Alleged wife murderer “sues J.P. Morgan for cutting off his home equity line of credit.” Reason cited: “imprisonment”. [Joe Weisenthal, Business Insider via Fountain]
Charles Krauthammer on the need to “reform our insane malpractice system. … I used to be a doctor, I know how much is wasted on defensive medicine.” [Der Spiegel interview]
Popehat looks back on turning two, in customarily entertaining fashion [unsigned collective post]
Sigh: “Chamber of Commerce Sues ‘Yes Men’ for Fake News Conference” [ABA Journal]
Coverage mandates explain a lot about why health insurance is so much costlier in some states than others [Coyote] More: Tyler Cowen (autism treatment)
Watch out for those default judgments: PepsiCo hit with $1.26 billion award in Wisconsin state court, says word of suit never got to responsible officials within the company [National Law Journal]
Ohio appeals court: characterizing incident as “Baby Mama Drama” is not prosecutorial misconduct [The Briefcase]
Ideological tests for educators? On efforts to screen out would-be teachers not seen as committed enough to “social justice” [K.C. Johnson, Minding the Campus]
We’ve been critical of would-be class action lawsuits claiming that Coca-Coca violates consumers’ rights by sweetening its fountain version of Diet Coke with a mixture of aspartame and saccharin, rather than aspartame alone as in the supermarket version. Now the Missouri Supreme Court has rejected class-action status for such a lawsuit, reversing a lower court; it “said the classification was overly broad, because it could have covered an indefinite number of people, many of whom did not really care how their Diet Coke was sweetened.” (AP/Kansas City Star, Apr. 15).
A New York man has sued Novartis, maker of the health drink Boost Plus, saying he woke up the morning after drinking the concoction with a case of priapism — involuntary male sexual arousal — that landed him in the hospital. “The company would not comment, but its website “describes the drink as ‘a great tasting, high calorie, nutritionally complete oral supplement for people who require extra energy and protein in a limited volume,’ in vanilla, chocolate and strawberry.” Reader Michael McK. suggests that word of the lawsuit may serve to increase the drink’s sales. (”Man Sues Over Long-Lasting Erection”, AP/Breitbart, Jun. 5).
For a viral marketing campaign, Coca-Cola pranked its own in-house counsel by sending improvisational actors portraying brand-manager employees to attorneys asking if they could sue Coke Zero for tasting so much like Coca-Cola; the results are on a series of videos on YouTube. So far none of the victim lawyers have sued. (Janet Conley, “Frivolous litigation: How Coke ‘punk’d’ its lawyers”, Daily Report, Mar. 23 (via BLT)).
AEI’s incomparable Sally Satel prescribes a soothing decaf for some of the public-health agitators who are beginning to rattle their cups about Starbucks and Big Cola enslaving our children and the like. (American Journal of Drug and Alcohol Abuse, Dec. 6). See Aug. 18-20, 2000, Jun. 1, 2004, Dec. 5, 2005, May 29, 2006.
If the Forces of Disapproval ever tire of beating up on Wal-Mart, they’ll need a new business to blame for the world’s not being everything it ought. George Will thinks Coca-Cola might fill the bill (”Liberalism as Condescension”, syndicated/RealClearPolitics, Sept. 14).
Commentary on soda-tax proposals that’s equally applicable to the obesity litigation wars:
…soda, by itself, isn’t making us fat. According to numbers from the U.S. Department of Agriculture, regular soda consumption has been falling every year since 1998, but at the same time obesity has skyrocketed. In 2004, we actually drank less soda per person than in 1995, long before obesity was making headlines.
(Sara Cseresnyes and Andrew Chamberlain, “Soda Tax the Wrong Way to Help Curb Obesity”, Denver Post, Jul. 21, reprinted at Tax Foundation site) (via Radley Balko, who adds, “Yep. In fact, the beverage that has by far seen the largest increase in consumption since about 1980 is bottled water. Diet soda is second.”) Related: Lorraine Heller, “The Obesity Blame Game”, Beverage Daily, Aug. 7, and reader feedback at that publication.
More skirmishing in preparation for the expected lawsuit against soft-drink vendors over sales in Massachusetts schools (see Dec. 5, Dec. 7, Feb. 7, etc.), via a Boston Globe editorial (”Vending against obesity”, Jan. 30):
In advance of the suit, Washington lawyer John Banzhaf sent an e-mail to 50-100 school committee members in Massachusetts ”to warn of your inevitable involvement in these law suits as a named party or otherwise…”
A couple of years back, Banzhaf threatened to sue the Seattle school district for renewing a $400,000 vending-machine contract with Coca-Cola (Jul. 3, 2003). Prof. Banzhaf’s other doings, which have ensured him regular appearances on this site, include proposing lawsuits against parents of obese children and against doctors who fail to warn their obese patients about overeating (Dec. 3, 2004).
My op-ed on the litigation against Big Cola (see Feb. 2) draws an L.A. Times reader letter (Feb. 7). Also welcome Andrew Sullivan readers (Jan. 27). More by Sullivan: “Hey, these adverts are making me fat”, The Times (U.K.), Jan. 29; blog posts including Jan. 25 and Jan. 26. And see Philip Wallach, “There Are Deeper Pockets than ‘Big Soda’”, The American Enterprise, Dec. 15; John Luik, “Sponge Bob, Wide Pants?”, TCS Daily, Jan. 25; and Rogier van Bakel, Jan. 23.
On allegations of a link between food advertising and childhood obesity, see Todd Zywicki, Dec. 21 and links. According to John Hood (”Bill Won’t Stop War on Ads”, Carolina Journal, Nov. 11):
American children are now gaining weight even as they watch somewhat less commercial television than previous generations did. One study estimated that children saw about 15 percent fewer TV ads in 2003 than their counterparts did in 1994. Alas, that does not mean today’s kids are playing outside more. They simply have many more commercial-free alternatives such as premium cable, tapes and DVDs, and video and computer games.
Another unfortunate fact for advocates of regulating food advertising is that their pet idea has already been done to the max – that is, in the form of outright bans of ads targeting children – in places such as Sweden and Quebec. The obesity rate of Swedish children differs little from that of British children, however. The same is true in Quebec vs. other Canadian provinces.
Meanwhile, Jacob Sullum (”Dora the Exploiter”, syndicated/Reason, Jan. 25) comments on the Center for Science in the Public Interest’s suit against Viacom/Nickolodeon and Kellogg (see Jan. 20):
The plaintiffs say it’s not about the money. I believe them. This lawsuit, which CSPI and its allies plan to file under a Massachusetts consumer protection statute prohibiting “unfair or deceptive acts or practices,” is really about censorship. By threatening onerous damages, CSPI aims to achieve through the courts what it has unsuccessfully demanded from legislators and regulators for decades: a ban on food advertising aimed at children.
Earlier, Sullum reported on the CDC venturing into West Virginia to stalk obesity “vectors” (”Watching the Detectives”, syndicated/Reason, Aug. 26).
In its “Commentary” section, today’s Los Angeles Times carries a shortened version of my City Journal piece about the campaign to make Big Cola the next tobacco (Feb. 2). See Jan. 23, etc.
I’ve got a piece in the new issue of the Manhattan Institute magazine City Journal examining the emerging barrage of obesity suits against soft drink companies (Walter Olson, “Taking Cola to Court”, City Journal, Winter). For more, see Dec. 5 and Dec. 7. If you’re in search of a listing of all my writings in City Journal, incidentally, it’s here.
The New York Times finally weighs in on the impending case against Big Soda (see Dec. 5). Maybe it took them longer than expected to get the spin in favor of the suit just right. Prof. Daynard’s role gets somewhat downplayed this time around, the Center for Science in the Public Interest looms larger, and the most priceless bit comes at the end:
One detail yet to be decided is whether the group will seek financial damages. Under Massachusetts’s consumer protection law, successful plaintiffs are entitled to $25 per violation, which could mean $25 for every time a student has purchased a soda in a public high school in Massachusetts over the past four years.
Mr. Gardner said he and the other lawyers realize that damages could run into the billions. “We haven’t decided about this yet,” he said. “We don’t want this to come off looking like a greedy-lawyer lawsuit.”
(Melanie Warner, New York Times, Dec. 7). Comments: Volokh.
“Richard Daynard, a Massachusetts law professor who made his name working as a consultant on class actions against tobacco companies, is part of a broad effort by both private attorneys and nonprofit groups to sue Atlanta-based Coca-Cola and other soft drink companies for selling high-calorie drinks in schools.” (Caroline Wilbert, Atlanta Journal-Constitution, Nov. 29; Caroline E. Mayer, “Lawyer coalition targets soft drink manufacturers”, Washington Post/Detroit News, Dec. 4; Todd Zywicki and vast comment section; Colossus of Rhodey). In the Boston Globe magazine, contributor Michael Blanding writes supportively of “a national legal movement to make soft drinks the next tobacco” (Oct. 30).
For more on the search for ways to blame business for our collective struggle with the waistline, see many entries in our Eat, Drink and Be Merry section. More on caffeine “addiction” theories: Aug. 18-20, 2000, Jun. 1, 2004. More on vending machine suits: Jul. 3, 2003. And as regular readers know, we’ve been covering Prof. Daynard’s activities for a long time; see Apr. 21-23, 2000 and many others.
Tide turning against drug-pricing suits? Glaxo SmithKline beats back Kentucky case [Longstreth, AmLaw Daily] Court in Australia deems litigation funding pact improper as "unregistered managed investment scheme" [New Lawyer] Should docs be careful what they ask for? Michelle Mello... […]
An "uproar" has broken out over the state employee pension fund's prospective hiring of lawyers to file securities suits. "At least six firms from around the country have been courting the board of the Missouri State Employees Retirement System, or... […]
Rep. Jerrold Nadler (D-NY) has introduced H.R. 4115, the Open Access to Courts Act of 2009, to restore notice pleadings, i.e., the status quo ante Twombly and Iqbal. Nadler's news release announced the bill, "Nadler, Johnson, and Conyers Introduce Bill... […]
The NYT reports that more companies are challenging claims made in competitors’ ads. Companies that were once content to fight in grocery-store aisles and on television commercials are now choosing a different route — filing lawsuits and other formal grievances challenging their competitors’ claims. Longtime foes like Pantene and Dove, Science Diet and […]
The Washington Post covers the disclosure of e-mails from the University of East Anglia Climate Research Unit — e-mails that appear to have been subject to an FOI request and that were either hacked by an outsider or stolen and released by an insider. In one e-mail, the center’s director, Phil Jones, writes Pennsylvania State University’s [...] […]
Like Ilya, I’ve been reading Sarah Palin’s book and following her media appearances. It’s difficult to say anything original about a polarizing figure such as Palin. And no matter what you say, around half of the VC readership will be convinced you are a complete idiot (which half depending on which side you [...] […]
I got tired of hauling so many books around on plane flights, and decided to try downloading some Kindle books to my Ipod Touch. I don’t yet have a Kindle, although apparently if I am very, very good ... I know that Glenn Reynolds prefers the Ipod to read Kindle over the Kindle, but then [...] […]
Any thoughts on what the rule should be here? My sense is that numbers written using digits are much easier to quickly absorb, so I tend to write them that way whenever they refer to something that people might want to use in calculations or comparisons. I’d say, for instance, that “These books [...] […]
