Chronicling the high cost of our legal system
Posts tagged as:
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]
{ 2 comments }
{ 2 comments }
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]
{ 2 comments }
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]
{ 1 comment }
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.
{ 1 comment }
{ 1 comment }
Federal design standards have changed, so many little-used ADA sidewalk ramps in Berks County, Pa. and elsewhere will be torn up at great expense and replaced with new little-used ramps. “The borough [of Lyons, Pa.] has only a few sidewalks — with most yards running right to the street — so the ramps generally lead to areas that would seem difficult for wheelchairs to cross.” [Reading Eagle, h/t Tad DeHaven] More: Chris Fountain.
{ 24 comments }
In Scranton, Pennsylvania, the police union has filed a grievance with the state collective bargaining board over a drug arrest made by police chief Dan Duffy in March, “because the chief is not a member of the collective bargaining unit and was ‘off duty’ when the March 20 arrest was made. ‘I think it’s absurd. I’m not going to turn my head on crime that takes place,’ Chief Duffy said. ‘I took the same oath (as a police officer) that everyone else took.’” [Times-Tribune via Taranto]
{ 8 comments }
{ 5 comments }
St. Luke’s Hospital in Pennsylvania’s Lehigh Valley is suing a lawyer and law firm “for proceeding with cases that the attorneys [allegedly] knew were ‘baseless and lacking in evidence,’” and is also suing an expert for allegedly filing a “boilerplate” certificate of merit. The cases in question are among many filed claiming that patients were killed by notorious “Angel of Death” nurse Charles Cullen; hospitals say that while some of the suits were filed on behalf of actual Cullen victims, others piled on seeking compensation for bad outcomes that had nothing to do with the murderer. Damages for wrongful litigation are notoriously hard to win in American courts. [White Coat]
After questions are raised about the timing of her claimed visits, a serial ADA plaintiff — represented by a law firm we’ve had occasion to mention before, Schwartz Zweben & Associates — drops complaints against several restaurants and other small businesses in Pennsylvania [Sunbury Item]
{ 1 comment }
{ 3 comments }
After a video went viral showing a distracted shopper walking into a mall fountain, it’s not clear that much of anyone would have known that the blurry figure was Ms. Marrero. They know now, though, as her lawyer talks about holding someone “responsible” for the less-than-professional reaction of security, which included laughing and not going up to her to confirm that she wasn’t hurt. [Mediaite, Balasubramani, Salon, Popehat, MSNBC "Technolog", Mystal]
{ 6 comments }
The Pennsylvania attorney general has sued a debt collection company in Erie, charging that it operated a bogus “courtroom” to mislead or confuse debtors. “Consumers also allegedly received dubious ‘hearing notices’ and letters – often hand-delivered by individuals who appear to be Sheriff Deputies – which implied they would be taken into custody by the Sheriff if they failed to appear at the phony court for ‘hearings’ or ‘depositions’,” claims AG Tom Corbett [Corbett press release; WTAE]
{ 18 comments }
Pennsylvania: “The Lower Merion School District will pay $610,000 to settle lawsuits over its tracking of student laptop computers, ending an eight-month saga that thrust the elite district into a global spotlight and stirred questions about technology and privacy in schools.” Specifically, $175,000 will go to two students who sued, and $425,000 to their lawyer, while lawyers and computer specialists hired by the school in its defense have billed more than $1 million. “And the attorney for at least one other student has notified the district that he was contemplating a lawsuit.” [Philadelphia Inquirer, Balko, Kennerly]
{ 9 comments }
{ 2 comments }
The historic town of Mauch Chunk, Pa. changed its name to Jim Thorpe, Pa. as part of a deal to honor the Native American-descended athlete. Now a lawsuit is invoking the Native American Graves Protection and Repatriation Act of 1990 (NAGPRA) to demand removal of Thorpe’s remains to Oklahoma [Never Yet Melted]
Meanwhile, scientists, universities and museums are considering their legal options in the face of new Interior Department interpretations of NAGPRA mandating “that after appropriate tribal consultation, transfer of culturally unidentifiable remains is to be made to a tribe from whose tribal or aboriginal lands the remains were excavated or removed.” [Indian Country Today, April; earlier posts on Kennewick Man controversy]
Get your copy today! My new book tackles the question of why so many bad ideas come from the law schools. "Cutting-edge commentary, hard-hitting, witty, astute." -- Publisher's Weekly. "Excellent... A fine dissection of these strangely powerful institutions" -- Wall Street Journal.
Individual liberty, free markets, and peace: the world's premier libertarian think tank. Publishes Cato at Liberty, where I blog on contemporary policy issues.