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 http://overlawyered.com/2012/02/detroit-hospital-will-pay-70k-for-not-providing-sign-interpreters/ http://overlawyered.com/2012/02/detroit-hospital-will-pay-70k-for-not-providing-sign-interpreters/#comments Thu, 09 Feb 2012 13:49:39 +0000 Walter Olson http://overlawyered.com/?p=27463 “Henry Ford Health System will pay $70,000 to a family who alleges the system failed to provide sign language interpreters to a patient and family members in 2004, and must train staff on the requirements of the Americans with Disabilities Act, according to a settlement announced … by the U.S. Justice Department.” [Detroit News]

Tags: disabled rights, hospitals

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]]> http://overlawyered.com/2012/02/detroit-hospital-will-pay-70k-for-not-providing-sign-interpreters/feed/ 2 http://overlawyered.com/2012/02/february-8-roundup-4/ http://overlawyered.com/2012/02/february-8-roundup-4/#comments Wed, 08 Feb 2012 05:15:22 +0000 Walter Olson http://overlawyered.com/?p=27202

Popular proposal to curb Congressional insider trading (”STOCK Act”) could have disturbing unintended consequences [John Berlau, CEI "Open Market"]

Here’s Joe’s number, he’ll do a good job of suing us: “Some Maryland hospitals recommend lawyers to patients” [Baltimore Sun, Ron Miller]

Bribing the states to spend: follies of our fiscal federalism, and other themes from Michael Greve’s new book The Upside-Down Constitution [LLL, more] “Atlas Croaks, Supreme Court Shrugs” [Greve, Charleston Law Review; related, Ted Frank]

“… Daubert Relevancy is the Sentry That Guards Against the Tyranny of Experts” [David Oliver on new First Circuit opinion or scroll to Jan. 23]

Goodbye old political tweets, Eric Turkewitz is off to trial;

State laws squelch election speech, and political class shrugs (or secretly smiles) [George Will]

Too bad Carlyle Group got scared off promising experiment to revamp corporate governance to curb role of litigation [Ted Frank, Gordon Smith] AAJ should try harder to use people’s quotes in context [Bainbridge]

Tags: arbitration, Baltimore, campaign regulation, Daubert, expert witnesses, federalism, hospitals, securities litigation, Twitter

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Judge Edith Jones rules: 5th Circuit spanks judge who overturned result of anti-traffic-cam vote [The Newspaper, background]

“UK Nanny State: Let’s Send Gamers To Rehab” [Nick Sibilla, Reason] “If Poker Is a Public Health Issue, What Isn’t?” [Jacob Sullum]

Struggle Resolutely Against Misleaders of the People In Weather Broadcasts Everywhere! [TP; reactions from Tony Hake/Examiner, Geoff Fox, Andrew Revkin, Watts Up With That]

Jury awards $178 million in bariatric-surgery case against Jacksonville hospital, sum greater than GDP of several small island nations [Florida Times-Union]

Sikh sues Jay Leno over comparison of Romney vacation home to Golden Temple of Amritsar [Daily Mail]

Redevelopment without prerequisite “blight” akin to Hittite sack of Babylon [Gideon Kanner]

Convinced hospital broke naming promise, jury tells it to pay $1 million to country singer Garth Brooks [AP]

“Dean of law bloggers” — why, thank you, sir [Hans Bader, CEI]

Tags: accolades, climate change, eminent domain, Fifth Circuit, global warming, hospitals, India, red light cameras, videogames

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• U.K. roundup (0)

]]> http://overlawyered.com/2012/01/january-26-roundup-3/feed/ 4 http://overlawyered.com/2011/12/medical-roundup-2/ http://overlawyered.com/2011/12/medical-roundup-2/#comments Sun, 04 Dec 2011 05:21:13 +0000 Walter Olson http://overlawyered.com/?p=25870

Talking back to the “malpractice litigation is no big deal, docs should grin and bear it” theorists [David Sack, ACP via White Coat] “Worst states for medical malpractice risk” [White Coat]

Jury awards $25 million against hospital that didn’t file abuse report after boy came in with broken wrist [Fayetteville, N.C. Observer]

“Doctors Question Disability Decisions as Agency Moves to Speed Up Process” [WSJ via Walter Russell Mead]

New “Federalist Society equivalents” in medicine (Benjamin Rush Society), business, foreign affairs [John J. Miller, Philanthropy]

Fieger wins $144 million verdict blaming hospital for newborn’s cerebral palsy [suburban Detroit Tribune]

Feds force birth control coverage on Catholic organizations, and free association suffers [Roger Pilon, Cato]

Phone call from doc to patient’s home did not establish subsequent jurisdiction to sue there [Madison County Record] NY steps up program to streamline courts’ handling of med-mal claims [WSJ]

Tags: child abuse, Federalist Society, Geoffrey Fieger, hospitals, medical malpractice, New York

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]]> http://overlawyered.com/2011/12/medical-roundup-2/feed/ 3 http://overlawyered.com/2011/12/risks-of-trying-to-be-safe-dept/ http://overlawyered.com/2011/12/risks-of-trying-to-be-safe-dept/#comments Fri, 02 Dec 2011 13:32:29 +0000 Walter Olson http://overlawyered.com/?p=25993 “Alarm fatigue” is said to be a growing peril in hospitals as “nurses become so desensitized to the constant beeping that they don’t hear or ignore important warnings that a patient’s condition might be worsening.” [Liz Kowalczyk, Boston Globe]

Tags: hospitals, safety

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]]> http://overlawyered.com/2011/12/risks-of-trying-to-be-safe-dept/feed/ 10 http://overlawyered.com/2011/09/baby-mixup-does-not-support-claim-for-emotional-distress/ http://overlawyered.com/2011/09/baby-mixup-does-not-support-claim-for-emotional-distress/#comments Thu, 22 Sep 2011 05:17:29 +0000 Walter Olson http://overlawyered.com/?p=24717 Though given the wrong baby to nurse, a New York mother cannot recover cash for “extreme emotional pain,” the state’s highest court having declined review of her case. [Brooklyn Eagle via Scheuerman/TortsProf, earlier]

Tags: emotional distress, hospitals, NYC

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]]> http://overlawyered.com/2011/09/baby-mixup-does-not-support-claim-for-emotional-distress/feed/ 3 http://overlawyered.com/2011/09/september-12-roundup/ http://overlawyered.com/2011/09/september-12-roundup/#comments Mon, 12 Sep 2011 12:37:28 +0000 Walter Olson http://overlawyered.com/?p=24482

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]

Tags: advertising, CPSC, CPSIA, cruise ships, Dickie Scruggs, forfeiture, Google, hospitals, Katrina, Rick Perry, same-sex marriage, Texas

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]]> http://overlawyered.com/2011/09/september-12-roundup/feed/ 3 http://overlawyered.com/2011/09/you-saved-my-life-but-you-broke-my-tooth/ http://overlawyered.com/2011/09/you-saved-my-life-but-you-broke-my-tooth/#comments Fri, 09 Sep 2011 05:09:40 +0000 Walter Olson http://overlawyered.com/?p=24477 See you in court, intubation/anesthesia team! [Blog of Bleeding Heart via White Coat ("What’s better? A missing tooth when you wake up to see your smiling family or perfect smile at your funeral?")]

Tags: hospitals

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]]> http://overlawyered.com/2011/09/you-saved-my-life-but-you-broke-my-tooth/feed/ 12 http://overlawyered.com/2011/08/federal-govt-encourages-health-providers-to-coordinate/ http://overlawyered.com/2011/08/federal-govt-encourages-health-providers-to-coordinate/#comments Tue, 23 Aug 2011 15:14:46 +0000 Walter Olson http://overlawyered.com/?p=24271 “… Then Sues Them For Doing So.” If ObamaCare doesn’t get you, it seems, FTC antitrust enforcement might. [Peter Suderman, Reason]

Tags: antitrust, Federal Trade Commission, hospitals

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]]> http://overlawyered.com/2011/08/federal-govt-encourages-health-providers-to-coordinate/feed/ 4 http://overlawyered.com/2011/08/august-12-roundup-2/ http://overlawyered.com/2011/08/august-12-roundup-2/#comments Fri, 12 Aug 2011 12:08:46 +0000 Walter Olson http://overlawyered.com/?p=24235

More reviews of Schools for Misrule: Counterpoint (U. of Chicago), Wilson Trivino at PurePolitics.com;

“Cops Collar 12 Year Old for “Walking Alone” in Downtown Toronto” [Free-Range Kids] Cop tells mom kids under ten “by law are not allowed outside unsupervised except in their parents’ yard.” [western Maryland, same]

As lawmakers seek budget cuts, school finance litigators are on the march to counter their plans [WSJ Law Blog]

Wouldn’t waive regs: “U.S. blocks $1 million Italian supercar” [CNN Money]

You see, entrepreneurial suit-filing does create jobs: “Hike in Wage-and-Hour Litigation Spurs Demand for Calif. Employment Law Associates” [ABA Journal] How U.S. Congress devastated American Samoa through minimum wage hikes [Mark Perry]

CCAF objects in Sirius class action settlement [PoL, earlier]

“The Phantom Menace of Sleep Deprived Doctors” [Darshak Sanghavi, NY Times Magazine]

Tags: autos, children's rights, class action settlements, hospitals, Italy, law schools, schools, Schools for Misrule, wage and hour suits

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