Posts Tagged ‘Steve Berman’

Environmental roundup

  • Plaintiffs in Michigan v. EPA, now before U.S. Supreme Court, argue that cost-no-object regulation oversteps EPA’s authority [The Economist, Ilya Shapiro on Cato’s amicus brief]
  • Apex predator? Class action firm and perennial Overlawyered favorite Hagens Berman sues Sea World demanding consumer refunds over animal handling [Orlando Sentinel, San Antonio Business Journal]
  • Privately designed and operated cities can provide answers to tough growth questions [Alex Tabarrok and Shruti Rajagopolan]
  • Following pile-on of publicity and lawsuits over formaldehyde levels in flooring, Lumber Liquidators distributes free test kits to consumers, gets sued over that too [Bloomberg, related]
  • Florida Fish and Wildlife Commission won’t charge men who posted Facebook video of their hang-out with an apparently injured Great Horned Owl, but feds might [Lowering the Bar]
  • Urban markets often blocked from providing supply of affordable housing [Adam Hengels, Market Urbanism] “Minimum parking requirements in the planning profession are closely analogous to bloodletting in the medical profession.” [Donald Shoup via Tabarrok]
  • In Louisiana, legacy lawsuits over past oil and gas drilling roil Plaquemines Parish [WWL]

Medical roundup

  • “Embattled Broward Health paid law firm $10.2 million; tab included a lawyer’s M&Ms” [Miami Herald]
  • “Journalists were not very interested in the areas of vaccine policy that are actually debatable. They just wanted to find fools and laugh at them.” [Matt Welch]
  • Wider access to pharmaceutically based drug rehabilitation may be sound policy. But is it compelled by the ADA? [Huffington Post via @sbagen]
  • Kamala Harris carries water for the SEIU in a hospital deal, and Californians are the losers [John Cochrane]
  • Drug case: “Hagens Berman argument ‘gives new meaning to frivolous,’ judge says; sanctions imposed” [ABA Journal]
  • California: Kaiser Permanente “ordered to pay woman more than $28 million” [L.A. Times]
  • “Bacteria can evolve. So can McDonald’s. Maybe federal policymakers can as well, before it’s too late.” [Steve Chapman]

Apple: “Betrayed by its own law firm?”

Lawyer in Apple’s law firm turns out to have been secretly advising and investing in patent-holding entity (repped by Hagens Berman) preparing a legal onslaught against Apple. “Why didn’t Morgan Lewis … see an ethical problem in letting one of its partners invest in a patent troll, especially one specially designed to target one of the firm’s big clients? And how many other big-firm lawyers are entwined with ‘start-ups’ that are actually holding companies, created to attack the very corporations they are supposed to be defending?” [Joe Mullin, Ars Technica via @tedfrank]

August 11 roundup

  • Seattle’s best? Class action lawyer suing Apple, e-publishers has represented Microsoft [Seattle Times, earlier]
  • “Disabled” NYC firefighter/martial arts enthusiast can go on getting checks for life [NYPost; compare]
  • After the FDA enforcement action on drug manufacturing lapses come the tagalong liability claims by uninjured plaintiffs [Beck]
  • “What If Lower Court Judges Weren’t Bound by Supreme Court Precedent?” [Orin Kerr]
  • settles a patent suit for $0 (rough language);
  • Canadian law society to pay $100K for asking prospective lawyers about mental illness [ABA Journal]
  • Self-help eviction? “Chinese Developers Accused Of Putting Scorpions In Apartments To Force Out Residents” [Business Insider]

October 6 roundup

All-blog edition:

Alex Beam on Eskimo global-warming suit

Don’t expect the much-hyped Kivalina suit to bring down Big Energy, the columnist says, but it might just keep the lawyers at Hagens Berman in BMWs:

The Inupiat Eskimos are perfect, jury-worthy plaintiffs. They have occupied their tiny barrier reef, just a few feet above sea level, “since time immemorial,” according to the lawsuit. They are poor. They live in harmony with nature, according to the documentary. (Pay no attention to those all-terrain vehicles zipping around town, and the kid flashing the gang sign.) …

Some judges may be liberal, but they’re not idiots. They know that utilities sold electricity to Americans because their customers wanted to jack up the AC. In fact, there isn’t a utility in America that hasn’t spent the past 20 years begging its customers to use less oil and gas. There is an inconvenient truth if I ever saw one.

Not to be missed (“Eskimos, whales, and luaus…Oh my!”, Boston Globe, May 24).

Inside the Eskimo global-warming suit

Looks like we’ll be hearing a lot more about the “Kivalina” (Alaskan Inupiat village) climate-change suit:

Over time, the two trial lawyers [Stephen Susman of Texas and Steve Berman of Seattle, both familiar to longterm readers of this site] have become convinced that they have the playbook necessary to win big cases against the country’s largest emitters. It’s the same game plan that brought down Big Tobacco. And in Kivalina — where the link between global warming and material damage is strong—they believe they’ve found the perfect challenger.

In February, Berman and Susman—along with two attorneys who have previously worked on behalf of the village and an environmental lawyer specializing in global warming—filed suit in federal court against 24 oil, coal, and electric companies, claiming that their emissions are partially responsible for the coastal destruction in Kivalina. More important, the suit also accuses eight of the firms (American Electric Power, BP America, Chevron, ConocoPhillips, Duke Energy, ExxonMobil, Peabody Energy, and Southern Company) of conspiring to cover up the threat of man-made climate change, in much the same way the tobacco industry tried to conceal the risks of smoking—by using a series of think tanks and other organizations to falsely sow public doubt in an emerging scientific consensus.

(Stephan Faris, “Conspiracy Theory”, The Atlantic, June). For the theory of legally wrongful participation in public debate (as one might call it), as it surfaced in the tobacco litigation, see, for example, this 2006 post.

More background on the suit at the Native American Rights Fund’s blog, here and here, and at attorney Matthew Pawa’s site. Carter Wood at NAM “Shop Floor” links to a report by the American Justice Partnership and Southeastern Legal Foundation (PDF) entitled, “The Most Dangerous Litigation in America: Kivalina“.

Yet more: Northwestern lawprof David Dana has a working paper at SSRN entitled “The Mismatch between Public Nuisance Law and Global Warming” (via Sheila Scheuerman/TortsProf). Abstract:

The federal courts using the common law method of case-by-case adjudication may have institutional advantages over the more political branches, such as perhaps more freedom from interest group capture and more flexibility to tailor decisions to local conditions. Any such advantages, however, are more than offset by the disadvantages of relying on the courts in common resource management in general and in the management of the global atmospheric commons in particular. The courts are best able to serve a useful function resolving climate-related disputes once the political branches have acted by establishing a policy framework and working through the daunting task of allocating property or quasi-property rights in greenhouse gas emissions. In the meantime, states do have a state legislative alternative that is preferable to common law suits, and that federal courts can facilitate without any dramatic innovations in federal preemption or dormant commerce clause doctrine.