- Pennsylvania Department of Labor launches probe on whether reality-TV show “Jon & Kate Plus 8″ violates child labor laws [Pennsylvania Labor & Employment Blog, Hirsch/Workplace Law Prof via Ohio Employer's Law]
- Dispute over termination of Navy aircraft contract called “Jarndyce v. Jarndyce of U.S. legal system” [WSJ Law Blog]
- Medical tourism, cont’d: “It appears that ‘we’re easier to sue’ is the uniquely American defense to medicine outsourcing.” [KevinMD]
- New Oklahoma law protects farmers from neighbors’ suits complaining of nuisance from farm activity [Enid, Okla., News]
- For unusually bad advice on how to save GM and Detroit, Michael Moore as usual comes through [Popehat]
- Lawyer reprimanded for telling party she should be cut up, shipped overseas [NJLJ, ABA Journal]
- Call for reform of UK laws banning press interviews of jurors after verdict [Times Online first, second articles and commentary]
- Coming soon: campaign against depiction of smoking in Raymond Chandler books, Edward Hopper paintings [CEI "Open Market"]
Tagged as:
agriculture and farming,
Detroit,
don't,
medical,
Michael Moore,
nuisance,
Oklahoma,
Pennsylvania,
tobacco,
United Kingdom
Some in Britain are not happy about the combination of no-fee, no win lawyering (relatively recently legalized over there) and a taxpayer compensation scheme for medical negligence. [Times Online]. More: GruntDoc headlines his post, “In case you thought Nationalized Health would take the lawyers out of it…”.
Tagged as:
contingent fee,
medical,
United Kingdom
- Driver on narcotic painkillers crashes car, lawyer says pharmacists liable [Las Vegas Review-Journal]
- Who’s that cyber-chasing the Buffalo Continental Air crash? Could it be noted San Francisco-based plaintiff’s firm Lieff Cabraser? [Turkewitz]
- Axl Rose no fan of former Guns N’ Roses bandmate or his royalty-seeking attorneys [Reuters]
- Cheese shop owner speaks out against punitive tariff on Roquefort, now due to take effect April 23 [video at Reason "Hit and Run", earlier]
- Too many cops and too many lawsuits in city schools, says Errol Louis [NY Daily News]
- Law professor and prominent blogger Ann Althouse is getting married — to one of her commenters. Congratulations! [her blog, Greenfield] Kalim Kassam wonders when we can look forward to the Meg Ryan film “You’ve Got Blog Comments”.
- “Louisiana panel recommends paying fees of wrongfully accused Dr. Anna Pou” (charged in deaths of patients during Hurricane Katrina) [NMissCommentor]
- U.K.: “Privacy Group Wants To Shut Down Google Street View” [Mashable]
Tagged as:
aviation,
chasing clients,
free trade,
Katrina,
legal blogs,
Lieff Cabraser,
Louisiana,
medical,
music and musicians,
Nevada,
NYC,
pharmaceuticals,
prosecution,
schools
As we reported a while back, a New Jersey rheumatologist has been required to pay $400,000 to a deaf patient for refusing to provide (at his expense) a sign language interpreter for her. (Instead, he exchanged written notes with help from her family members; there is no allegation that she suffered any physical harm.) Now Stephen Dubner of Freakonomics covers the case and notes that it could have an unintended and unpleasant consequence: doctors are now given a financial incentive to find excuses to turn away deaf patients from their practice.
Tagged as:
disabled rights,
medical
I got an email asking me what happened to the case in the following post:
While his wife, Jeanette Passalaqua, was giving birth, Steven fainted in the delivery room, fracturing his skull and dying two days later. This is, says the family, the fault of Kaiser Foundation Hospitals and Southern California Permanente Medical Group Inc. “‘This avoidable tragedy was a direct result of Kaiser’s ordinary negligence in failing to exercise reasonable care to prevent foreseeable injuries to Steven,’ according to the suit, which was filed last week in San Bernardino County Superior Court.” So if your maternity ward is rubber-padded next time you go there, you know why.
So I looked it up in the San Bernardino County Superior Court docket database: the case settled almost immediately. The docket does not report the amount of the settlement, which could conceivably have been for a token amount, but one can infer that there was some substantial money involved, because the settlement required proof of the purchase of annuities for the two plaintiff minors, which normally wouldn’t be worth the transactions costs if the sums were tiny. But that inference may be incorrect. If ever I find myself in San Bernardino, maybe I’ll check the paper record to see if there’s more public detail.
Tagged as:
California,
hospitals,
medical,
settlement
- “You’ve got to be alive to be inconvenienced”: some thoughts on the withdrawal of an emergency battlefield therapy [GruntDoc]
- Yes, let’s all have a nice scare over “third-hand” tobacco smoke, or actually let’s not [Sullum, Siegel, Greenfield] And you knew they were coming: “smokeasies” [Tuccille, Examiner]
- “We are fully cooperating with the government in its investigations” (Hey, I never said “we” included my client) [WSJ Law Blog on Madoff case]
- Speech so precious it must be rationed: Yale Law Journal author proposes “Tort Liability on Websites for Cyber-Harassment” [via TortsProf]
- Rick Hills on Richardson probe: federally criminalizing state-level pay-to-play is a bad idea [Prawfs]
- Paul Alan Levy: Martin Luther King Jr. estate, much criticized for its aggressive trademark assertions in the past, deserves due credit for its handling of a case where free speech was implicated [CL&P]
- Lawyers on Craigslist: “If you practice as well as you spell, we’re golden” [Nicole Black, Legal Antics]
- Yes, I’m overhauling Overlawyered’s look and feel with the aid of Thesis, a powerful “theme” (way of changing presentation) for WordPress. Expect my tinkering to go on for a while.
Tagged as:
chasing clients,
Craigslist,
Martin Luther King,
medical,
military,
online speech,
safety,
smoking bans,
tobacco,
trademark
“Dr. Steven Hayne, the man who performed most of Mississippi’s autopsies for 20 years, has filed a defamation lawsuit against The Innocence Project.” (Howard Ballou, WLBT, Oct. 30).
Hayne has been criticized because he said he conducted about 1,500 autopsies a year, much higher than the recommended standard [of fewer than 250 -- ed.].
His testimony in two murder cases from Noxubee County turned out to be inaccurate and both men convicted in those cases were released from prison earlier this year.
One of the men had spent 15 years on Death Row for a crime he didn’t commit.
A third man has confessed to both slayings.
(”Investigation changes are needed”, Hattiesburg American, Oct. 22). As part of its campaign against Hayne, the Innocence Project sent more than 1,000 pages of material documenting its complaints to the Mississippi state medical licensure board and also denounced him to the national College of American Pathologists. (Jerry Mitchell, “Embattled doc suing Innocence Project”, Jackson Clarion-Ledger, Oct. 31). Radley Balko at Reason has been a longtime critic of Hayne (”Hit and Run”, Nov. 7), as has Lotus @ Folo. On Jun. 6, we reported on charges that Dr. Hayne’s forensic work has been of extensive assistance to plaintiff’s lawyers in Mississippi liability suits.
Tagged as:
expert witnesses,
Innocence Project,
libel slander and defamation,
medical,
Mississippi
- M.D.s and J.D.s in cahoots: when neuroradiologists over-read MRIs in search of “disc herniations” and “cord compression” [ER Stories]
- Lawyer burns his Harvard law diploma, and stop with that joking in the back row about whether there’s some way to burn all of them [ABA Journal]
- Latest lawsuit arising from fad for photos of “Hot Chicks with Dorky Men” (that’s a paraphrase) [TMZ, QuizLaw, earlier]
- Kid draws scary Hallowe’en mask, and next thing you know the police are called [Savannah Morning News]
- Great moments in international human rights: “Modern European navies are now so mindful of the legal loopholes they face in tackling pirates that they often instruct commanders to simply let them go.” [Telegraph; earlier here, here]
- China has four times the number of people we have in the U.S., while we have seven times the number of lawyers [Elefant]
- “Vaccine injury” lawyer Clifford Shoemaker fails in effort to curtail public access to fee information, so we get to learn more about his $211,663.37 bill to the government [Seidel, Neurodiversity; related here and here]
- More about that Milberg basketball team and its 6′ 8″ ringer [Supreme Dicta]
Tagged as:
Harvard,
international human rights,
medical,
Milberg Weiss,
vaccine,
zero tolerance
- Anyone suing over anything dept.: Kansas City attorney Mary Kay Green sues McCain, Palin, for supposed hate speech against Obama [KC Star, Feral Child, Above the Law; related, my article the other day for City Journal]
- Got $331K from victim fund claiming severe injuries from Pentagon 9/11 attack, yet “kept playing basketball and lacrosse and ran [NYC] marathon in under four hours two months after the attacks” [Maryland Daily Record]
- Krugman claims Fannie/Freddie not big culprits in mortgage meltdown, but Calomiris and Wallison show him wrong [Stuart Taylor, Jr., National Journal; also note this Goldstein/Hall unlabeled opinion piece from McClatchy pushing the Krugman line]
- Government bailout of newspapers? Who’s trying to float this idea, anyway? [Bercovici/Portfolio via Romenesko] Update: maybe this?
- Colluded with chiropractor to generate bills for imaginary treatment, then pocketed clients’ insurance settlements without telling them [Quincy, Mass., Patriot-Ledger; Bruce Namenson sentenced to 5 years and "cannot practice law for at least 10 years after he gets out of jail"]
- Ontario: “Killer awarded $6K over wrong shoes in prison” [National Post]
- “Is there any doubt that Lucy grew up to be a lawyer?” [Above the Law on Doyle Reports, Judge Robertson ruling in patent case]
- Jury hits Jersey City, N.J. rheumatologist with $400K verdict (including $200K punitives) for not hiring sign language interpreter at his own expense for deaf patient [NJLJ, Krauss @ PoL]
Tagged as:
chiropractors,
disabled rights,
ethics,
hate speech,
Massachusetts,
medical,
mortgages,
newspapers,
September 11
Throckmorton is taken aback by the impressive list of symptoms and preconditions brought in by a patient who, it seems, is being prepped for a disability filing or some other sort of legal claim. The result: one of my favorite blog post titles ever. (Sept. 21)
Tagged as:
disabled rights,
medical
They’ll have to assist unmarried women in giving birth even if doing so violates their religious scruples, according to a new California Supreme Court decision involving a lesbian applicant. As Bookworm Room points out (Aug. 19), and as we noted in the earlier Bay Area conscience controversy over gender-switch breast surgery, it makes a practical difference (if not one of libertarian principle) that there are plenty of other fertility clinics around San Diego that would be happy to step into the gap. The doctors in the case at hand might still escape liability because a ban on marital-status discrimination as such was not yet part of state law at the time they rejected Guadalupe Benitez; Benitez will win if she shows that the true motivating factor was her lesbianism. (Egelko, SF Chronicle, Recorder). The ruling also allows doctors to excuse themselves on the basis of religious scruples if there is a second doctor within the same practice — but not, apparently, a doctor across town at a different practice — willing to perform the work in question. And of course the legislature in Sacramento could readily help bring peace to the culture war by inserting into the law a generously drafted conscience clause — if it wanted to. More: Miller, IGF; opinion, PDF.
Tagged as:
California,
hospitals,
medical
