- Bill McKibben et al press Boycott, Divestment and Sanctions against energy producers, hint at direct action [Andrew Sullivan]
- Billion-dollar compensation program may be unstoppable, though: “Cancer Not Increased by Exposure to World Trade Center 9/11 Attack Debris” [Ronald Bailey, Ted Frank/PoL, earlier here, here, here, here, etc.]
- “EPA cries ‘uncle’ in face of lawsuit, withdraws threat against W.Va. chicken farmer” [David Martosko, Daily Caller]
- Jim Manzi finds lead-and-crime thesis less “blindingly obvious” than does Kevin Drum [NRO, and Drum's response]
- In state’s dispute with EPA, plenty of Virginia moderates think federal agency has overreached [A. Barton Hinkle, Richmond Times-Dispatch]
- “Lawsuits seek to generate “awareness” of global warming, costs states a bundle” [@andrewmgrossman on Laurence Hurley/EENews story; Michael Greve/Liberty and Law]
- EPA’s departing Jackson has been poster child for “we can’t wait” governance approach [Jim Huffman]
Posts tagged as:
September 11
- Nebraska Sen. Johanns proposes bill to curb EPA surveillance overflights (which, contrary to some erroneous reports going around, are manned flights) [Daily Caller, earlier]
- “Time to Discard the Precautionary Principle at the CPSC” [Nancy Nord]
- Victimology beats science with 9/11 dust fund [Point of Law, ACSH] Two NYC plaintiff’s firms fight over $50 million in 9/11-responder fees [Reuters]
- “Court dismisses climate change ‘public trust’ suit” [Katie Owens, WLF]
- Erin Brockovich promotes Fridley, Minnesota cancer cluster, local man “eager to hear” her spiel [StarTrib, earlier]
- Jonathan Adler guestblogs on environmental policy at The Atlantic [Volokh]
- Businesses’ donations on environmental advocacy? Never trust content from “Union of Concerned Scientists” [Ron Bailey]
- Talking back to “Gasland,” the anti-fracking advocacy flick [Ron Bailey and more, Mark Perry, Business Week on local economic impact]
- A pack of gum, e.g.: “What the Proceeds of a BlackBerry Class Action Could Buy” [Rebecca Greenfield, Atlantic Wire]
- A million law firm ads later: “Pfizer’s Anti-Smoking Drug [Chantix] Isn’t Riskier Than Patches, FDA Says” [Bloomberg]
- Over 9/11 attacks: “Court Recommends al-Qaida Pay $9 Billion to Insurers” [NYLJ]
- Green alarmism over cosmetics — justified? [Dana Joel Gattuso, CEI; related here, here]
- Arpaio-Thomas follies continue in Arizona courtroom [Coyote, earlier]
- Upcoming: November 4 conference “Silenced” in D.C. on blasphemy laws and hate speech; Bruce Bawer, Nina Shea et al. [Federalist Society]
- “I dreamed I swayed the jury… in my Maidenform bra” [Retronaut, scroll]
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- Dodd-Frank, arms-trade laws serve to entrench bigger business against smaller [Tim Carney, Rand Simberg] Similarly with automakers and coal producers [David Henderson]
- One guess as to why: “Many Physicians Feel They’re Delivering Too Much Care” [WSJ health blog, CJAC] Insurers report incidence of med-mal claims has dropped, severity has increased [National Underwriter] Roundtable on defensive medicine [Orthopedics Today]
- Pinball Hall of Fame adversary doesn’t like being called a vexatious litigant [Las Vegas Weekly via @loweringthebar]
- U.K. “Solicitors from Hell” gripe site has so far defied multiple efforts to shut it down [Independent]
- WTC dust inhalation suits grind on on despite doubts on scientific effect [PoL, more] “Improbable Chain of Events Dooms Con Ed’s 9/11 Lawsuit” [Mark Hamblett, NYLJ]
- Nathan Glazer’s work in perspective, and an interview [City Journal];
- In the mail: Curtis Wilkie’s Dickie Scruggs book, “The Fall of the House of Zeus.”
- A San Francisco cosmetic surgeon sues her online critics — in Virginia? [Paul Alan Levy, CL&P]
- SCOTUS ruling in “cat’s-paw” case could gut summary judgment in many bias suits [Hyman]
- Cuomo spokesman’s smart retort to Litigation Lobby attack on Medicaid reform panel [LoHud.com]
- “Tennessee Cops Posed as a Defense Attorney To Get Suspect To Incriminate Himself” [Reason]
- “Illinois golfer not liable for head shot” [Lowering the Bar]
- Trade friction mounts due to anti-India provisions in Zadroga (9/11 recovery workers) compensation bill [PoL]
- Is a tax-funded federal nonprofit entity funneling money to environmental suits against the government? [Ron Arnold, Examiner]
- FCRA class action deemed “lawsuit abuse problem in a nutshell” [Examiner editorial]
- “Fatherhood by Conscription: Nonconsensual Insemination & the Duty of Child Support” [Michael Higdon, SSRN via Instapundit]
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- Trouble with hunting bad/burdensome regulations: most of them have entrenched advocates [NY Times] “Obama — the Great Deregulator?” [Jeff Jacoby, Boston Globe]. Earlier here and here;
- Now we find out: tax hikes on outsourcing in 9/11 compensation bill infuriate India, were never vetted by Hill tax panels [PoL; more on Easter eggs in bill] Law firm that advertises for 9/11 dust clients is fan of Sen. Gillibrand [Stoll]
- France will stop censoring some historical images of smokers in ads [NY Times]
- “2010: The Year of the Angry, Company-Suing Plaintiff” [WSJ Law Blog] “The most sued companies in America” [Fox Business, counting federal-court suits only]
- Death by drunk driving: As bad as purposeful murder? Worse? [Greenfield]
- EPA gets specific on its plans to advance “environmental justice,” combat disparate racial impact in project siting, etc. [WLF, Popeo, earlier here, here, here, etc.]
- Winners of Chamber’s “Most Ridiculous Lawsuits of 2010″ competition [US Chamber ILR]
- “If the FCC had regulated the Internet” [Jack Shafer, Slate]
Lowering the Bar (channeling Dave Eyvazzadeh at Wired/Autopia) has some word on other unusual lawsuits filed by that Hillsborough, Calif. man who’s suing multiple defendants over San Francisco Airport noise and congestion [earlier]
- The wages of addiction: former basketball star Roy Tarpley settles his $6.5 million ADA lawsuit against NBA and Dallas Mavericks [Randy Galloway, Fort Worth Star-Telegram, Sports Law Blog]
- One result of litigation-fed “vaccines cause autism” scare: parents turn to dangerous quack treatments [Arthur Allen, Slate; in-depth coverage at Kathleen Seidel's and Orac's sites]
- Julie Hilden on First Circuit “true statements can be defamatory” ruling [FindLaw, earlier here and here]
- More coverage of conviction of Kentucky lawyers for grabbing much of fen-phen settlement [Louisville Courier-Journal, earlier]
- Judge dismisses most counts in lawsuit against Richard Laminack of Texas’s O’Quinn law firm [Texas Lawyer, earlier; FLSA overtime claims remain]
- All but three of the outstanding 9/11 airline suits due to settle for $500 million [AP/NorthJersey.com]
- One needn’t make the Community Reinvestment Act a scapegoat for unrelated credit woes to recognize it as an ill-conceived law [Bank Lawyer's Blog]
- U.K.: Woman who plays classical music to soothe horses told she must pay for public performance license [Telegraph]
The New York Times quotes my testimony to the hearing on H.R. 847.
Unfortunately, the story incorrectly refers to AEI as a “lobbying organization,” which it is definitively not. It is unimaginable how the Times could have made this mistake, given that just three weeks ago, they had to correct an identical mistake; the senior editor has promised me a correction.
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I just got to the September 15 issue near the bottom of my pile of unread mail, and there’s an excellent piece of reporting by Jennifer Kahn on the case of James Zadroga, the police officer who worked at Ground Zero in the wake of 9/11 whose death was attributed to exposure to dust and was a symbol for the thousands of plaintiffs in that litigation–until the New York medical examiner found evidence that prescription drug injections were responsible for the lung scarring. Kahn’s article is tremendously damning on that question. Zadroga’s name was successfully used to get legislation passed in New York state, and similar legislation (on which I testified) is pending in Congress to open the taxpayer fisc to thousands of questionable claims.
- 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]
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“A federal judge in Manhattan took the unusual step on Thursday of overturning settlements in four lawsuits filed on behalf of victims of the Sept. 11 attacks, saying the firm that negotiated the deals was seeking excessive legal fees and that the settlement amounts themselves were unreasonable.” Judge Alvin Hellerstein declared that to give the Maryland-based firm, Azrael, Gann & Franz $7 million for representing four Pentagon workers’ families “would reflect a very large windfall,” given that the firm’s “entire strategy seems to have been to coast on the work of others.” Hellerstein also noted that the settlement figures, averaging $7 million per victim, seemed out of line with earlier 9/11 awards for the families of modest wage earners. (Benjamin Weiser, “Judge Overturns Accords in 4 Suits by 9/11 Victims”, New York Times, Jul. 26). More: David Giacalone.
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Rep. Sheila Jackson-Lee posed additional questions to me about my congressional testimony on the legislation to expand the 9/11 Victim Compensation Fund to cover Ground Zero dust litigation and “psychological injury.” I have posted my answers on line.
Longtime Overlawyered readers may remember my tut-tutting the original proprietor of the Bizarro-Overlawyered site for misrepresenting a Southern District of New York opinion by claiming that its disposition of a Rule 12(b)(6) motion was an affirmative finding of fact that Christine Todd Whitman had acted improperly in the wake of the September 11 attacks. (In fact, all the court did was rule that the case could go forward on the allegations of the plaintiffs’ complaint.) The Second Circuit has now spanked the district court for going even that far, and tossed the entire case, ruling that this was not an appropriate inquiry for the judicial branch, given the risk that officials will be deterred from making public statements if they could be held liable for allegedly making a mistake. Good analysis of Benzman v. Whitman by Stephen Bergstein via Bashman.
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