Overlawyered » illegal drugs 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 N.J.: overdoses on Xanax, collects $4.1 million http://overlawyered.com/2012/01/n-j-overdoses-on-xanax-collects-4-1-million/ http://overlawyered.com/2012/01/n-j-overdoses-on-xanax-collects-4-1-million/#comments Tue, 03 Jan 2012 05:06:56 +0000 Walter Olson http://overlawyered.com/?p=26550 “A man who overdosed on stolen drugs he ingested at a party in 2007 has settled his lawsuit with a pharmacy, several guests, the party’s host and the host’s mother for $4.1 million. … [Scott] Simon sued the pharmacy for not taking proper precautions to avoid the theft of drugs. He also sued several guests, the party’s host and the host’s parents, who were away for the weekend.” [AP via NJLRA, Schepisi & McLaughlin]

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]]> http://overlawyered.com/2012/01/n-j-overdoses-on-xanax-collects-4-1-million/feed/ 2 Prosecution roundup http://overlawyered.com/2011/11/prosecution-roundup/ http://overlawyered.com/2011/11/prosecution-roundup/#comments Fri, 25 Nov 2011 16:08:03 +0000 Walter Olson http://overlawyered.com/?p=24896
  • Six-year-old charged with sexual assault [Channel3000.com, Wisconsin; Radley Balko]
  • “Beware: Cities Hunting You Down For Reagan-Era Parking Tickets” [David Kiley, AOL]
  • Waco, Texas: “McLennan DA fights DNA testing because exonerations override juries” [Grits for Breakfast] Robert Mosteller, “Failures of the Prosecutor’s Duty to ‘Do Justice’ in Extraordinary and Ordinary Miscarriages of Justice” [Legal Ethics Forum]
  • Controlled substances: “Could a US lawyer lawfully counsel clients about this proposed new law?” [John Steele, LEF]
  • Mens rea erosion a “deeply troublesome trend” [Kevin LaCroix on WSJ] “Trial penalty,” long sentence minimums give prosecutors muscle to extract plea deals [NYT, Sullum] “Settlements feed U.S. prosecutor overreach” [Reynolds Holding, Reuters BreakingViews] “Responsible corporate officer doctrine” worries pharma defense lawyers [WSJ Law Blog] “The continuing quest to criminalize business judgment” [Kirkendall]
  • “More than three-quarters of turn-of-the-century Chicago homicides led to no criminal punishment — not because the perpetrator could not be identified, but because no jury would convict.” [William Stuntz's posthumous book via Cowen]
  • “Scalia criticizes narcotics laws” [for over-federalization] [WSJ]
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    ]]>     http://overlawyered.com/2011/11/prosecution-roundup/feed/ 2     “Admitted Drug Dealer Sues Doctor Who Prescribed Painkillers” http://overlawyered.com/2011/11/admitted-drug-dealer-sues-doctor-who-prescribed-painkillers/ http://overlawyered.com/2011/11/admitted-drug-dealer-sues-doctor-who-prescribed-painkillers/#comments Fri, 25 Nov 2011 05:38:35 +0000 Walter Olson http://overlawyered.com/?p=25884 Pennsylvania: “A York man who pleaded guilty to illegally selling prescription drugs is suing the doctor who prescribed the painkillers to him for medical malpractice and medical negligence.” [York Daily Record]

    And from the same state: veteran who broke into a pharmacy to steal drugs sues Veterans Administration for not having given him better mental health counseling. [Times-Leader]

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    ]]>     http://overlawyered.com/2011/11/admitted-drug-dealer-sues-doctor-who-prescribed-painkillers/feed/ 2     “There’s No Drug War Exception to the Constitution” http://overlawyered.com/2011/11/theres-no-drug-war-exception-to-the-constitution/ http://overlawyered.com/2011/11/theres-no-drug-war-exception-to-the-constitution/#comments Fri, 04 Nov 2011 06:14:35 +0000 Walter Olson http://overlawyered.com/?p=25509 Florida lawmakers have purported to impose strict liability on defendants for some drug crimes, but the mens rea (guilty mind) prerequisite is no mere option as a matter of constitutional principle. [Ilya Shapiro, Cato at Liberty] (& welcome Above the Law readers)

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    ]]>     http://overlawyered.com/2011/11/theres-no-drug-war-exception-to-the-constitution/feed/ 2     “If you say it’s just a drill, would you move as quickly?” http://overlawyered.com/2011/10/if-you-say-its-just-a-drill-would-you-move-as-quickly/ http://overlawyered.com/2011/10/if-you-say-its-just-a-drill-would-you-move-as-quickly/#comments Wed, 26 Oct 2011 15:31:55 +0000 Walter Olson http://overlawyered.com/?p=25278 Just when you think the school-locker-search genre has exhausted its outrage potential, comes this: Wolcott, Ct., school authorities falsely informed students over the intercom that a menacing intruder was loose in the school and that everyone needed to go into lockdown mode. Actually, it was an excuse to search lockers for drugs. (None were found.) One possible lesson? “If you say something important to teenagers and you want them to trust you, it’s better not to lie.” [Rick Green, Hartford Courant via Scott Greenfield]

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    ]]>     http://overlawyered.com/2011/10/if-you-say-its-just-a-drill-would-you-move-as-quickly/feed/ 0     Adventures in extraterritoriality, Drug War edition http://overlawyered.com/2011/10/adventures-in-extraterritoriality-drug-war-edition/ http://overlawyered.com/2011/10/adventures-in-extraterritoriality-drug-war-edition/#comments Mon, 10 Oct 2011 11:25:04 +0000 Walter Olson http://overlawyered.com/?p=25058 “The House Judiciary Committee passed a bill yesterday that would make it a federal crime for U.S. residents to discuss or plan activities on foreign soil that, if carried out in the U.S., would violate the Controlled Substances Act (CSA) — even if the planned activities are legal in the countries where they’re carried out.” [Balko, Somin]

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    ]]>     http://overlawyered.com/2011/10/adventures-in-extraterritoriality-drug-war-edition/feed/ 1     September 19 roundup http://overlawyered.com/2011/09/september-19-roundup/ http://overlawyered.com/2011/09/september-19-roundup/#comments Mon, 19 Sep 2011 05:34:48 +0000 Walter Olson http://overlawyered.com/?p=24544
  • Educator: please don’t bring lawyers to parent-teacher meetings [Ron Clark, CNN] Steve Brill: what I found when I investigated NYC teacher “rubber rooms” [Reuters] “The Six Dumbest Things Schools Are Doing in the Name of Safety” [Cracked] School waterfall liability [Lincoln, Neb. Journal-Star]
  • As predicted: “Dodd-Frank Paperwork a Bonanza for Consultants and Lawyers” [NYT]
  • “Running out of common drugs” [Josh Bloom, NY Post] Pharmaceutical shortages: the role of Medicare price controls [Richard Epstein, Hoover; earlier here, here, etc.]
  • DoT insists on exposing private flight plans online. Yoo-hoo, privacy advocates? [Steve Chapman]
  • New class action law in Mexico includes loser-pays provision [WSJ]
  • Newt Gingrich candidacy revives memories of his 1995 call for death penalty (with “mass executions”) for drug smuggling [NYT archive via Josh Barro; see also @timothy_watson "Sounds kinda like Shariah Law to me.")
  • "Cy pres slush fund in Georgia under ethics investigation" [PoL]
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    ]]>     http://overlawyered.com/2011/09/september-19-roundup/feed/ 3     Dies of Ecstasy overdose while attending rave http://overlawyered.com/2011/09/dies-of-ecstasy-overdose-while-attending-rave/ http://overlawyered.com/2011/09/dies-of-ecstasy-overdose-while-attending-rave/#comments Mon, 12 Sep 2011 05:48:11 +0000 Walter Olson http://overlawyered.com/?p=24532 The teenage girl’s family has now sued the Los Angeles Memorial Coliseum Commission, the event company Insomniac, a former events manager, and other parties alleging negligent staffing and supervision, inadequate security, slow emergency response and other deficiencies [L.A. Times]

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    ]]>     http://overlawyered.com/2011/09/dies-of-ecstasy-overdose-while-attending-rave/feed/ 8     September 2 roundup http://overlawyered.com/2011/09/september-2-roundup-3/ http://overlawyered.com/2011/09/september-2-roundup-3/#comments Fri, 02 Sep 2011 05:17:11 +0000 Walter Olson http://overlawyered.com/?p=24312
  • Jury acquits ex-firefighter who claimed disability while competing as a bodybuilder [Boston Herald]
  • Authorities snatch kids from homes after parents busted with small amounts of pot [NYT, Tim Lynch/Cato]
  • “Case Study on Impact of Tort Reform in Mississippi” [Mark Behrens via Scheuerman/TortsProf]
  • When opt-in works: “More than 27,000 S. Korean users join class-action suit against Apple” [Yonhap]
  • Casino liable after customers leave kids unattended in cars? [Max Kennerly]
  • All is forgiven, says frequent investment plaintiff: “State Street Rehired by Calpers After Being Likened to ‘Thugs’” [Business Week]
  • Vintage comic book covers on law themes are a regular Friday feature at Abnormal Use.
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    ]]>     http://overlawyered.com/2011/09/september-2-roundup-3/feed/ 1     Drug test positive… http://overlawyered.com/2011/08/drug-test-positive/ http://overlawyered.com/2011/08/drug-test-positive/#comments Mon, 22 Aug 2011 05:25:28 +0000 Walter Olson http://overlawyered.com/?p=24250 …on an old bottle of motor oil, resulting in 12 days in jail for a 66-year-old Minnesota woman. [Minneapolis Star-Tribune via Balko]

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