Tagged as:
Alabama,
asbestos,
Cato Institute,
Donald Trump,
immigration law,
Mark Lanier,
Mississippi,
movies film and videos,
Prop 65,
South Carolina,
train
After appearing on a television program with him a couple of months ago, I received an invitation to Mark Lanier’s Christmas party (special guest Sting):
The non-transferable invitation consists of a booklet with a password; and, most strikingly, a metal wind-up toy Ferris wheel, about seven inches in diameter. (I have not investigated whether the Ferris wheel is CPSIA-compliant.)
Should I go? I’m charmed by the hospitality, but I don’t have a date, and, moreover, it’s kind of blood Christmas cheer. (On the other hand, in the words of a former CCAF attorney, “Think of it as a modest tort tax refund.”)
Tagged as:
Mark Lanier
- “Mark Lanier, Marie Gryphon and Ted Frank debate if a free market can protect consumers as well as lawyers.” [John Stossel's Fox Business show last week; Point of Law (Lanier has kind words for loser pays); Bob Dorigo Jones]
- Corner-cutting document prep proves costly to mortgage lenders at foreclosure time [NYTimes; related, Felix Salmon and more] Connecticut AG Blumenthal orders 60-day halt to all foreclosures, whether or not paperwork-impaired, conveniently carrying him through Election Day [WaPo]
- High court grants cert on a bunch of business cases [Beck, WLF, WSJ Law Blog, Fisher, PoL on Scalia stay in tobacco class action]
- The myth of the sabotaged streetcar system [Market Urbanism]
- Another big Title IX casualty: Cal Berkeley kills varsity rugby [Saving Sports and various followups; gymnastics; related on Boston Globe coverage]
- “N.J. Bill Proposes Use of Screening Panels to Thwart Frivolous Suits Against Public Entities” [NJLJ]
- Cop informs on cop’s misbehavior, what happens next isn’t pretty [Greenfield; Kansas City, Kansas]
- There’s money in glass-eating, son [three years ago on Overlawyered]
Tagged as:
John Stossel,
loser pays,
Mark Lanier,
mortgages,
on TV and radio,
police,
Ted Frank,
Title IX
- “Jury Says No to Libel Claim Over Truthful E-Mail” [NLJ, Ardia/Citizen Media Law; high-profile First Circuit Noonan v. Staples case, earlier here and here]
- Transmission of folk music is getting tangled in copyright claims [BoingBoing]
- Scientific shortcut? Veterans Department will presume Parkinson’s, common heart ailment are caused by Agent Orange for GIs who set foot in Vietnam [NY Times]
- Federal hate crimes bill: yes, courts will consider speech and beliefs in assessing penalties [Sullum and more, Bader]
- Texas trial lawyer Mark Lanier’s famed Christmas bash will feature Bon Jovi this year [ABA Journal, background here and here]
- Let’s explain our Constitution to her: U.K. cabinet minister thinks Arnie can close private website because it’s based in California and he’s governor [Lund, Prawfsblawg]
- Ten best Supreme Court decisions, from a libertarian point of view? [Somin, Volokh]
- Cert petition on dismissal of suit against Beretta shows Brady Center still haven’t given up on undemocratic campaign to achieve gun control through liability litigation [Public Nuisance Wire interview with Jeff Dissell, NSSF]
Tagged as:
California,
copyright,
guns,
hate crimes,
libel slander and defamation,
Mark Lanier,
music and musicians,
regulation through litigation,
Supreme Court,
toxic torts,
United Kingdom
- Some backers of big national service plan say better roll it out now before the crisis atmosphere passes [Welch, Reason "Hit and Run"]
- Sorry ma’am, if hubby’s policy excludes coverage for injury to family members, you can’t blame him as “uninsured motorist” [The Briefcase, Ohio]
- Much-cited “$70/hr” figure for GM labor costs misleading: covers army of retirees, not just current workers [Salmon; but see McArdle]
- Thoughts on alleged inability of GM to get debtor-in-possession financing for a Chapter 11 bankruptcy [Oman, ConcurOp]
- Texas p.i. atty Mark Lanier famous for Xmas parties headlined by top stars, this year it’s Miley Cyrus a/k/a Hannah Montana [ABA Journal]
- “I Want Angry Jurors With Low Self-Esteem” [Bennett, Defending People]
- “We just really wanted to shatter the cupcake-pizza dichotomy. It’s just existed for too long.” [Seth Gitter via Tyler Cowen]
Tagged as:
General Motors,
insurance,
jury selection,
Mark Lanier,
national service
- Harvard’s Charles Nesson argues that Digital Theft Deterrence and Copyright Damages Improvement Act of 1999 violates Constitution by letting civil lawyers for RIAA enforce a criminal law [AP/MSNBC, Elefant]
- In some circles, bitter disappointment at reports that Obama camp probably won’t pursue Bush predecessors as war criminals [Paul Campos, Horton/Harper's; earlier]
- Latest on wrangle over “exorbitant” fee: Alice Lawrence’s deposition-skipping before her death could endanger her estate’s claim against Graubard Miller law firm [NYLJ, earlier]
- One benefit of role as law school mega-donor, as Mark Lanier is with Texas Tech, is that you get to rub (hunting-jacket) elbows with visiting Supreme Court justices [WSJ law blog]
- Lou Dobbs and Phyllis Schlafly were among those who pushed bizarre theory of secret conspiracy to merge U.S. into “North American Union” with Canada and Mexico [John Hawkins]
- Senate Dems plan to abolish secret ballot for installing unions in everyone else’s workplace, so how come they insist on one for themselves in deciding how to handle Joe Lieberman? [Dan Riehl via McArdle]
- Congrats to historian Rick Brookhiser and City Journal editor Myron Magnet, among recipients of 2008 National Humanities Medal [White House release, Brian Anderson, NRO]
- Jarek Molski, California entrepreneur of disabled-access complaints, loses bid for Supreme Court review of his designation as vexatious litigant [AP, Bashman]
Tagged as:
Canada,
card check,
contingent fee,
Harry Reid,
international human rights,
Jarek Molski,
law schools,
Mark Lanier,
Mexico,
RIAA and file sharing
AP reports a Texas court has thrown out the infamous Ernst $26 million judgment; a New Jersey court has tossed $9 million of the judgment in McDarby. More details on Point of Law as available.
Ernst was the first Vioxx suit to go to trial. A jury awarded $253 million. Mark Lanier waited months before asking for a final judgment; at the time, I suggested that this was because he knew the case would be reversed on appeal, and did not want the bad publicity. Indeed, the appellate decision perhaps comes too late for Merck: the number of lawsuits increased from 6000 to 60000 in the months following publicity over the jury verdict, costing Merck billions of dollars in the later extortionate settlement.
With these two decisions, only three plaintiffs’ verdicts in favor of Merck remain.
Update: I still haven’t seen the McDarby decision, but an updated AP story indicates that it upheld the compensatory damages of $4.5 million, overturned the $9 million punitive damages verdict, and overturned the consumer-fraud judgment (which also saves Merck millions of dollars in plaintiffs’ attorneys’ fees).
Tagged as:
junk science,
legal extortion,
Mark Lanier,
New Jersey,
pharmaceuticals,
product liability,
Texas,
Vioxx
- Judge expresses surprise at how many law firms want in on fees in Visa/MasterCard issuer settlement [NYSun]
- Mississippi bill would require a lawyer’s presence at real estate escrow closings; so rude to cite the profession’s self-interest as a factor [Clarion-Ledger]
- Following Coughlin Stoia’s lead, Mark Lanier announces he’s expanding into intellectual property litigation [The Recorder]
- Maryland legislation would require state-aided colleges and universities to report on what they’re doing to advance “cultural diversity” [Examiner via Bader/Open Market]
- New era at UK pubs? Under new directive, “employers will risk being sued if a bar worker or waitress complains of being called ‘love’ or ‘darling’, or if staff overhear customers telling sexist jokes.” [Daily Mail]
- ACLU just sued city of San Diego and snagged $900K in legal fees, but that’s no impediment to the city’s council’s enacting a special day of tribute to the group [House of Eratosthenes]
- George Wallace, who’s guestblogged here, hosts twin editions of Blawg Review #153 at his blogs Declarations & Exclusions and A Fool in the Forest, on piratical and Punchinello themes;
- Obama won’t support lowering drinking age [Newsweek]
- Such a shame for entrepreneurial plaintiffs, post-Proposition 64 if you want to sue a California business you might actually need to have been injured [CalBizLit]
- Time mag appeals $100 million Suharto libel ruling [IHT]
- Hey, no fair enforcing that fine print disclaiming liability for sweepstakes misprints [three years ago on Overlawyered]
Tagged as:
ACLU,
attorneys' fees,
Barack Obama,
Coughlin Stoia,
harmless lawsuits,
libel slander and defamation,
Mark Lanier,
Maryland,
Mississippi,
Prop 64,
roundups,
San Diego
Libertarian medical school blogger “Frommedskool” has been critical of the Vioxx litigation (regularly citing to our coverage at Point of Law). An April 2006 post about the Cona/McDarby case, however, appears to have generated a December 2007 comment from someone calling himself Mark Lanier, the plaintiffs’ attorney in the case:
Third, there was a huge amount of info Merck had that it never gave the FDA, there were smoking gun memos and emails, and there was huge harassment of the medical community done by Merck. For example, Merck did a full meta-analysis of placebo trial that showed a statistically significant increase in heart attacks, but Merck excised that from the report given the FDA. Even Merck’s head admtted they should have given the analysis to the FDA.
(Point of Law discussed the so-called withholding of the meta-analysis back in 2006. It wasn’t all that.) Fascinatingly, this comment immediately provokes comments from another lurker (just two hours later?!) claiming to be a plaintiff, reasonably asking why, if the evidence was so good, Lanier was agreeing to settle 47,000 plaintiffs’ cases for under $5 billion, essentially a nuisance settlement given that victorious plaintiffs were being awarded in the millions and tens of millions.
[click to continue…]
Tagged as:
legal extortion,
Mark Lanier,
New Jersey,
product liability,
Vioxx
Actually, attorney Mark Lanier’s massive bash, for thousands of attendees “including, seemingly, every judge and politician in Texas”, would have gone forward whether or not Merck had plunked down billions, and with Lanier saying he expects only $30 million in fees plus $10 million in expenses in the affair, which was once expected to yield a much bigger payday, the atmosphere might even be subdued. (Lattman, Nov. 13). Earlier coverage of Lanier Christmas parties here and here; the only parties we’ve heard of to compare are Willie Gary’s.
Tagged as:
Mark Lanier,
product liability,
Willie Gary
Apple—usually the victim of plaintiffs’ attorneys (e.g., May 23; Feb. 2; Oct. 27; Aug. 9, 2005, etc.)—has decided to glorify one, Mark Lanier, with a three-page puff piece co-advertising Lanier and Mac computers. The story falsely portrays the multi-millionaire as a “David” going up against a Goliath, falsely claims he won two Vioxx cases (one of his “wins” was for fifteen dollars), and falsely claims he received a $250 million “judgment” in a Vioxx case (not so). For more on how Lanier really operates, see today’s Point of Law post and Point of Law’s Vioxx litigation coverage. (h/t W.F.)
Tagged as:
Apple,
chasing clients,
Mark Lanier
To celebrate Beaumont tobacco/asbestos lawyer Walter Umphrey’s seventieth birthday, fellow Texas Tobacco Five member John Eddie Williams took over a private aircraft hangar — Umphrey’s own, in fact — “moved out the two private jets and the helicopter, added on a two-story party tent and threw a no-holds-barred tribute to Umphrey.” Music was provided by Chuck Berry, Jerry Lee Lewis and Rotel and the Hot Tomatoes, performing on two different stages, and there was some pretty decent food too. Among the 400 attendees: gubernatorial candidate Carole Keeton Strayhorn. (Shelby Hodge, “Wild soiree in hangar was Western to the hilt”, Houston Chronicle, May 14). Of course it was a mere kaffeeklatsch compared with a Willie Gary or Mark Lanier party.
Now back to your previously scheduled news story about excessive CEO compensation.
Tagged as:
asbestos,
Beaumont,
Houston,
Mark Lanier,
Provost Umphrey,
tobacco,
tobacco settlement,
Willie Gary
Someone had been buying just about all of the advertising space on Google for most of the search terms relating to the recent Ernst v. Merck case with the headline “$250,000,000 Vioxx award,” (or, even more inaccurately, “$250,000,000 Vioxx settlement”) so I decided to see what new schemes the Internet had cooked up for chasing clients. The result is this page, which offers to “refer your Vioxx case” to “Mark Lanier law firm” to review.
The most entertaining part of the site is that there are eight check-boxes to describe the plaintiff’s symptoms, presumably so that lawyers can easily evaluate the submitted case:
Patient had Heart Attack
Patient had a Stroke
Patient had other Heart Problems
Patient Passed Away/Deceased
Patient had Unstable Angina
Patient had a Pulmonary Embolism
Patient had Arterial Thrombosis
Patient had Transient Ischemic Attack
Note the utter absence of an “arrhythmia” checkbox that would describe Robert Ernst’s symptoms, though hundreds of thousands of people suffer fatal arrthymias every year. On the other hand, given the fourth check-box, perhaps Vioxx plaintiffs’ attorneys plan to sue on behalf of everyone who took Vioxx, and then died. If they wait long enough, that will eventually be all of them. Earlier Vioxx ads/spam: Jan. 5; Dec. 22.
Tagged as:
chasing clients,
Mark Lanier,
Vioxx
Social conservative trial attorney Mark Lanier, late of the Ernst v. Merck Vioxx verdict, is contemplating a 2008 Texas Senate run, sez the New York Times. (Alex Berenson, “Vioxx Verdict Raises Profile of Texas Lawyer”, Aug. 22).
The Democrats’ complete sell-out to the litigation lobby in 2004 quite likely cost them the presidential election because of the unprecedented counter-reaction by the business lobby, and the Dems have shown no signs of ceasing their self-destructive path of obstructing tort reform in the 109th Congress. It doesn’t even look like the Party is even going to get a mess of pottage out of it, because the litigation lobby isn’t going to keep funding the Democrats almost exclusively if they can protect their billion-dollar special interests through trial-lawyer RINO Republican politicians. See also Aug. 21 and Aug. 18.
Tagged as:
Mark Lanier,
politics
