Society panel on federalism and preemption [BLT]
- Confidence in the courts? PriceWaterhouseCoopers would rather face Satyam securities fraud lawsuits in India than in U.S. [Hartley]
- Allegation: Scruggs continuing to wheel and deal behind bars [Freeland]
- Not much that will be new to longtime readers here: “Ten ridiculous lawsuits against Big Business” [Biz Insider] P.S.: Legal Blog Watch had more lists back in June.
Tagged as:
alcohol,
banana pesticide litigation fraud,
Dickie Scruggs,
Erin Brockovich,
FDA,
federalism,
Federalist Society,
Germany,
India,
preemption,
Thomas Girardi,
Wikipedia
- Judge cites Oregon elder abuse act in barring animal rights activists from harassing elderly furrier [Zick, Prawfsblawg]
- After fraud accusations against Fort Lauderdale lawyer Scott Rothstein, politicos race to return his many donations [NYT, AmLaw Daily,
DBR and more, Ashby Jones/WSJ Law Blog and more (Ponzi investments could exceed $1 billion, per FBI)]
- Ontario court ruling may invite U.S. class action lawyers to take on more projects in Canada [Kevin LaCroix]
- “Mississippi Cardiologist Won’t Go to Prison for Online Dating” [Balko, Freeland]
- Manuscript in the mail: “Kings of Tort”, Alan Lange/Tom Dawson book on Dickie Scruggs and Paul Minor scandals, which now has its own website and will go on sale Dec. 2;
- A “cultural institution destroyed” in Louisiana: more on proposed FDA ban on raw oysters [NYT, earlier]
- Update on Google Books settlement [Sag, ConcurOp]
- Mark Steyn on the Zack Christie case and other annals of knives-in-schools zero-tolerance [NRO, Steyn Online via Skenazy]
Tagged as:
Dickie Scruggs,
FDA,
Google,
Mark Steyn,
Paul Minor,
prosecution,
Scott Rothstein,
zero tolerance
- San Jose man says PlayStation online game network is public forum and sues Sony pro se for kicking him off it [Popehat] More: Ambrogi, Legal Blog Watch.
- “Teacher lets kids climb hill, cops come calling” [Santa Barbara, Calif.; Free Range Kids]
- Tip for journalists covering trials: stalk the rest rooms [Genova]
- Lake Erie villages turn off street lights in summer to avoid attracting mayflies, town now sued over driver-jogger collision [Columbus Dispatch]
- Some lawyers anticipate “astronomical” municipal liability from West Portal train collision in San Francisco [SF Weekly]
- Radical notion: before filing lawsuit charging consumer fraud, maybe plaintiff should notify merchant and ask to have problem fixed [New Jersey Lawsuit Reform Watch]
- No jurisdiction: Eleventh Circuit overturns contempt finding against Scruggs in Rigsby case [Freeland]
- Successful trial lawyer campaign against arbitration is throwing credit card business into turmoil [ABA Journal, Wood @ Point of Law, Ambrogi/Legal Blog Watch (conflict of interests at one large arbitration supplier)]
Tagged as:
arbitration,
child protection,
Dickie Scruggs,
New Jersey,
roads and streets,
San Francisco,
train,
videogames