“This January, the justices stopped [attorney James] Wylder’s argument dead in its tracks once again, concluding that the McLean County Circuit Court should have dismissed his three negligence suits against Illinois Central Railroad. Wylder had argued that Illinois Central was responsible for the alleged asbestos-related injuries of workers at an asbestos plant because the asbestos had arrived there by rail.” [Chamber's Madison County Record, more; background on "asbestos conspiracy" line of Illinois cases, LNL]
Tagged as:
asbestos,
deep pocket,
Illinois,
Madison County,
railroads
- “A 4-Page Playdate Waiver? Is This the New Normal?” [Lenore Skenazy, Free-Range Kids; our 2000 post on "Rise of the High-School Sleepover Disclaimer"]
- Spirit Airlines sets what it calls DOTUC fee, for “Dept. of Transportation Unintended Consequences” [Stoll]
- How fairly are fathers treated in family court? [Nina Shapiro, Seattle Weekly via Alkon]
- “‘Insider’ Trading by the Representative Plaintiff in Shareholder Litigation” [Bainbridge]
- “Donation controversy focuses attention on Madison County asbestos litigation” [St. Louis Post-Dispatch, Chamber-backed LNL]
- Update: Appeals court reinstates Duluth doc’s defamation claims [DNT, earlier here, here, here; "bedside manner" criticism]
- U.K.: “‘Psychic’ Sally Morgan Sues Critics for £150,000 After Refusing $1 Million to Prove Her Powers” [D.J. Grothe, HuffPo] “She’ll be calling witnesses such as ‘an uncle, or father, or a man… with a b in his first name’.” [@thegagthief]
Tagged as:
airlines,
asbestos,
divorce,
family law,
libel slander and defamation,
Madison County,
recreation,
Seattle,
securities litigation,
United Kingdom
- 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]
Tagged as:
asbestos,
FDA,
forum shopping,
lottery,
Madison County,
unauthorized practice
Neurosurgeons in Cook and four other counties pay nearly $230,000 a year, obstetricians nearly $140,000, and general surgeons nearly $100,000. The legislature in Springfield had voted liability limits, but last year the Illinois Supreme Court, in a decision hailed by organized plaintiff’s lawyers but condemned as lawless by many others, struck down those limits. [Heather Perlberg, Medill]
Tagged as:
Chicago,
Illinois,
Madison County,
medical malpractice insurance
- Judge Kozinski blasts prosecution of McAfee exec Probhat Goyal [Ribstein, Greenfield; related on federal overcriminalization, Rittgers/Cato]
- “If only laws were like sausages” [Robert Pear, NY Times]
- “Public Radio Looks at California ADA Lawsuits” [Frith, CJAC on "This American Life," Thomas Mundy and Morse Mehrban]
- Guitar maker described as “litigation-addled”: “Gibson continues its IP-based business plan” [Coleman]
- Judge who heard Madison County, Ill. asbestos docket retires, is picked by lawyers as trustee of asbestos bankruptcy trust [Chamber-backed MC Record]
- Ted Frank’s Center for Class Action Fairness objects to Classmates.com class action settlement [CCAF, more, yet more]
- New Labor Department regs could chill management speech to workforce [Russ Brown, Open Market]
- Too bad there weren’t legal blogs around in 2000, some light might have been shed on Bush v Gore [Legal Blog Watch, Ann Althouse] Hey wait a minute [ten years ago on Overlawyered]
Tagged as:
ADA filing mills,
Alex Kozinski,
asbestos,
class action settlements,
labor unions,
Madison County,
music and musicians,
prosecution
- Are you a member of Tyson chicken or H&R Block Express IRA class action settlements?
- Jim Copland on Harry Reid and the trial bar. [NRO]
- Jim Copland on the Ground Zero settlement, which may pay lawyers $200 million—but the judge plans fee scrutiny. [NY Post; NY Daily News]
- Kevin LaCroix interviews the Circle of Greed authors. [D&O Diary]
- Judgeships: Rhode Island lead paint trial lawyer in despite mediocre rating, but Sri Srinivasan out because of his clients—not Al Qaeda, but, heaven forfend, eeeevil corporations like Hertz.
- There’s no evidence that workers on automotive brakes (which sometimes contain asbestos) get mesothelioma at a greater rate than the rest of the population, but auto companies still get sued over it. Ford fought one in Madison County, rather than settle, and won. [Madison County Record]
- Overview of defensive medicine at work. [AP]
- Pantsless Rielle Hunter on John Edwards: “He’s very honest and truthful.” [GQ]
Tagged as:
asbestos,
Bill Lerach,
class action settlements,
defensive medicine,
Ford Motor,
Ground Zero dust lawsuits,
Harry Reid,
judicial nominations,
Madison County,
politics,
Rhode Island,
Rielle Hunter
Readers may remember the extensive litigation in and around Granite City, Illinois, involving the frequently aggrieved Peach family. Now Armettia Peach has settled with the last defendant, Kevin Link, in the suit described here, here, and here. (Madison County Record).
Unrelatedly, the Lakin Law Firm, which has represented the Peach family in numerous cases, has changed its name to LakinChapman LLC.
Tagged as:
Madison County
The American Tort Reform Association is out with its annual ranking of the jurisdictions where it thinks civil defendants are farthest from being assured a fair trial, and they are:
- West Virginia
- South Florida
- Cook County, Ill.
- Atlantic County, NJ
- Montgomery and Macon Counties, Ala.
- Los Angeles County, CA
- Clark County (Las Vegas), Nev.
The list reflects the views of big-company managers and lawyers as to tort lawsuits; a poll of, say, doctors might result in different nominations (Brooklyn, Bronx, Long Island*, Philadelphia) and one of class-action or patent-infringement defendants would likely produce yet other lists.
ATRA has a supplementary “Watch List”, nicknamed by some of us “Heckholes”, of toasty but not quite infernal jurisdictions, on which it places the Rio Grande Valley and Gulf Coast of Texas, Madison County, Ill., Baltimore, Md., and St. Louis city and county and Jackson County, Mo. It also offers side essays on notable scandals among high-rolling lawyers, trial lawyer-AG alliances, and pro-plaintiff’s-bar lobbying efforts.
Some coverage of the report: Pero, ShopFloor (with this and this on AG alliances), Ambrogi, Genova, CalBizLit (”We’re Number 6! We’re Number 6!), TortsProf, Miller (Baltimore), and Turkewitz (cross-posted from Point of Law; also note this recent post).
* Commenter VMS makes a case that Long Island does not belong on such a list.
Tagged as:
ATRA,
Baltimore,
Florida,
Long Island,
Los Angeles,
Madison County,
Philadelphia,
problem jurisdictions,
scandals,
Texas,
West Virginia
- Holman Jenkins on auto bailout [WSJ] Bush’s willingness to use TARP helped the unions scuttle a reasonable deal with Corker; and why exactly did CEO Wagoner commit GM to the (dubious and self-injuring) position that buyers’d abandon the company in the event of a Chapter 11? [Hodak Value h/t Ted] So that’s what dragging Detroit down — domestic partner benefits [Brayton] And Ted wonders if it might be cheaper in the long run for the government just to buy a Senate seat from Gov. Blagojevich for every auto worker;
- Where’d Gov. Blagojevich pick up idea it was OK to sell official acts for $$$? Can’t imagine [Ribstein] Who is Advisor B? [Byron York] Sing, Rod, sing! [Coleman] “Blago’s decision to let SEIU and not AFSCME organize Ill. child-care workers” Hmmm [Freedom-at-Work, NRTW] “How do they think Chi pols talk in private when muscling some guy for cash? Like Helen Mirren playing the queen?” [John Kass, Tribune] A look at AG Lisa Madigan [PoL] Illinois pols have shaken down hospitals before, state’s “certificate of need” (permission-to-build) law is one culprit [StateHouseCall]
- J.K. Galbraith’s best bon mot: “bezzle” = inventory of unexposed embezzlement, revealed as tide of boom recedes [Cox, Breaking Views] Fascinating memoir of why Madoff had been giving off fishy smell for years [Tokyo Cassandra] So sleazy! “Many” investors put $ with Madoff because they suspected he was crooked — but cheating someone else [Blodget] “Madoff didn’t run one of these much-maligned, unregistered hedge funds. He was registered with the SEC. Here’s his latest 13-F, which looks perfectly normal.” [Weisenthal]
- Daily downer for media folk [@themediaisdying h/t @amyfeldman] “Remember, America, you can’t wrap a fish in satellite radio” — P.J. O’Rourke wants bailout for print [The Australian]
- Jurors’ political leanings predict whether they’re pro-plaintiff or defendant? Not as simple as that [Wisconsin Lawyer h/t @juryvox]
- Asbestos rise in Madison County, Illinois could signal return to “old school” tactics [MC Record h/t @icjl]
- Sue me harder, don’t stop now: competing Fla. fetish clubs feud in court, which’ll get whipped? [ABA Journal]
- Russian patent office grants trademark for
emoticon, businessman asking royalties [BBC h/t @bodhi1 @mediadonis]
- Arnold Kling: loan modification way oversold as remedy for housing ills [EconLog h/t @tedfrank]
- Best line: “the goose was not our employee or our agent” [CKA Mediation h/t @vpynchon, earlier]
Tagged as:
asbestos,
autos,
hospitals,
Illinois,
juries,
Madison County,
scandals
Two Milwaukee-based law firms, Hupy & Abraham and the McNally Law Offices, have been gathering up vehicle-crash police reports in the famously litigation-friendly Illinois counties east of St. Louis, and then soliciting persons named in the reports to file injury claims. “Some local police departments, including Belleville, Edwardsville, O’Fallon and the Madison County Sheriff’s Department,” have resisted the demands, based on worries about citizen privacy and identity theft, or have sought to charge for per-report access, which would discourage mass scooping up of names. The McNally firm, however, “sends a copy of a letter from Attorney General Lisa Madigan’s office, which states the police have to allow viewing of the reports, at no charge.” (Brian Bruegemann, “Ambulance chasing? Lawyers zero in on metro-east clients”, Belleville News-Democrat, Sept. 28). Ron Miller at Maryland Injury Lawyer says the practice contributes toward giving the plaintiff’s bar a bad name, and corresponds with attorney Michael Hupy whose firm figures in the story. We covered the phenomenon earlier here and here.
Tagged as:
chasing clients,
lawyering vs. privacy,
Madison County,
police,
Wisconsin
- Trips over firefighter’s bag at rescue scene, now wants cash from city [Salem, Mass., News]
- Oh, my: “Bidens owe SimmonsCooper [huge mass tort firm in Madison County, Ill.] $1 million in hedge fund deal” [MC Record, earlier] Update: plenty more in a Wednesday WSJ editorial.
- Florida Supreme Court rejects latest attempt by attorney Montgomery Blair Sibley to resist discipline [North Country Gazette]
- “Women’s advocacy groups have persuaded Congress to begin intensive Title IX equity reviews of science programs.” Bad news for American academic science [Sommers, AEI/Teachers College Record]
- You may have run into everyone’s favorite fashion law blog. But did you know there’s also a furniture law blog? [Womble Carlyle; via Blawg Review #179 at Securing Innovation]
- Eavesdrop on jury deliberations, get wind of defense verdict, move quick to settle case? That would be a very naughty thing for a lawyer to do [American Justice Partnership]
- Myrhvold the last straw: “Up until now I have been criticized in many corners for taking the side of so-called patent trolls. …No tax policy could ever do as much damage to an economy.” [Gene Quinn, PatentFools.com, also via above]
- Okay, towns, build sidewalks or else [four years ago on Overlawyered]
Tagged as:
Biden,
fire departments,
Joe Biden,
Madison County,
Montgomery Blair Sibley,
patent trolls,
technology,
Title IX
Add the August 28 LA Times to the list of newspapers looking askance at Joe Biden and his family’s cozy relationship to judicial-hellhole asbestos attorneys, in this case Madison County’s SimmonsCooper. (Chuck Neubauer and Tom Hamburger, “Business dealings of Biden family could be problematic for him”, Aug. 28). Unfortunately, the article somehow manages to miss the rationale for creating the trust fund, which was the degree to which so much asbestos litigation in the country is abusive.
Update: also, Am Law Daily.
Tagged as:
asbestos,
Biden,
Joe Biden,
litigation lobby,
Madison County,
politics
