The Lawsuit Abuse Reduction Act (LARA), versions of which have been discussed in this space for years, would reverse the 1993 gutting of Rule 11, the federal rule providing sanctions for baseless lawsuits, and would thus establish that lawyers, like other professionals, should expect to be responsible for compensating those they injure by negligence or worse. Early this month LARA won the approval of the House Judiciary Committee, but is unlikely to prevail (this term, at least) in the more Litigation-Lobby-friendly Senate. [Stier, ShopFloor; earlier here, etc.]
The Ohio lawmaker gives his side of the story. Earlier here.
He bit into a sandwich wrap in 2008 and encountered an olive pit, and now he wants $150,000. [Cleveland Plain Dealer, Wonkette, Memeorandum]
P.S. Gawker finds video taken five days later on the House floor in which the Ohio representative “looks fine and talks normal” notwithstanding the “serious and permanent dental and oral injuries requiring multiple oral and dental surgeries.” And Daniel Fisher at Forbes:
No indication why Kucinich mulled this lawsuit for three years before filing it…..* The lawsuit alleges negligence and breach of implied warranty.
*Commenter “Mattie” says the SOL in DC for this type of suit is indeed three years, though it would be one year for some other torts.
Who besides the People’s Congressman would be willing to name America’s olive pit safety crisis and call out the Big Pit interests responsible?
P.P.S.: As someone was asking, wasn’t generous government-furnished health insurance — like the kind available to Members of Congress — supposed to cut down on the need for personal injury suits? And Matthew Heller at OnPoint News finds some precedent for the suit.
And further: That was fast, Kucinich says he’s settled the suit (Jan. 28).
A former Congressional candidate in Westchester County, N.Y. is suing 16 reporters, writers, campaign officials and others for $1 million apiece, saying they unfairly portrayed him as racist. Jim Russell ran unsuccessfully in the Nineteenth Congressional District against Rep. Nita Lowey (D-N.Y.), one of those named in his suit; he came under heavy criticism during the campaign over his 2001 authorship of a 16-page article in a publication called the Occidental Quarterly. [White Plains, N.Y. Journal-News] Last week we noted a lawsuit by a losing Congressional incumbent in Ohio.
A 3-2 vote at the Consumer Product Safety Commission last week ensures that the federal government will put its imprimatur behind allegations about supposed hazards in consumer products — whether true or not. I explain in a new post at Cato at Liberty.
P.S. Kelly Young comments: “I wonder if they’d be willing to maintain a public database of complaints against federal employees?” More: Coyote (comparing relative sophistication of Amazon, TripAdvisor consumer ratings systems with primitive nature of CPSC’s); letter from Rep. Joe Barton, PDF; Washington Post; ACSH.
“Top House Ethics Lawyer to Step Down” [BLT headline]
“One of the countless drawbacks of being in Congress is that I am compelled to receive impertinent letters from a jackass like you in which you say I promised to have the Sierra Madre mountains reforested and I have been in Congress two months and haven’t done it. Will you please take two running jumps and go to hell.”
– Congressman John McGroarty, engaged in constituent service (1934).
(via Magliocca/Concur Op).
Rep. Edolphus Towns (D-N.Y.), who chairs the House Oversight and Government Reform Committee, posted documents purporting to show that Toyota held onto safety documents it was supposed to turn over to opponents in litigation. Turns out the documents had been shoddily snipped, edited and mischaracterized to advance the charges against the automaker. [Christine Tierney, Detroit News via Henry Payne, NRO; more background on whistleblower controversy, The Recorder last year]
Watch what you say about Rep. Alan Grayson (D-Fla.) [Adler/Volokh, WeaselZippers, Orlando Sentinel]
The Progressive Policy Institute (!) criticizes a provision almost snuck into the health-care bill that would have been a windfall for trial lawyers at the expense of the rest of us. Earlier and earlier on Overlawyered, which was the first to publicize the provision.
Or at least something traveling under that name, if Rep. Doris Matsui (D-Calif.) is right. [Legal NewsLine] More: “CBO: Tort reform would reduce deficit by $54 billion” [Ed Morrissey/Hot Air] Liability insurance premiums in Georgia fell by 18% after state capped noneconomic damages [American Medical News]
Tom Freeland at North Mississippi Commentor doesn’t think much of its prospects, though.
A compulsory subpoena could follow if they don’t fork over information on “compensation of highly paid employees” and “expenses stemming from any event held outside company facilities in the past 2 1/2 years”, among other topics. As AP notes, industries that vocally support, rather than oppose, health care reform aren’t targets of the investigation. More: Politico.