- Supreme Court disbars Bill Lerach [Richard Samp, WLF] And check out the byline of the former class-action king’s recent contribution to The Nation; do you think it omits anything material? [h/t Bob Lenzner]
- Ted Frank guessed right on outcome of Wal-Mart case but still lost big betting on it [PoL]
- After feds seize online bettors’ money, Anne Arundel County, Maryland police department crows over windfall [CEI] And c’mon Maryland, surely we in the home state of H.L. Mencken and Frederick Douglass can do better in the liberty rankings than this;
- “Wrongful-Death Lawsuit Filed After Man Killed by Rooster” [Lowering the Bar]
- Hotel union behind California bill mandating fitted sheets [Daily Caller, earlier]
- Fifth Circuit upholds constitutionality of Texas law banning barratry (stirring up litigation) [Christian Southwick, Legal Ethics Forum]
- A Linda Greenhouse column I agree with? One of us must be slipping [vagueness in criminal statutes, see related Harvey Silverglate]
Posts tagged as:
Texas
“Houston plaintiffs’ attorney Warren Todd Hoeffner, whose criminal case ended in a mistrial in October 2009, has struck a deal with federal prosecutors. Prosecutors agreed to defer a new trial for one year on the criminal charges against Hoeffner. Among other conditions, the agreement calls for Hoeffner to pay the government $2,485,000 and agree to a voluntary suspension of his Texas law license for two years.” Prosecutors said Hoeffner paid millions to insurance company claims department employees in the course of obtaining $34 million in silicosis payouts; his lawyers argued at trial that the employees extorted consideration as a condition of approving otherwise fair settlements. [Brenda Jeffreys, Texas Lawyer; earlier here and here]
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- Reforms billed as loser-pays advance in Texas, but they’re very scaled-down [WSJ, WLF and more, Legal Blog Watch, Wood/PoL, Cary Gray/Houston Chronicle, WSJ Law Blog, earlier]
- “Refutation of Toyota sudden acceleration hysteria doesn’t stop Toyota sudden acceleration litigation” [Ted at PoL]
- “Five Questions With Legal Scholar Richard Epstein” [Jamie Weinstein, Daily Caller; his views on Title IX]
- Employers glad for small favors: “Refusing to Hire Applicant Who Fails Drug Test Not an ADA Violation” [Robin Weideman, California Labor and Employment Law Blog; Ninth Circuit]
- “Study Shows Litigation Doesn’t Improve Nursing Home Safety” [Studdert et al, NEJM via Daniel Fisher]
- Risperdal? No thanks: “Mother battles Michigan over daughter’s medication” [AP]
- Personal-injury litigation plummets in Australia following enactment of state-level reforms [seven years ago on Overlawyered]
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Loser-pays, long the law in Alaska, is stirring significant interest in Texas these days. Ryan Brennan of TPPF makes a case for the reform [PDF] and discusses some of the choices involved in structuring it.
P.S. Tracking for S.B. 13 and H.B. 274. And more on pending Texas omnibus liability reform legislation from Texans for Lawsuit Reform and its Balance Texas Courts project.
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- “Woman Sues Adidas After Fall She Blames on Sticky Shoes” [Lowering the Bar]
- Texas lawmakers file loser pays proposals [SE Tex Record] Actual scope of proposals hard to discern through funhouse lens of NYT reporting [PoL] Marie Gryphon testimony on loser-pays proposals in Arkansas [Manhattan Institute, related]
- Google awarded patent on changing of logo for special days [Engadget via Coyote]
- “Civil Gideon in Deadbeat Dad Cases Would Be ‘Massive’ Change, Lawyer Tells Justices” [Weiss, ABA Journal, Legal Ethics Forum]
- Amateur-hour crash-fakers in Bronx didn’t reckon on store surveillance camera [NY Post]
- “Plaintiffs’ Lawyers in Cobell Defend $223M Fee Request” [BLT]
- Show of harm not needed: FDA kicks another 500 or so legacy drugs off market, this time in the cold-and-cough area [WaPo]
- “Wal-Mart v. Dukes: Rough Justice Without Due Process” [Andrew Trask, WLF]
For years the Lone Star State led the nation in the volume of asbestos litigation filed in its courts, much of it dubious, but that has changed drastically in recent years. A new report from the Texas Civil Justice League (PDF) says the state’s reforms have worked well:
The great bulk of asbestos litigation in Texas resulted from entrepreneurial activity by lawyers who filed lawsuits on behalf of tens of thousands of people suffering no discernable illness. Enterprising lawyers then decided to replicate the asbestos-litigation model with silica litigation, again filing cases on behalf of thousands of people suffering no injury. With the passage of S.B. 15 in 2005, the Texas Legislature took a leading role in the national effort to end the abusive aspects of asbestos and silica litigation.
Claims without significant impairment were moved to an “inactive docket”, while cases alleging malignancy — which make up most of the docket of what are regarded as stronger asbestos cases — were expedited in several ways, particularly for claimants who were alive during the process. At the same time, Texas law and judicial practice were developing in other ways so as to allow easier dismissal of unmeritorious silica claims, and to hold asbestos claimants to a standard of causation more similar to that of other toxic torts (Borg-Warner v. Flores). The study examines and defends these developments as well. More: Chamber-backed Legal NewsLine.
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According to a Texas hospital, a lawyer called its patients’ rooms more than 1,000 times over a three-month period “with the obvious intent to solicit employment.” An accident victim filed a complaint with the hospital, and now attorney Fisher faces possible reprimand or worse before the state Commission for Lawyer Discipline. [Courthouse News]
Right now Alaska is the only one of the fifty states with a serious loser-pays rule. If Texas adopted anything similar, the idea would get a massive boost nationally. [Gov. Rick Perry press release; Bob Dorigo Jones; Orange County Register; William Weaver, Indianapolis Star]
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- Texas Gov. Rick Perry may urge the state to take a step toward loser-pays [NJLRA]
- “FCC push to regulate news draws fire” [The Hill]
- Could litigation on behalf of Madoff victims get more than all their money back? [Salmon, more, NYT, Above the Law]
- “Chevron Says Documents Show Ecuador Plaintiffs Worked With Government” [Dan Fisher/Forbes, more]
- Organized trial lawyers expect to fare less well in next Congress, but prospects for actual liability reform remain slender [Joseph Weber/Wash. Times, Matthew Boyle/Daily Caller]
- Mount Laurel rulings in New Jersey (towns given quotas to build low-income housing) described as “libertarian”, I express doubts [Hills, Prawfsblawg]
- Criminal law’s revolving door: “prosecutors turn up the fire and then sell extinguishers” [Ribstein, TotM]
- The wages of unconstitutionality: a Utah attorney’s curious fee niche [five years ago on Overlawyered]
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The state of Texas’s use of a cowboy silhouette on vehicle inspection stickers could prove expensive if a photographer proves his claim that the image was illegally appropriated by a prison inmate who scanned it from a magazine without consent or payment. [San Antonio Express-News]
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Austin’s police chief wants to criminalize driving on 0.05 blood alcohol — which for many people means a beer or two — and state senator John Whitmire of Houston is sympathetic: “Some people shouldn’t be driving after one drink.” A MADD spokesman applauds, too. [Austin American-Statesman]
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Sorrows of a Texas fen-phen lawyer now accused (in a civil lawsuit) of getting creative with his clients’ expense allocations. [Houston Chronicle via Ted at PoL]
As readers will recall, Texas developer H. Walker Royall sued journalist Carla Main and her publisher, Encounter Books, over Bulldozed, a critique of eminent domain which includes commentary critical of Royall’s dealings. (Note: Encounter Books is also the publisher of my forthcoming book, Schools for Misrule.) The case is now before a Dallas judge, and getting more publicity. (Dallas Observer, including brief and response by the parties, and more; David Rittgers at Cato). The WSJ’s William McGurn interviewed Royall and quotes him as saying that he objects (inter alia) to being portrayed as someone who “wants to silence anyone who wants to talk about [the controversy].” Why might anyone have gotten that impression of him? Well, one reason might be that, in addition to filing a suit demanding that Carla Main’s book be pulled off the market, and another suit against a local paper and its book reviewer over a review of the book — that one was settled — Royall also sued famed law professor Richard Epstein, who’d given a blurb to the book. (A judge dismissed Epstein from the case.)
From the Dallas Observer’s reporting:
John Kramer, with the Institute for Justice, says defamation suits against people speaking out against eminent domain are increasingly common. “We’ve actually seen an unfortunate trend across the country, in Tennessee, Missouri, and Washington State,” he says, over speech, a newspaper ad and a “multi-story permanent sign that said, ‘End eminent domain abuse.’”
More from IJ here. And Morgan Smith at Texas Tribune discusses efforts in the Texas legislature to secure more protection for free speech against aggressive lawsuits.
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- Update from Germany: “Teacher Loses ‘Rabbit-Phobia’ Trial” [Spiegel, earlier]
- Farther shores of for-your-own-goodery: “Should Obese Kids Be Placed In Foster Care?” [Katz, CBS News]
- Just one problem with that $725 million AIG securities suit settlement [D&O Diary]
- After Texas passed bill requiring evidence of impairment, more than 99% of silicosis claimants dropped out [LNL, PoL]
- Lindsay Lohan disserved by lawyer who can’t keep a confidence [Turkewitz]
- Pearlstein’s the Washington Post’s anti-business business columnist [McArdle, Wood/ShopFloor]
- Lawyer shenanigans in Fosamax trial in New York [Walk, Drug & Device Law]
- Unwelcome surprise: health care bill turns out to tax many house sales [David Boaz, Cato at Liberty]
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The Texas Supreme Court applies skepticism to the theories of a plaintiff’s expert witness in a suit against Wal-Mart. [Wajert; Wal-Mart Stores Inc. v. Merrell, No. 09-0224 (Tex. 6/18/10), PDF]
