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politics

June 20 roundup

by Walter Olson on June 20, 2011

Politics edition:

  • Mother ship? White House staffers depart for Harvard Law School [Politico]
  • New York: “Lawmakers consider lawyer-friendly med-mal bills,” even as many key legislators moonlight at personal injury firms [Reuters]
  • David Brooks on explosive political potential of Fannie Mae scandal [NYTimes] After Kentucky bar panel’s vote to disbar Chesley, Ohio AG pulls him off Fannie Mae suit [Adler, Frank, Beth Musgrave/Lexington Herald-Leader]
  • Alabama legislature removes Jim Crow language from state constitution — but black lawmakers oppose the idea [Constitutional Daily]
  • AAJ lobbyist Andy Cochran works GOP turf, has convinced trial lawyers to sponsor Christian radio program [Mokhiber, "Seventh Amendment Advocate"]
  • Centers for Disease Control funnels grants to allies for political advocacy on favored public-health causes [Jeff Stier, Daily Caller]
  • Must have mistaken her for a jury: “John Edwards Sought Millions From Heiress” [ABC News] “One thing [worse than Edwards's] conduct is the government’s effort to put him in jail for it.” [Steve Chapman]

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By a mostly partisan vote of 50 to 44, the U.S. Senate confirmed Rhode Island plaintiff’s lawyer and political kingmaker Jack McConnell to a federal district judgeship. McConnell made his Motley Rice law firm, based in South Carolina, into Rhode Island’s biggest political donor during the same period that state officials were hiring him to run, on contingency fee, what it was hoped would be a hugely lucrative suit against former makers of lead paint. The Motley firm, with associated law firms, is credited with having made billions from tobacco and asbestos litigation and has recycled large sums into the campaign coffers of state attorneys general and other friendly politicians. [Daily Caller, Plains Daily (North Dakota contributions), Politico, ShopFloor] Earlier here, here, here, etc.

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At Cato at Liberty, I recall a couple of the tycoon’s ventures into the use of defamation litigation to intimidate critics — Reason #1,001 for thoughtful voters to stay well away from him.

P.S. And here’s Radley Balko with Reason #1,002.

February 21 roundup

by Walter Olson on February 21, 2011

  • Estate of Anna Nicole Smith may sue over opera based on her life [Daily Mail via Surber, other Daily Mail]
  • Maryland Department of Environment: yep, we put tracking devices on Eastern Shore watermen’s boats [Red Maryland]
  • Trial lawyers’ federal contributions went 97% to Dems last cycle [Freddoso, Examiner]
  • $6.5 million for family abuse: unusual sovereign-exposure law costs Washington taxpayers again [PoL]
  • Canadian court: no, we can’t and won’t waive loser-pays for needy litigants who lose cases [Erik Magraken]
  • CPSC considers mandating “SawStop” technology [Crede, background]
  • Gun groups alarmed over ATF pick [Chicago Tribune]
  • Jury blames hit-run death on wheelchair curb cut [four years ago on Overlawyered]

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Election results

by Walter Olson on November 3, 2010

Feel free to discuss in comments. Some results (our preview post from Monday is here):

* In Iowa, Rep. Bruce Braley, a former plaintiff’s lawyer and leading spokesman for trial bar interests on Capitol Hill, appears to have squeaked through, but former ATLA/AAJ president Roxanne Conlin came nowhere close in her Senate bid against incumbent Chuck Grassley.

* Demagogic attacks on Michigan Supreme Court Justice Bob Young failed, as Michigan voters retained him. Illinois Supreme Court justice Thomas Kilbride, greatly aided by cash from unions, Democrats and you-know-who, won’t pay a retention price for a lawless decision striking down legislated limits on med-mal suits.

* The New York attorney general race wasn’t that tight after all, with Democrat Eric Schneiderman winning by 11 points, nor was the Connecticut senate race, where perennial Overlawyered bete noire Richard Blumenthal won by 10. Despite suggestions that attorney general candidate Kamala Harris was too far left even for California, she was running slightly ahead in late returns.

* Rhode Island voters turned down a proposal to change the official name of their state, “”State of Rhode Island and Providence Plantations,” to appease the misplaced sensitivities of some who imagine that the word “plantations” implies a connection to slavery.

* Oklahomans ill-advisedly voted to forbid their courts from considering international law, even in the relatively narrow and well-defined circumstances where it has been traditional for them to do so. More: Roger Alford, OJ.

* Big news from Ohio, where voters turned out of office Democratic attorney general Richard Cordray, lately lionized by the New York Times as the next big activist A.G. The “next Eliot Spitzer” Times curse lives on!

* Via B.L.T., the House Judiciary Committee is set for a truly monumental ideological remake assuming that Chairman John Conyers (D-Mich.) is replaced by Lamar Smith (R-Tex.). Some changes will be coming along at Senate Judiciary as well.

* Republicans scored surprise inroads in Madison County, Illinois, the pro-plaintiff jurisdiction near St. Louis that has long generated vastly more than its share of high-ticket litigation. In particular, they managed to beat influential state representative/trial lawyer Jay Hoffman of Collinsville, a one-time floor leader for Gov. Rod Blagojevich, per reports by Ann Knef at the Chamber-backed Madison County Record and the Edwardsville Intelligencer.

* Mandatory employer recognition of unions on a “card check” basis without so much as a secret ballot? No thanks, say voters in four states [Wood; Hirsch/Workplace Prof].

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November 1 roundup

by Walter Olson on November 1, 2010

Election edition:

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Taxes and guns, eminent domain and public employee benefits: from Dan Mitchell at Cato-at-Liberty.

No, it’s not exactly going to shock anyone, it just confirms once again the ongoing role of the plaintiff’s bar as an “anchor tenant” in the organized party. [Ingram, NLJ]

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The Los Angeles lawyer springs another surprise on a gubernatorial candidate in the run-up to an election, this time Meg Whitman, who allegedly didn’t fire a housekeeper fast enough as her illegal status emerged, or perhaps fired her too fast, it’s not entirely clear. [Jim Treacher] More: Legal Ethics Forum (“As always, some question if Allred’s publicity-seeking actions are in the best interests of the client,”), Coyote (“What Kind of Freaking Lawyer is This Lady?”).

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Delaware Republicans

by Walter Olson on September 13, 2010

Senate candidate Christine O’Donnell, who’s been running even in polls leading up to tomorrow’s primary, demanded millions in a suit charging employment discrimination against her well-known conservative employer, The Intercollegiate Studies Institute. The details are worth a close look. [John McCormack, Weekly Standard] Even before the new revelations, Prof. Bainbridge was no fan.

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State attorney general races are often lacking in suspense — if only because incumbents seldom lose — but this year there are more genuine races [Joseph Kastner, Ballotpedia via Jack Harper, NRO]

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August 12 roundup

by Walter Olson on August 12, 2010

  • “Father demands $7.5 million because school officials read daughter’s text message” [KDAF via CALA Houston]
  • How many different defendants can injured spectator sue in Shea Stadium broken-bat case? [Melprophet]
  • Prominent trial lawyer Russell Budd of Baron & Budd hosts Obama at Texas fundraiser [PoL]
  • DNA be damned: when actual nonpaternity doesn’t suffice to get out from under a child support order [Alkon, more]
  • “Sean Coffey, a plaintiffs’ lawyer-turned-candidate for New York Attorney General, made more than $150,000 in state-level campaign contributions nationwide over 10 years.” [WSJ Law Blog] “Days before announcing a shareholder lawsuit against Bank of America, state Comptroller Thomas DiNapoli accepted $14,000 in campaign donations from a law firm hired to help litigate the case.” [WSJ]
  • Big new RAND Corp. study on asbestos bankruptcy trusts may spur reform [Lloyd Dixon, Geoffrey McGovern & Amy Coombe, PDF, via Hartley, more, Daniel Fisher/Forbes, background here and here] Update: Stier.
  • Public contingency suits? Of course the elected officials are in control (wink, wink) [The Recorder via Cal Civil Justice]
  • Copyright enforcement mill appears to have copied its competitor’s website [TechDirt via Eric Goldman]

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July 12 roundup

by Walter Olson on July 12, 2010

  • Kagan to senators: please don’t confuse my views with Mark Tushnet’s or Harold Koh’s [Constitutional Law Prof]
  • Too much like a Star Wars lightsaber? Lucasfilm sends a cease-and-desist to a laser pointer maker [Mystal, AtL]
  • Ottawa, Canada: family files complaint “against trendy wine bar that turned away dinner party because it included 3mo baby” [Drew Halfnight, National Post]
  • “House left Class Action Fairness Act alone in SPILL Act” [Wood/PoL, earlier]
  • Not so indie? Filmmaker doing anti-Dole documentary on Nicaraguan banana workers says he took cash from big plaintiff’s law firm Provost Umphrey [AP/WaPo, WSJLawBlog, Erik Gardner/THREsq., new plaintiffs' charges against Dole]
  • Will liability ruling result in closure of popular Connecticut recreational area? [Rick Green, Hartford Courant; earlier]
  • Class action lawyer Sean Coffey, running for New York attorney general, has many generous supporters [NYDN, more, WNYC (Sen. Al Franken headlines closed fundraiser at Yale Club)]
  • “Judge Reduces Damages Award by 90% in Boston Music Downloading Trial” [NLJ, earlier on Tenenbaum case]

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The Boston Globe reports that plaintiff’s securities law firms have become cash cows for Massachusetts Attorney General Martha Coakley and Treasurer Timothy Cahill, who oversee the pension funds that strike representation deals with the lawyers. “Spokeswomen for Cahill and Coakley said the contributions played no part in the selection of the law firms, which were chosen in a competitive process five years ago.”

“Among other things, Taitz has had trouble proving that she has standing to pursue these cases, mainly because she doesn’t.” [Lowering the Bar]

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I have an op-ed about the pending Ninth Circuit nomination, which the Senate Judiciary Committee will consider tomorrow. If some of the language sounds vaguely familiar, it stems from an earlier Ted, and it especially amused me how much more appropriate Senator Kennedy’s words were for Professor Liu than for Judge Bork.

See also The Heritage Foundation’s discussion.

Update: and Ed Whelan’s NRO piece. And Ilya Shapiro and Evan Turgeon in the Daily Caller.

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March 16 roundup

by Ted Frank on March 16, 2010

  • Are you a member of Tyson chicken or H&R Block Express IRA class action settlements?
  • Jim Copland on Harry Reid and the trial bar. [NRO]
  • Jim Copland on the Ground Zero settlement, which may pay lawyers $200 million—but the judge plans fee scrutiny. [NY Post; NY Daily News]
  • Kevin LaCroix interviews the Circle of Greed authors. [D&O Diary]
  • Judgeships: Rhode Island lead paint trial lawyer in despite mediocre rating, but Sri Srinivasan out because of his clients—not Al Qaeda, but, heaven forfend, eeeevil corporations like Hertz.
  • There’s no evidence that workers on automotive brakes (which sometimes contain asbestos) get mesothelioma at a greater rate than the rest of the population, but auto companies still get sued over it. Ford fought one in Madison County, rather than settle, and won. [Madison County Record]
  • Overview of defensive medicine at work. [AP]
  • Pantsless Rielle Hunter on John Edwards: “He’s very honest and truthful.” [GQ]

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New at Point of Law

by Walter Olson on February 20, 2010

Things you’re missing if you aren’t checking out my other site:

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