In the Harrisburg Patriot-News, Ivey DeJesus trumpets the views of a “leading legal expert,” specifically “one of the country’s leading church and state scholars” who says, contrary to a state lawmaker’s assertions, that there’s no constitutional problem with reopening lapsed statutes of limitations so as to enable child-abuse lawsuits by now-grown-up complainants. Prof. Marci Hamilton is indeed a well-known church-state scholar, and there is indeed precedent for the (perhaps strange) idea that courts will not necessarily strike down retroactive legislation as unconstitutional so long as its impacts are civil rather than criminal. But it’s not until paragraph 18 that DeJesus, after introducing the expert at length by way of her academic affiliations, bothers to add a perhaps equally relevant element of her biography: she has “represented scores of victims in the Philadelphia Archdiocese clergy sex abuse case.” Why bring that up?
Posts tagged as:
Pennsylvania
- Justice done in Tewksbury, Mass. as feds won’t appeal loss in Motel Caswell forfeiture case [Institute for Justice]
- Oh, FTC: “Government Now Says Tweets Have To Include ‘The Fine Print’” [Business Insider]
- Judge lifts “no Facebook posts” order against class action objector [Paul Alan Levy, ABA Journal, earlier]
- House Judiciary Committee hearing on litigation abuse feature Ted Frank, John Beisner [link to video, Chamber-backed LNL]
- Update: minister who aided Miller-Jenkins custody-napping gets 27 month sentence [AP,earlier]
- Pennsylvania high court judge convicted on charges of using state staff for campaign [AP] Also in Pa., wife/chief aide of high court justice “has received 18 payments as referral fees for connecting law firms with clients” [Philadelphia Inquirer] “Arkansas Supreme Court Justice reports $50k gift from plaintiff lawyer” [LNL]
- Widow sues church for refusal to accept NASCAR-themed cemetery headstone [IndyStar]
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In a case that went to trial Monday in Northampton County, Pa., Megan Thode is suing Lehigh University over the C+ she was given in a graduate education course. Thode, the daughter of a Lehigh faculty member, “was attending the Bethlehem school tuition-free in 2009 when she received the poor mark in her fieldwork class. … She needed a B to take the next course of her field work requirement.” [Allentown Morning Call] Update: Judge rules against her.
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A former Bethlehem, Pa. city employee who “was charged with and ultimately pled guilty to harassment” after persistently bothering an ex-girlfriend co-worker has lost his wrongful-termination suit against the city, with the Third Circuit upholding its dismissal on summary judgment. [Eric B. Meyer]
- False medical reports lead to echo-mill conviction [Drug and Device Law]
- Leads for sale in mass tort cases: Actos $450, Yaz $400, Yazmin $400, Ocella $425 [Ron Miller]
- Ninth Circuit: securities suit vs. pharmaceutical company can’t piggyback on allegations of flawed clinical trials [The Recorder]
- Dubious management idea: subordinate policy/legislative advocacy to corporate social responsibility (CSR) department [Susan Crowley/PharmExec]
- “Former Glaxo VP: ‘The Criminalization of the Practice of Law Is Here’” [WSJ interview with Lauren Stevens]
- Given the state’s legal climate, does it really make sense for a big pharmco to retain its headquarters in Pennsylvania? [Ted Frank] Sounds rather appetizing actually: defendant J&J said to have run into Louisiana home cooking [Eric Alexander, D&D Law]
- On the life-threatening shortages of sterile injectables [earlier here, etc.] here’s the official line of Margaret Hamburg’s FDA, as dutifully transcribed by the Times: if “nearly a third of the industry’s manufacturing capacity is off line because of quality issues,” it’s because that capacity had been operating in an recklessly unsafe manner, and it in no way reflects on the FDA’s stringent new GMP regulations on manufacturing processes, with which drug makers could easily comply were they not so inured to putting up with weevils, rust and urine on the production line. Note however this significant bit: “The shutdowns have contributed to a shortage of critical drugs, and [loosely state-regulated] compounding pharmacies have stepped into the gap as medical professionals scramble for alternative sources. But several serious health scares have been traced to compounding pharmacies in recent years,” including a deadly new meningitis outbreak. [Katie Thomas, NYT]
“States with middle schools that conduct drug testing include Florida, Alabama, Missouri, West Virginia, Arkansas, Ohio, New Jersey and Texas,” as well as Pennsylvania, where the 12 year old girl in question was attending public school in Milford when subjected to the condition. [New York Times via Nick Gillespie, Reason]
From the comments: “Members of Congress, however, are not required to take such a test, as they work at less-critical tasks.” [ras]
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- Dixon v. Ford Motor Company: “The Best Causation Opinion of 2012″ [David Oliver] “Any exposure” causation: “Pennsylvania Supreme Court delivers significant asbestos ruling” [Point of Law]
- Maryland high court may consider pro-plaintiff shift from contributory negligence to comparative fault [Sean Wajert]
- In last-minute ploy, Albany lawmakers extend time limits for suing local governments [Torch via PoL, Times-Union]
- Mental diagnoses: what to do when courtroom experts armed with DSM-5 shoot from the hip [Jim Dedman, Abnormal Use]
- California appeals court, legislature decline to go along with trial lawyers’ crusade against Concepcion and class arbitration waivers [WLF, CL&P]
- Critics challenge legality of Louisiana AG’s use of contingency lawyers [Melissa Landry, Hayride]
- To curb client solicitation, NJ mulls withholding crash reports from noninterested parties for 90 days [NJLRA]
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“For more than a year, Prudhomme’s Lost Cajun Kitchen in Columbia, Lancaster County has offered a Sunday special: Diners who bring in a current church bulletin receive 10 percent off the purchase of their dinners.” Local atheist John Wolff, “who said he’s never been to Prudhomme’s, recently filed a complaint with the Pennsylvania Human Relations Commission claiming the 22-year-old restaurant should not give discounts based on religion.” The co-owner of the restaurant said the promotion was an effort to stimulate Sunday business and that she doesn’t care whether customers have any particular views on religion. [Sue Gleiter, Harrisburg Patriot-News]
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The good, the bad, and the beyond belief:
- “Ten Commandments” judge no favorite with business defendants: “Trial lawyers putting their campaign cash behind Roy Moore for Alabama chief justice” [Birmingham News via Charlie Mahtesian, Politico; same thing twelve years ago]
- From James Taranto, a brief history of Supreme Court leaks [WSJ "Best of the Web," mentions my Daily op-ed]
- Pennsylvania: Judge’s swearing-in ceremony “was filled with appreciation to those who helped him get elected, including some convicted felons” [Judges on Merit; Walter Phillips, Philadelphia Inquirer]
- Roberts just carrying forward the Frankfurter-Bickel-Bork tradition of judicial deference? [Steven Teles, Carrie Severino, further Teles] Ted Olson on just-finished Supreme Court term [FedSoc and video]
- Columnist-suing attorney doesn’t lack funding in race for appellate judgeship in Illinois’ Metro-East [Chamber-backed Madison County Record]
- Study: SCOTUS Justices time their resignations depending on political party of President [James Lindgren, Volokh]
- Alameda County judge charged with elder theft, perjury [The Recorder]
- Profile of 5th Circuit’s Edith Jones; law wasn’t her first career choice, and Cornell riots influenced her path [Susanna Dokupil, IWF]
- Courtesy Stanley Fish, Prof. Jeremy Waldron gets a long, favorable hearing in the New York Times for his let’s-suppress-hate-speech proposals [Opinionator]
- On the other hand, free speech scores huge victory in Canada as parliament mostly along party lines votes to repeal notorious Section 13 of Canadian Human Rights Act, authorizing private federal complaints over alleged hate speech [Jonathan Kay]
- “Christian Nation” historical writer and Texas curriculum reshaper David Barton sues critics; don’t let him find out what Ed Brayton keeps writing [Reason]
- Pennsylvania bill: “Crime for Minor to Post or Send Messages That ‘Emotional[ly] Distress’ Another Minor?” [Volokh]
- Norfolk, Va. business puts up a big sign protesting eminent domain scheme to seize its property; guess what happens next [Marc Scribner, Open Market]
- Chris Evans nastygram to Lipstick Alley: Has Hollywood already forgotten about the Streisand effect? [Paul Alan Levy, Mike Masnick/TechDirt] Also at Public Citizen, the dispute over a boilermaker union official’s effort to unmask an online critic has now been settled (earlier);
- Interesting bank case: “Employer SLAPPed for Suing Ex-Employee” [Shaw Valenza]
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As Radley Balko notes, it seems to vary rather widely depending on whether the wrongdoer is a student or an educator.
- Self-service arrangement: Pennsylvania judge charged with fixing her own parking tickets [Lancaster Online]
- Economist cover story: “Over-regulated America“. Obama hesitant about heavy-handed regulation? Really? [Veronique de Rugy, NRO]
- Argument for letting money market funds “break the buck” without federal backstop [David Henderson, EconLog]
- Suing apps makers? “Entertainment Lawyers Go Wild for ‘Secondary’ Copyright Lawsuits” [WSJ Law Blog] SWAT raid on Kiwi copyright scofflaw? [Balko] Despite its editor’s views, NYT finds it hard to avoid breaching copyright laws itself [Carly Carioli, Boston Phoenix] “Contempt Sanctions Imposed on Copyright Troll Evan Stone” [Paul Alan Levy] More: “obscene materials can’t be copyrighted” offered as defense in illegal download case [Kerr]
- Tenure terror: “Teacher in Los Angeles molest case reportedly paid $40G to drop appeal of firing” [AP]
- FDA rejects lead-in-lipstick scare campaign [ACSH vs. Environmental Working Group]
- A horror story of eyewitness I.D. [claim of DNA exoneration in Va. rape case; AP via Scott Greenfield]
Pennsylvania: “A York man who pleaded guilty to illegally selling prescription drugs is suing the doctor who prescribed the painkillers to him for medical malpractice and medical negligence.” [York Daily Record]
And from the same state: veteran who broke into a pharmacy to steal drugs sues Veterans Administration for not having given him better mental health counseling. [Times-Leader]
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- Spanish government fines filmmaker for movie poster showing “reckless driving” [Lowering the Bar] Siri, distracted driving, and police discretion [Balko]
- Parents taking care of their kids under Michigan program must pay $30/mo. to SEIU for representation [Joel Gehrke, Examiner]
- Stretching the Fifth: Joe Francis bad deposition behavior [Legal Ethics Forum]
- WaPo covers deep split on Consumer Product Safety Commission, left wants fifth seat filled ASAP;
- “Threat to Student Due Process Rights Dropped from Draft of Violence Against Women Act” [FIRE, background; Cathy Young/Reason]
- After $300K donation from Philadelphia trial lawyers, you may call him “Judge Wecht” [AP/WPVI]
- Court reverses $43M Madison County verdict against Ford [AP/Alton Telegraph, some background]
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According to a new study by Josh Wright for the International Center for Law and Economics. His “findings are consistent with a conclusion that Philadelphia courts demonstrate a marked and meaningful preference for plaintiffs, consistent with both the Complex Litigation Center’s intention of inviting ‘business’ from other courts and criticisms that Philadelphia’s courts provide a unique combination of advantages for plaintiffs.” [Pennsylvania Record, Point of Law]
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The disclosure of a Pennsylvania judge’s email to interested parties in a politically charged redistricting case may have stalled his hopes for advancement to the federal bench. [The Legal Intelligencer]
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My new post at Cato at Liberty celebrates investigative journalist Carla Main’s substantial victory at a Texas appeals court against a Dallas developer who didn’t like what she’d written about him in her critique of eminent domain, Bulldozed. Ted at Point of Law rounds up more links and reactions and points out that Texas is fortunate to have a relatively strong “anti-SLAPP” law protecting those who speak out on public issues from intimidation through litigation.
Unfortunately, as Ted writes, “there are dozens of other states where those who criticize the rich face tremendous risk of meritless libel suits to shut down their free speech rights.” For example, to its shame, the state of Pennsylvania has a desperately weak anti-SLAPP law which per Harvard’s Citizen Media Law Project “only applies to those petitioning the government over environmental issues.” It’s past time for lawmakers in Harrisburg and other state capitols to take needed legislative action to protect free speech from the silencing threat of litigation.
P.S. Jacob Sullum has this to say:
In our system of justice, rich people with thin skins don’t need any evidence to drag their critics into an expensive, time-consuming, anxiety-provoking legal process that lasts for years. For any journalist who has ever wondered whether he could be sued over something he wrote that reflected badly on someone (which some of us do several times a day), the answer is yes: You can be sued over anything. The suit may not be legally successful, but if the plaintiff’s goal is to punish you for the offense you caused him and make you (and everyone else) think twice before writing about him again, he wins whether or not he ultimately can prevail in court.
How very true.
- Mayor La Guardia on overlawyering [Lawrence Cunningham, Concur Op]
- Update: “Forever 21 Backs Off On Blogger Lawsuit” [Jezebel via @LawandLit, earlier]
- Pennsylvania governor Tom Corbett signs joint and several liability reform [Pittsburgh Tribune-Review]
- Legislation introduced in Trenton to overturn New Jersey Supreme Court decision OKing suits by drunk drivers against bars that served them [NJLRA, earlier]
- Angelos firm scores $495 million award against Exxon in Baltimore gas leak [Sun]
- How plea bargaining warps justice [Tim Lynch, Reason]
- California considers following New York’s lead in regulating employment of domestic workers [Workplace Prof]
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