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Louisiana

Environment roundup

by Walter Olson on November 11, 2014

  • In Utah prairie dog case, federal judge finds Endangered Species Act regulation of intra-state property impacts exceeds scope of enumerated federal powers [Jonathan Adler, Evan Bernick, Jonathan Wood/PLF] Certiorari petition on whether economic considerations should enter into ESA measures on behalf of delta smelt in California [Ilya Shapiro and Trevor Burrus]
  • “While Smart Growth as a whole is maligned by some advocates of the free market, many Smart Growth tenets are actually deregulatory.” [Emily Washington, Market Urbanism; related, obnoxious-yet-informative Grist]
  • Economic logic should be enough to halt suburban Maryland Purple Line, but if not, says Chevy Chase, hey, let’s find a shrimp [Washington Post; Diana Furchtgott-Roth on economics of Purple Line]
  • SCOTUS should review Florida-dock case in which lower courts held property rights not “fundamental” for scrutiny purposes [Ilya Shapiro and Trevor Burrus]
  • “The Problem of Water” [Gary Libecap, Cato Regulation]
  • Paul Krugman and others hyped the rare earth crisis. Whatever happened to it? [Alex Tabarrok]
  • Louisiana judge strikes down state law prohibiting levee boards’ erosion/subsidence suit against oil companies, appeal likely [New Orleans Times-Picayune]

Environment roundup

by Walter Olson on October 8, 2014

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After intense political controversy in Louisiana, a controversial environmental suit is apparently on its way out. [KATC] Earlier here and here.

  • “A Poster Child for Overcriminalization: The History of the Lacey Act” [Jarrett Dieterle/Point of Law; earlier] “Strict Obama administration ivory ban infuriates musicians” [Bluegrass Nation/Daily Caller]
  • California business didn’t think nutty Prop 65 warning regime could get worse, Brown administration might prove them wrong [Michael Feeley et al., JD Supra]
  • “We’re definitely asking a judge to make a leap of faith here”: profile of Steven Wise, who files suits on behalf of chimps and other non-human “plaintiffs” [New York Times Magazine, earlier on Wise]
  • Quin Hillyer gives thumbs down to Louisiana coastal wetlands suit [Baton Rouge Advocate, earlier]
  • James Huffman on the public trust doctrine [Hoover]
  • John Steele Gordon on California drought [Commentary]
  • “It’s easier to engage and organize people around ‘fracking’ than a complicated list of practices.” [L.A. Business Journal]

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“With respect, the majority opinion ignores the physical evidence, the expert testimony, the eye-witness testimony, and the laws of physics.” [from Purvis v. Grant Parish School Board, Louisiana Supreme Court, Feb. 14, 2014]

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Liability roundup

by Walter Olson on April 25, 2014

  • By convention the business/defense side isn’t fond of jury trial while plaintiff’s side sings its praises, but Louisiana fight might turn that image on its head [Hayride, sequel at TortsProf (measure fails)]
  • Generous tort law, modern industrial economy, doing away with principle of limited liability: pick (at most) two of three [Megan McArdle]
  • Fallacies about Stella Liebeck McDonald’s hot coffee case go on and on, which means correctives need to keep coming too [Jim Dedman, DRI]
  • Interaction of products liability with workplace injury often provides multiple bites at compensation apple, overdue for reform [Michael Krauss]
  • Ford Motor is among most recent seeking to pull back the curtain on asbestos bankruptcy shenanigans [Daniel Fisher; related, Washington Examiner] “Page after page he sits on the straw man’s chest, punching him in the face” [David Oliver on expert affidavit in asbestos case]
  • Kansas moves to raise med-mal caps as directed by state supreme court, rebuffs business requests for collateral source rule reform [Kansas Medical Society]
  • Let’s hope so: “More stringent pleading for class actions?” [Matthew J.B. Lawrence via Andrew Trask, Class Strategist]

Medical roundup

by Walter Olson on April 17, 2014

  • Academics have underestimated sensitivity of medical system to liability pressures [Michael Frakes, SSRN via TortsProf]
  • “Nobody has gone out and bought a new home” — Mark Lanier talks down his verdict knocking $9 billion out of Takeda and Lilly after two hours of deliberation by a Lafayette, La. jury [Reuters] Japanese drugmaker says it had won three previous trials [ABA Journal]
  • Nursing home in living-up-to-its-name town of West Babylon sued over hiring male strippers to entertain residents [NYP, more (wife of complainant attended display), ABA Journal]
  • “Reining in FDA regulation of mobile health apps” [Nita Farahany, Volokh/WaPo]
  • Another setback for plaintiffs as Arkansas tosses $1.2 billion Risperdal marketing case against Johnson & Johnson [AP/Scottsbluff Star-Herald, Eric Alexander/Drug and Device Law, earlier here and here]
  • “Spacecraft collision injuring occupant”: docs scratch their heads at new revamp to billing codes [Steven Syre, Boston Globe via Future of Capitalism]
  • FDA preclearance, drug litigation: “Most [patients] never know they were harmed, because we never know what we might have had.” [John Stossel]

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Environmental roundup

by Walter Olson on March 26, 2014

  • Oklahoma attorney general goes to court claiming private litigant manipulation of endangered/threatened species petition process [Lowell Rothschild & Kevin Ewing; NPR "State Impact"; Oklahoman, auto-plays ad video; press release, Oklahoma AG E. Scott Pruitt; ESA Watch site from oil riggers; more on the topic]
  • New Yorker mag backs tale of frogs/atrazine researcher who claims conspiracy. Someone’s gonna wind up embarrassed [Jon Entine]
  • Does gas company lease of subsurface rights entitle it to seek injunction excluding protesters from ground level? [Paul Alan Levy]
  • California: “Abusive Coastal Agency Demands Even More Power” [Steven Greenhut]
  • Mr. Harris, you embarrass: “recreational burning of wood is unethical and should be illegal” [Sam Harris from 2012]
  • Harrisburg Patriot-News series on flood insurance [TortsProf, R Street Institute on recent bill]
  • Kansas, Louisiana, and Indiana named top states on property rights freedoms [Mercatus]

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“A Baton Rouge-area defense attorney known for criticizing the use of sobriety checkpoints was handcuffed and taken to jail early Wednesday after exiting the passenger side of his vehicle while intoxicated and informing his driver of her right to refuse a sobriety test, police said.” His attorney says Jarrett Ambeau, charged with obstructing an officer, “really was just trying to protect his client.” [Baton Rouge Advocate]

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Medical roundup

by Walter Olson on February 10, 2014

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December 18 roundup

by Walter Olson on December 18, 2013

  • California judge tells three large companies to pay $1 billion to counties under highly novel nuisance theory of lead paint mostly sold long ago [Business Week, The Recorder, Legal NewsLine, IB Times]
  • Coincidence? California given number one “Judicial Hellhole” ranking in U.S. Chamber report, followed by Louisiana, NYC, West Virginia, Illinois’ Metro-East and South Florida [report in PDF; Daniel Fisher/Forbes (& thanks for mention of Overlawyered), Legal NewsLine]
  • Frivolous ethics charge filed by Rep. Louise Slaughter, Common Cause and Alliance for Justice against Judge Diane Sykes over Federalist Society appearance is quickly dismissed [Jonathan Adler]
  • On heels of San Antonio Four: “Texas pair released after serving 21 years for ‘satanic abuse'” [Guardian, Scott Greenfield]
  • White House delayed onerous regulations till after election; Washington Post indignant about the delay, not the regs [WaPo, Thomas Firey/Cato]
  • “GM vs Bankruptcy – How Autoworkers Became More Equal Than Others” [James Sherk, Bloomberg]
  • According to one study, North America’s economically freest state isn’t a state, but a Canadian province [Dan Mitchell]
  • “If you thought it wasn’t possible to lower the bar for lawyer advertising, of all things, you were wrong.” [Lowering the Bar, first and second round]

Environmental roundup

by Walter Olson on November 5, 2013

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Medical roundup

by Walter Olson on October 25, 2013

  • Sen.-elect Cory Booker (and Mayor Bloomberg too) on liability reform and fixing health care [NJLRA] How plaintiff’s lawyers get around caps [Alex Stein, Bill of Health] Missouri protects health volunteer workers [John Ross]
  • Like an Ayn Rand novel: Massachusetts ballot initiative pushes confiscation of private hospital profits [Ira Stoll, NY Sun]
  • Advice: plan now to lower your 2014 income to get valuable ObamaCare subsidies [San Francisco Chronicle]
  • Medicare comes off poorly: “Quality Of Care Within Same Hospital Varies By Insurance Type” [Tyler Cowen]
  • Revisiting a panic over alleged mass drug injury: “Avandia’s posthumous pardon” [David Oliver, earlier here and at Point of Law]
  • Louisiana lawmakers use malpractice statute to discourage abortion [Alex Stein, Bill of Health]
  • Georgia committee looks at plan to replace med-mal suits with administered compensation [Georgia Report via TortsProf, Daily Report Online (constitutionality), Insurance Journal]
  • Uwe Reinhardt on professional licensure and doctors’ monopoly [David Henderson]

Fortune reporter Erika Fry profiles the lawyer-allied Louisiana Municipal Police Employees’ Retirement System, pronounced “Lampers,” which has been called a “serial plaintiff,” a “frequent filer,” and in one legal brief “the most prolific filer of shareholder litigation in U.S. history.”

Environment roundup

by Walter Olson on August 23, 2013

  • California officials profess surprise: fracking’s been going on for decades in their state [Coyote]
  • Taxpayers fund Long Island Soundkeeper enviro group, affiliated with RFK Jr.’s Waterkeeper network, and a Connecticut state lawmaker does rather nicely out of that [Raising Hale]
  • Backgrounder on Louisiana coastal erosion suit [New Orleans Times-Picayune] “Lawsuit Blaming Oil Companies For Wetland Loss Might As Well Blame The Plaintiffs” [Daniel Fisher, Forbes]
  • US ties for worst of 25 countries when it comes to delay in mining permits [Sharon Koss, NTU] “Number One in DataMining” [@sonodoc99]
  • “BP Is Rapidly Becoming One Giant Law Firm” [Paul Barrett, Bloomberg Business Week]
  • “Mann v. Steyn — Mann wins round one” [Adler]
  • An insider’s view of EPA and how it uses power [Brent Fewell]

August 2 roundup

by Walter Olson on August 2, 2013

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July 27 roundup

by Walter Olson on July 27, 2013

  • Authorities arrest woman they say obtained $480,000 by falsely claiming injury from Boston Marathon bombing [CNN]
  • More on the buddy system by which Louisiana officials pick private-practice pals for contingency contracts [WWL, The Hayride, Melissa Landry/La. Record; earlier on levee district's new megasuit against oil industry]
  • “Why would the President meet with the IRS chief counsel rather than his own counsel at OLC, and without the IRS commissioner present?” [Paul Caron, TaxProf] “The IRS as microcosm”: government lawyers lean left politically [Anderson, Witnesseth]
  • California county lead paint recoupment case finally reaches trial, judge jawbones defendants to settle [Mercury-News, Chamber-backed Legal NewsLine]
  • The insanity of film production local incentives, Georgia edition [Coyote]
  • Questioning NYT’s underexplained “Goldman aluminum warehouse scam” tale [Yglesias, Stoll, Biz Insider]
  • Yes, government in the U.S. does do some things to accommodate Islam, now don’t get bent out of shape about it [Volokh]

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Saltwater incursion and wetlands loss associated with industrial use of coastal Louisiana have worsened the exposure of populated areas to flooding, according to official reports and scientific studies. Now a flood protection board representing much of the New Orleans area is suing energy companies demanding a contribution of “billions” of dollars, though its spokesman acknowledges that government actions were also responsible for weakening the natural environmental buffer. John Schwartz quotes me in his New York Times report today, though without the chance to study the suit’s contentions it was hard for me to make any more than the most preliminary observations.

P.S. More details emerge in an expanded version of the story as well as in a Thursday Washington Post report. The agency is suing “about 100″ energy companies. Canal construction and other actions taken by the U.S. Army Corps of Engineers were important contributors to the environmental losses, but principles of sovereign immunity restrict suits against the Corps. Republican Louisiana Gov. Bobby Jindal said “that the levee agency had usurped his authority and that the suit would enrich trial lawyers” and demanded that the Southeast Louisiana Flood Protection Authority “cancel contracts with the four law firms that had agreed to handle the case on a contingency basis.”

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