Overlawyered » Ohio

Medical roundup

Walter Olson — Tue, 24 Apr 2012 11:02:10 +0000

Primer on “severability”: would ObamaCare fall if individual mandate struck down? [Loyola, Epstein, Shapiro, American Interest] Maybe the President picked the wrong fight: “Supreme Court’s Ratings Jump Following Health Care Hearings” [Randy Barnett]
Heritage on med-mal reform and federalism [Hans von Spakovsky; my take] A case for New Hampshire’s “early offer” med-mal proposal [Robinette, TortsProf] “Ohio’s tort reform has curbed soaring malpractice costs” [Columbus Dispatch editorial]
Madison County: plaintiff’s lawyer seeks gag order in med-mal case [MC Record]
Academics debate whether authorities should crack down on medical tourism [Cohen et al, Opinio Juris]
Shortage of physician volunteers at marathon sports events, readers of this site can guess the reason [Outside mag via White Coat]
Connecticut Gov. Malloy proposes letting home health workers rather than nurses administer pills to homebound patients, major savings foreseen [Connecticut Mirror] Related, David Henderson;
Governments now often cite HIPAA as reason not to release information regarding accidents, crimes and disasters [Glenn Cook, Las Vegas Review-Journal] How HIPAA implementation can keep patient history out of emergency medical responders’ hands [EP Monthly]
London: Red Ken has pay doc, NHS being Not His Style [Marian Tupy, Cato at Liberty]

Tags: Connecticut, emergency medicine, HIPAA, medical, medical malpractice insurance, New Hampshire, Ohio

Medical roundup is a post from Overlawyered - Chronicling the high cost of our legal system

April 4 roundup

Walter Olson — Wed, 04 Apr 2012 04:20:17 +0000

N.Y. Times editorial flays Stand Your Ground, but dodges its (non)-application to Martin/Zimmerman case; Washington Post blasts same law, doesn’t seem to realize Florida homicide rate has gone down not up; chronology as of Sunday’s evidence [Frances Robles, Miami Herald] On the disputed facts of the case, it would be nice if NYT corrected its misreporting [Tom Maguire, more, yet more]
Lawprof Michael Dorf vs. Jeffrey Toobin on president’s power not to enforce a statute [New Yorker letter]
Israeli law bans underweight models [AP/Houston Chronicle]
Is price-fixing OK? Depends on whether the government is helping arrange it [Mark Perry]
Minnesota man arrested, jailed for neglecting to put siding on his house [KSTP via Alkon]
Once lionized in press, former Ohio AG Dann now fights suspension of law license [Sue Reisinger, Corp Counsel, earlier]
How California is that? “Killer got $30,000 in unemployment while in jail, officials say” [LAT]

Tags: constitutional law, Israel, Martin-Zimmerman case, Minnesota, Ohio, self-defense, unemployment benefits

April 4 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

One way to get around courtroom camera ban

Walter Olson — Thu, 19 Jan 2012 19:16:28 +0000

Ohio TV station WOIO is re-enacting highlights of a local corruption trial with puppets. More: Lowering the Bar (“I think that all court proceedings should be reported in this way, but would settle for either puppet coverage of arguments in the U.S. Supreme Court or a full reenactment of the Rod Blagojevich trial.”)

Tags: cameras in the courtroom, Cleveland, Ohio

One way to get around courtroom camera ban is a post from Overlawyered - Chronicling the high cost of our legal system

“Battleground Ohio: John Kasich’s Collective Bargaining Reform Goes Down”

Walter Olson — Thu, 08 Dec 2011 05:48:18 +0000

At Capital Research Center, James Antle has a post-mortem on the defeat of Ohio Republicans’ ambitious attempt to turn around the public sector employment climate.

Tags: firefighters, labor unions, Ohio, police, public employment

“Battleground Ohio: John Kasich’s Collective Bargaining Reform Goes Down” is a post from Overlawyered - Chronicling the high cost of our legal system

November 11 roundup

Walter Olson — Fri, 11 Nov 2011 11:56:20 +0000

Manhattan Institute’s “Trial Lawyers Inc.” series looks at cozy relations between state attorneys general and plaintiff’s bar [report, related featured discussion, Copland, Examiner] Report comes down hard on Ohio’s Richard Cordray, nominee to head CFPB [Copland, Gorodetski/PoL] Judge tosses Cordray suit against credit rating agencies [O'Brien/LNL, Krauss/American Thinker] Iowa Attorney General Tom Miller denounces report [IowaPolitics.com]
“The Tort of Internet Mobbing Is Perfect For Suing The Internet” [Popehat]
Canada faces challenge to hate speech law [Arthur Bright, Citizen Media Law] Do not put a frog down Her Majesty’s back at the county fair [Lowering the Bar]
“Markopolos eyes a fortune from BNY whistleblowing” [Felix Salmon] “Bounty hunters in Korea” and closer to home [Alex Tabarrok] “Developments in Whistleblower Laws: Advantage Whistleblower” [Larry Wood & Richard William Diaz, Federalist Society "Engage"]
As third party liability for crime anecdotes go, the case of Bonilla v. Motel 6 is on the lurid side [Point of Law]
Prospect of cyberwar: official U.S. response is commando lawyering [Stewart Baker, Foreign Policy]
Why it’s hard to stimulate manufacturing through product liability reform in one state [Rick Esenberg]

Tags: attorneys general, free speech in Canada, Iowa, Manhattan Institute, Ohio, product liability, third party liability for crime, whistleblowers

November 11 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Great moments in public sector unionism

Walter Olson — Tue, 08 Nov 2011 05:24:57 +0000

“U Raise ‘Em/We Cage ‘Em” t-shirts from a California law enforcement union [Radley Balko] From the same source, “NYPD cops demand the right to be corrupt.” And on Friday at Cato at Liberty, I gave my take on Ohio’s vote today on whether to approve a package of laws reining in public employee unionism.

More on Ohio’s S.B. 5, including political post-mortem: Michael Barone, Mark Steyn, Ted Frank, Mickey Kaus, Mytheos Holt. Philip K. Howard points out in the WSJ that the LIRR’s disability epidemic is “hardly unique – 82% of senior California state troopers are ‘disabled’ in their last year before retirement” [WSJ; more on LIRR, Nicole Gelinas] Radley Balko has another revealing police union vignette, this time from an incident in which an off-duty cop led another cop on a high-speed chase. And from Brian Strow [Western Kentucky], “Stop, Drop, and Roll: The Privileged Economic Position of Firefighters” [Library of Economics and Liberty]

Tags: labor unions, NYC, Ohio, police, public employment

Great moments in public sector unionism is a post from Overlawyered - Chronicling the high cost of our legal system

Update: ousted Congressman sues opponents for “loss of livelihood”

Walter Olson — Tue, 01 Nov 2011 06:00:34 +0000

Updating our story of last December: A federal judge has given the go-ahead to former Rep. Steve Dreihaus’s suit against the anti-abortion Susan B. Anthony List for allegedly falsely characterizing his stands on issues during last year’s race, thus causing him to lose. Earlier, Driehaus had filed a complaint against the Anthony List under Ohio’s remarkable False Statements Law, “which criminalizes lying about public officials” and has been assailed by the ACLU among other groups as inconsistent with the First Amendment. [Seth McKelvey, Reason; Peter Roff, U.S. News]

Tags: campaign regulation, libel slander and defamation, Ohio, U.S. House of Representatives

Update: ousted Congressman sues opponents for “loss of livelihood” is a post from Overlawyered - Chronicling the high cost of our legal system

Cordray to CFPB

Walter Olson — Mon, 18 Jul 2011 15:20:47 +0000

It appears President Obama “will nominate former Ohio Attorney General Richard Cordray to be the first director of the Consumer Financial Protection Bureau (CFPB),” according to my colleague Mark Calabria, who recounts Cordray’s mixed record on topics of business litigation (he withdrew an abusive lawsuit against lead-paint manufacturers, while also campaigning against foreclosures). Earlier coverage here.

P.S. Daniel Fisher at Forbes reports that securities class action lawyers appear to adore Cordray, to judge from his campaign finances. John Berlau finds him inclined toward heavy-handed regulation, while Neil Munro wonders about his data privacy defense record.

Tags: banks, Ohio, securities litigation, Wall Street

Cordray to CFPB is a post from Overlawyered - Chronicling the high cost of our legal system

Feds require Dayton police department to lower hiring standards

Walter Olson — Thu, 24 Mar 2011 13:16:51 +0000

“The [U.S. Department of Justice] has forced other police departments across the country to lower testing standards” on the grounds “that not enough black candidates were passing.” [WKEF (auto-plays video) via Perry]

Tags: Ohio, police, testing

Feds require Dayton police department to lower hiring standards is a post from Overlawyered - Chronicling the high cost of our legal system

February 5 roundup

Walter Olson — Sat, 05 Feb 2011 19:33:05 +0000

Thomas Sowell on EPA dairy-spill regulations [NRO, earlier at Cato here and here] It’s the miracle federal agency: “What doesn’t the EPA do?” [ShopFloor]
President’s State of the Union medical malpractice gesture, cont’d [PoL, more, Ted Frank/Examiner, NJLRA, related, earlier here, here, here, here, here, here, here, etc.]
Fired minor-league Yankees mascot files wage-hour suit [ESPN]
Ohio sheriff prepares criminal complaint against reporter for asking him questions [WHIO via Balko]
It all happened so suddenly: Henry Waxman now disapproves of the use of subpoenas for fishing expeditions [Mark Tapscott, Examiner; earlier]
Should hospitals ban cameras from childbirth? [NYT "Room for Debate" with contribution from Jim Harper, Cato Institute]
Non-”flagrant” trespassing OK? Tort liability shift in Third Restatement [PoL]
Nope: “At this time, I would like to formally accuse Walter Olson of having an intern or something.” [Ron Miller]

Tags: agriculture and farming, Barack Obama, baseball, Environmental Protection Agency, Henry Waxman, hospitals, medical malpractice, Ohio, privacy, trespassers, wage and hour suits

February 5 roundup is a post from Overlawyered - Chronicling the high cost of our legal system