A jury rejects a strained health-outlay recoupment claim. [Mass Tort Lit]
- New Yorker suing boss for $2M because working in New Jersey caused him “anguish” [Biz Insider]
- British lawyer’s libel threats impede UK publication of Paul Offit vaccine book [Respectful Insolence]
- Lawsuit settlement leads to Florida push to curb tobacco discounter [WSJ; background, Jeremy Bulow]
- Allegation: attorneys made personal use of cy pres fund in Armenian genocide settlement [PoL]
- “Telecommuting employees raise special wage and hour issues” [Hyman]
- UK bias cops wonder whether to ban gay-preferred along with gay-not-preferred guesthouses [Ed West, U.K. Telegraph]
- Copyright mills: “Local law firm wants to defend people sued by local law firm” [TBD] Related: [Citizen Media Law, Coleman]
- “Top 10 Reasons to Not Open a Bar or Restaurant in NYC” [NY Enterprise Report]
The Supreme Court should strike down the multistate compact by which state attorneys general carried out the Great Tobacco Heist of a decade ago, argues Hans Bader of the Competitive Enterprise Institute [Washington Times and CEI; earlier here, here]. I’ve discussed the MSA at chapter length in my book The Rule of Lawyers as well as in shorter form here and elsewhere.
P.S. AEI’s Michael Greve analyzes the legal background at Balkinization.
- Notables including Alan Morrison, Richard Epstein, Kathleen Sullivan sign amicus brief urging court review of multistate tobacco settlement [Daniel Fisher/Forbes, Christine Hall/CEI, Todd Zywicki]
- “Congress rediscovers the Constitution” [Roger Pilon, WSJ]
- Chief Justice John Roberts Jr. profiled [Roger Parloff, Fortune]
- When outside investors stake divorce litigants: yes, there are legal ethics angles [Christine Hurt]
- Mexico, long noted for strict gun control laws, has only one legal gun store [WaPo]
- Judge throws out “parasitic” lawsuit piggybacking on Wisconsin drug-pricing settlement [Madison.com]
- Erin Brockovich sequel: Talking back to the Environmental Working Group on dangers of chromium-6 in drinking water [Oliver, Logomasini/CEI]
- “Little white lies” to protect the bar’s image [five years ago on Overlawyered]
Alas, court challenges have generally failed in the past despite the many seeming constitutional and legal infirmities of 1998’s Great Tobacco Robbery — its taxation-escaping-normal-constraints-on-taxation, its bald imposition of retroactive liability, its state-sponsored cartelization of the cigarette trade, its odoriferous self-dealing and counsel-contract coziness, and so forth. Doubly unfortunately, the courts have adopted an exceedingly narrow interpretation of the Compacts Clause, which on its face you might think would bar states from entering deals with each other of this sort without Congressional approval. Christine Hall of the Competitive Enterprise Institute, which filed the new certiorari petition, wonders what the Founders would have thought: “It’s hard to believe they would’ve written the Compact Clause for no reason.” [Open Market]
“There has been a growing effort over the past decade from groups such as Smoke Free Movies and SceneSmoking.org, which hosts the annual Hackademy Awards, to pressure Hollywood into cutting back the amount of smoking in films. Now those groups are getting government support for their cause from US Reps. Edward J. Markey (D-Mass) and Joseph Pitts (R-PA) and from a group of health organizations, including Legacy, the American Academy of Pediatrics, the American Medical Association and the World Health Organization.” [Washington Post] Legacy, incidentally, is a group created as a result of the $246-billion state-Medicaid tobacco settlement whose purposes include pushing for further “tobacco control” — one of many examples in this area in which government-driven funding is employed to further advocacy on one side of controversial issues.
- Lawyer sued for sexual harassment countersues, wins $1.55 million in damages [The Recorder]
- Court rejects another challenge to tobacco multistate settlement agreement [Sullum, Reason]
- European human rights claim: “Fury as German doctor seeks injunction against victim’s sons” [Daily Mail]
- New CPSC rulemakings on CPSIA testing frequency and component testing could sink many small businesses [Woldenberg]
- Connecticut AG Blumenthal picks fight with life insurers [Hartford Courant, with comments]
- Undies moral: “Excess litigiousness is part of the whole shebang of dangerizing everything.” [Skenazy, Free-Range Kids]
- “False-Marking Suits Head for a Showdown” [Robbins, Texas Lawyer]
- “I think my years in the [adult film] industry will make me a great lawyer.” [Above the Law]
I was a guest this morning on Ray Dunaway’s show on WTIC 1080 (Hartford) to discuss Democrat Richard Blumenthal’s bid to replace Chris Dodd in the U.S. Senate. I’ve been covering the Connecticut attorney general’s legal record for years here at Overlawyered as well as at my other site, Point of Law. For details on his bullying, legally ill-founded ventures into litigation against gun makers and dealers, check here, here, here, here, etc., while for the aromatic tobacco-fee angles, you can start here and here. For the time he sued his own state client, see this 2002 post (& welcome Instapundit, New York Post readers).
Patrick @ Popehat provides a suitable point of comparison: earlier this month the biggest jewel theft in French history, described as a landmark in the history of crime, resulted in a loss of $108 million. “One Lawyer With His Briefcase Can Steal More Than A Hundred Men With Guns”.
- In unpublished opinion, California appeals court upholds dismissal of Unruh Act challenge to baseball Angels’ Mothers Day tote giveaway [Lex Icon, earlier]. More: CalBizLit.
- Securities class-action firm Bernstein, Liebhard & Lifshitz perhaps a less credible tribune of fiscal rectitude now that name partner Mel Lifshitz has copped felony plea to lying on federal taxes [NY Post, NYLJ, WSJ law blog] And what’s this about Lifshitz funding one of his firm’s clients? [The Street] P.S. He’s now departed the Bernstein firm, but maybe there’s an opening for him as chairman of House Ways and Means.
- Per one lawyer, “would be a stretch” for website operator to be held liable for teen’s overdose suicide with webcam running [AP]
- Carter Wood finishes up weeklong series of posts looking back on the great 1998 tobacco settlement [ShopFloor links to PoL]
- Eric Holder not a reassuring Attorney General choice for gun rights [Kopel @ Volokh]
- Law bloggers on Twitter: Anne Reed explains what the fuss is about [Deliberations; related, Michelle Golden]
- Compulsory chapel? UC Irvine Prof. Alexander McPherson, who quit supervising students rather than submit to state-mandated sexual harassment training, explains his stand [L.A. Times] Lefty blogs once again empty a bucket over his head [Feministe, Lemieux]
- Presumably unrelated: “Law Grad Accused of Faking E-Mail to Implicate Prof in Harassment” [ABA Journal, Florida Coastal]