Overlawyered » forum shopping http://overlawyered.com Chronicling the high cost of our legal system Tue, 14 Feb 2012 16:11:47 +0000 http://wordpress.org/?v=2.8.4 en hourly 1 February 14 roundup http://overlawyered.com/2012/02/february-14-roundup-2/ http://overlawyered.com/2012/02/february-14-roundup-2/#comments Tue, 14 Feb 2012 05:08:05 +0000 Walter Olson http://overlawyered.com/?p=27567
  • “Brazil Sues Twitter in Bid to Ban Speed Trap and Roadblock Warnings” [ABA Journal]
  • Obama nominates Michigan trial lawyer Marietta Robinson to vacancy on Consumer Product Safety Commission, ensuring aggressively pro-regulatory majority [Bluey, Heritage]
  • “AMA reports show high cost of malpractice suits” [HCFN] “Average expense to defend against a medical liability claim in 2010 was $47,158″ [American Medical News, more] Survey of 1,200 orthopedic surgeons finds defensive medicine rife, at cost of billions, accounting for 7 percent of all hospital admissions [MedPageToday]
  • “Sue us only in Delaware” bylaws would kill off forum-shopping and what fun is that? [Bainbridge]
  • Trial by media: Lefty “SourceWatch” posts, then deletes, docs from Madison County pesticide suit [Madison County Record]
  • Think you’ve beaten FCPA rap? Meet the obscure “Travel Act” [Mike Emmick, Reuters] Federal court expands “honest services fraud” in lobbying case [Paul Enzinna, Point of Law]
  • “On the horrors of getting approval for an ice-cream parlour in San Francisco” [NYT via Doctorow/BoingBoing]
    • Tags: , , , , , , , , , , ,

    Related posts

    ]]>     http://overlawyered.com/2012/02/february-14-roundup-2/feed/ 1     December 27 roundup http://overlawyered.com/2011/12/december-27-roundup/ http://overlawyered.com/2011/12/december-27-roundup/#comments Tue, 27 Dec 2011 05:04:27 +0000 Walter Olson http://overlawyered.com/?p=26413
  • Exoneree’s ex sues him for share of state’s wrongful-imprisonment payout [Dallas Observer via Balko]
  • Gibson’s alleged crime: ebony veneer too thick [Andrew Grossman, earlier here, here]
  • About that flap over “free” lawyer representation of Wisconsin high court justice [Rick Esenberg, Shark and Shepherd]
  • Allegation: Binder & Binder, largest Social Security advocacy firm, used red stickers to flag clients’ unfavorable medical info, often withheld it from disability-claim judges [WSJ]
  • “Judge Dismisses Landmark Bribery Conviction, Rips DOJ” [WSJ Law Blog, Lindsey order, more, my Cato post] FCPA reverse for federal prosecutors in arms trade case [BLT]
  • Congress passes bill clarifying jurisdiction, venue [Howard Wasserman, Prawfs]
  • Important reason to record cop-citizen interactions: to protect police from false claims [Scott Greenfield]
    • Tags: , , ,

    Related posts

    ]]>     http://overlawyered.com/2011/12/december-27-roundup/feed/ 0     Philadelphia courts attract forum-shoppers http://overlawyered.com/2011/10/philadelphia-courts-attract-forum-shoppers/ http://overlawyered.com/2011/10/philadelphia-courts-attract-forum-shoppers/#comments Sat, 29 Oct 2011 05:23:01 +0000 Walter Olson http://overlawyered.com/?p=25321 According to a new study by Josh Wright for the International Center for Law and Economics. His “findings are consistent with a conclusion that Philadelphia courts demonstrate a marked and meaningful preference for plaintiffs, consistent with both the Complex Litigation Center’s intention of inviting ‘business’ from other courts and criticisms that Philadelphia’s courts provide a unique combination of advantages for plaintiffs.” [Pennsylvania Record, Point of Law]

    Tags: , ,

    Related posts

    ]]>     http://overlawyered.com/2011/10/philadelphia-courts-attract-forum-shoppers/feed/ 2     September 27 roundup http://overlawyered.com/2011/09/september-27-roundup/ http://overlawyered.com/2011/09/september-27-roundup/#comments Tue, 27 Sep 2011 05:35:58 +0000 Walter Olson http://overlawyered.com/?p=24686
  • Unauthorized practice of law (UPL) regulation tends to serve interests of lawyers, not consumers [Thomas Morgan, Gillian Hadfield and more, Eric Rasmusen, George Leef, William Henderson, all at last week's Truth on the Market symposium; Bader/Examiner; related Greenfield on "lawyer practitioner" idea] In which I am described as a “voice of reason” on the notion of lawyer-deregulation [Greenfield, Bader/Open Market, earlier]
  • Trial lawyer stimulus: Obama jobs bill requires states to waive defenses to lawsuits [Joel Griffith, Big Government]
  • Because it’s done such a great job with drugs: government panel calls for heavier FDA hand in restricting availability of medical devices [Wajert, Beck, FairWarning] Better idea: “Moving to a Safety-Only [FDA] System” [Tabarrok on Boldrin/Swamidass]
  • “Do we really need a breastfeeding discrimination law?” [Hyman]
  • Welcome forum-shoppers: “St. Clair County [Ill.] Courthouse overflowing with out-of-towner law suits” [Madison County Record]
  • Lawyers in black-farmer action deploy Cornell’s Theodore Eisenberg in quest for $90.8 million payday [BLT]
  • “Ohio Man Sues Coworkers Who Won’t Share Mega Millions Lottery Win” [AOL; more on the evergreen lawsuit genre of co-worker lottery suits]
    • Tags: , , , , ,

    Related posts

    ]]>     http://overlawyered.com/2011/09/september-27-roundup/feed/ 0     April 26 roundup http://overlawyered.com/2011/04/april-26-roundup/ http://overlawyered.com/2011/04/april-26-roundup/#comments Tue, 26 Apr 2011 12:26:33 +0000 Walter Olson http://overlawyered.com/?p=22714
  • Study of how class action lawyers interact with their named clients [Stephen Meili via Trask]
  • California releases numbers on how bounty-hunting lawyers did in 2010 under Prop 65 environmental-warning law [Cal Biz Lit]
  • According to the tale, lender errors in foreclosure gave Florida borrower home free and clear. Actual story may be more complicated than that [Funnell]
  • The very long discovery arm of the Philadelphia, and Pennsylvania, courts [Drug & Device Law, more]
  • UK law firm “could face big bill” after sending thousands of file-sharing demand letters [ABA Journal]
  • Goodbye to men’s track at U. of Delaware, and the women’s team is suffering too, as often happens with Title IX [Saving Sports]
  • OSHA’s proposed “illness and injury prevention program” (I2P2) termed a “Super Rule” with potentially widespread economic impact [Kirsanow, NRO]
    • Tags: , , , , , , , , ,

    Related posts

    ]]>     http://overlawyered.com/2011/04/april-26-roundup/feed/ 5     January 12 roundup http://overlawyered.com/2011/01/january-12-roundup-2/ http://overlawyered.com/2011/01/january-12-roundup-2/#comments Wed, 12 Jan 2011 12:09:03 +0000 Walter Olson http://overlawyered.com/?p=20918
  • Merger objections: “First Comes the Deal Announcement, Then Comes the Lawsuit” [WSJ Law Blog]
  • Harvey Silverglate on campus “anti-bullying” bill [Forbes]
  • Anna Nicole Smith case could empower bankruptcy judges, encourage forum-shoppers [Michael J. Wade, Examiner]
  • “Family Business Wins Same Lawsuit Twice, Now Faces It For the Third Time” [Mike LePage, U.S. Chamber ILR]
  • “I’ll Never File Another Asbestos Case in Texas” [Oliver]
  • Financial whistleblowing rules a potential “gold mine”? [WSJ Law Blog, Wood/PoL, Robert Shattuck on SEC comment process]
  • “Device lag at the FDA” [Tabarrok]
  • Cheyenne-Arapahoe tribes file land claim that includes city of Denver, but they’ll trade it for casino rights [five years ago on Overlawyered]
    • Tags: , , , , , ,

    Related posts

    ]]>     http://overlawyered.com/2011/01/january-12-roundup-2/feed/ 1     Counting our blessings dept.: bills Congress didn’t pass http://overlawyered.com/2010/10/counting-our-blessings-dept-bills-congress-didnt-pass/ http://overlawyered.com/2010/10/counting-our-blessings-dept-bills-congress-didnt-pass/#comments Fri, 08 Oct 2010 16:00:30 +0000 Walter Olson http://overlawyered.com/?p=19610 Carter at Point of Law compiles a list of mostly-bad bills Congress left town without passing [parts one and two] One very worrisome law of this sort, the we-sue-the-world Foreign Manufacturers Legal Accountability Act (FMLAA), is the subject of a new policy analysis by my Cato Institute colleagues Daniel Griswold and Sallie James (it’s the sort of aggressive trade restriction that could touch off major retaliation, not to mention its possible CPSIA-like effects on vintage dirtbike collectors; more background here, here, and here).

    Unfortunately, two troublesome enactments — the food safety bill and the misnamed Paycheck Fairness Act — were teed up by Majority Leader Harry Reid for possible expedited passage in the lame duck session.

    Tags: , , , ,

    Related posts

    ]]>     http://overlawyered.com/2010/10/counting-our-blessings-dept-bills-congress-didnt-pass/feed/ 0     “Libel tourism” legislation http://overlawyered.com/2010/07/libel-tourism-legislation/ http://overlawyered.com/2010/07/libel-tourism-legislation/#comments Fri, 23 Jul 2010 12:41:55 +0000 Walter Olson http://overlawyered.com/?p=18455 The intention of protecting American authors from overreaching foreign defamation suits certainly seems a good one. But what about the details? Howard Wasserman, who has raised various objections in the past, finds the bill that just passed the Senate “a dramatic improvement over earlier versions.” [Prawfsblawg]

    Tags: , ,

    Related posts

    ]]>     http://overlawyered.com/2010/07/libel-tourism-legislation/feed/ 3     “Lawyers line up to fight BP” http://overlawyered.com/2010/07/lawyers-line-up-to-fight-bp/ http://overlawyered.com/2010/07/lawyers-line-up-to-fight-bp/#comments Mon, 19 Jul 2010 12:55:05 +0000 Walter Olson http://overlawyered.com/?p=18341 I’m quoted in the Times (UK) on lawyers’ binge of client-chasing in the Gulf, and the legacy of “home cooking” that can make it hard for outside defendants to be treated fairly in that part of the country [reprinted in The Australian]

    Tags: , ,

    Related posts

    ]]>     http://overlawyered.com/2010/07/lawyers-line-up-to-fight-bp/feed/ 0     July 14 roundup http://overlawyered.com/2010/07/july-14-roundup-2/ http://overlawyered.com/2010/07/july-14-roundup-2/#comments Wed, 14 Jul 2010 13:14:04 +0000 Walter Olson http://overlawyered.com/?p=18178
  • “Sources: Trial lawyers expect tax break from Treasury Department” [Legal NewsLine, PoL, earlier; measure would reportedly replicate contents of bill that didn't pass Congress]
  • No doubt totally unrelated: eight Dem Senate candidates journey to Vancouver for AAJ fundraiser [The Hill, David Freddoso, ShopFloor, more]
  • Report: elderly man jailed after making “bomb” joke about carry-on at airport [NBCNewYork]
  • New York debt collection law firm files 80,000 actions a year, critics say errors and lack of documentation inevitable [NYT]
  • Kimberly-Clark: quit letting asbestos plaintiffs forum-shop against us [SE Texas Record] How a new asbestos defendant can get “passed around” among claimants [Global Tort, scroll] Prosperity of one Cleveland asbestos law firm I’d never heard of [Briefcase]
  • North Carolina court of appeals: employee rushing to bathroom after getting off work not acting within scope of employment [Matthews v. Food Lion, PDF]
  • “Curse of the greedy copyright holders” [Woodlief, WSJ, via de Rugy, NRO; TechDirt]
  • Update: “Ninth Circuit suspends Walter Lack, reprimands Thomas Girardi” [famed California lawyers tripped up in Dole suit; Legal Ethics Forum, PoL, earlier]
    • Tags: , , , , , , , , ,

    Related posts

    ]]>     http://overlawyered.com/2010/07/july-14-roundup-2/feed/ 2