A new book contends that subpar rivets and riveting might have materially contributed to the disaster. Given the erosion of statutes of limitations, might that give rise to lawsuits, even after all this time? (Childs, Apr. 15).
Archive for April, 2008
From a reader: Home albumin therapy
Lacking specialized knowledge in this area I’m not well situated to evaluate the contents of this letter from reader J.W., but perspectives and advice from medically knowledgeable readers would be more than welcome:
One of our friends apparently has focal segmental glomerulosclerosis, which has a substantial risk for progression to end-stage renal disease.
Apparently, getting a nurse to come and administer albumin, which is a blood product, is a real problem. About three years ago, liability laws stopped the companies that produce albumin from allowing it to be used at home. There is a real possibility she will have to go to “Day Hospital” every day for five hours and perhaps have to be readmitted every weekend.
Given the likelihood that she will die from her disease, I’m sure she is comforted by the fact that she’ll spend so much time in the hospital for legal reasons.
But I feel safer, so that’s nice.
Welcome UPI readers
The news service picks up on a report from the Chamber-backed Legal NewsLine, whose reporter Chris Rizo had called me up for a reaction to the new website SueEasy.com (on which see earlier post). Other blog reactions to the same site include Steel Turman (“like a carpool for ambulance chasers”), Everett White, Just Average American.
April 16 roundup
- Schadenfreude overload: Eliot Spitzer fighting with Bill Lerach’s old law firm. You see, Spitzer returned Lerach firm’s money after the indictment (unlike many other Democrats); when Lerach left the firm, Spitzer hit them up for cash again; now, they’re the ones seeking money. [WSJ Law Blog; NY Sun]
- Breakthrough on Keisler nomination. [Levey]
- Sued for accurately saying government employee was a Mexican. [Volokh]
- Global warming lawsuit finds conspiracy in free speech. [Pero]
- Yet another free speech lawsuit: 50-Cent sued for “promoting gangsta lifestyle.” [Torts Prof]
- 3-2 decision in NY Appellate Division: Not a design defect for tobacco companies to sell cigarettes that aren’t light cigarettes. [Rose v. Brown & Williamson Tobacco Co.; NYLJ/law.com via Prince]
- Meanwhile, tobacco companies are also being sued over light cigarettes. Second Circuit tosses Judge Weinstein’s novel class certification (Point of Law); Supreme Court grants cert in Altria Group v. Good.
- Defensive medicine one of many reasons that health-care costs so much in US [New York Times]
- Eyewitness testimony: you can’t always believe your eyes. [Chapman]
- First-hand report on Obama’s views on guns. [Lott]
- Ethical problem for law firm to be representing judges in litigation seeking pay raise? [Turkewitz]
Tax Day thought
From Dave Barry: “Yes, this [filing your federal tax return] is a pesky chore, but remember that paying taxes is not a ‘one-way street.’ When you send your money to the government, the government, in return, provides you with vital services, such as not putting you in prison.” (“How your taxes turn into manure”, syndicated/Miami Herald, Apr. 13).
“Passengers sue Southwest Airlines over missed inspections”
Because it’s not as if you actually have to have been, like, harmed or anything to get a class action going (AP/USA Today, Apr. 16). Birmingham, Ala. lawyer Lew Garrison is representing four passengers on “claims that include breach of contract, unjust enrichment, and negligent and reckless operation of an aircraft”.
Reader inquiry on feeds
As mentioned, I know very little about RSS, Atom, feeds, etc. but just try to take the minimum steps needed to make sure readers can follow the site that way if they wish. This note from a reader in Australia is not the first to indicate that our software upgrade and site redesign of recent weeks may have caused some disruption:
I hope you’ll accept my apology in advance, but it just occurred to me today that I hadn’t had any feeds from you for quite some time now. I use Bloglines as my newsreader. I tried to resubscribe to Overlawyered using a different type of feed and that seemed successful, but when I looked at what had been supplied with the different type of feed, all of the material was from mid-March. Are you able to throw any light on this? Is there some problem with Bloglines and Overlawyered? Is there something I can do to restore the feeds? Thanks for any assistance.
Knowledgeable comments welcome.
Plaintiff: my lawyers cut unfair side deal with Prudential
The law firm of Leeds Morelli & Brown has recently been embroiled in controversy over episodes in which it has settled batches of employment discrimination claims while contemporaneously entering agreements in which the defendants agree to hire it (the Leeds Morelli firm) for substantial sums. Now an African-American woman who was once a vice president at Prudential Insurance and then sued the company for racial bias as a Leeds Morelli client “is asking a federal judge to set aside an arbitration award, alleging her lawyers were given improper financial inducement to keep her claim and hundreds of others out of court. According to Linda Guyden, the company paid $5 million to the law firm representing her and 358 other employees, in return for which Prudential’s total exposure was capped at $10 million and the claims were kept secret just as the company was about to be taken public.” (Mary Pat Gallagher, “Bias Plaintiff Says Lawyer Sell-Out Warrants Vacating of Arbitration”, New Jersey Law Journal, Apr. 8). For a cognate controversy over Leeds Morelli’s settlement of employment claims with Nextel Corp., see Leigh Jones, “Columbia’s Simon Blasts Professors’ Role in Nextel Bias Case”, National Law Journal, Nov. 26; Bluestone, New York Attorney Malpractice Blog, Feb. 12, 2007.
Pope Benedict’s visit
I have an op-ed in today’s National Review Online:
Pope Benedict XVI’s visit to the United States this week will be the first papal visit since the Roman Catholic Church abuse scandal broke in 2002. Archbishop Pietro Sambi, the Vatican’s top diplomat in the United States, expresses confidence that the pope will address the scandal while here. Trial lawyers, however, having been asking legislatures for years to address the problem in their own particular way: more lawsuits. That proposed solution, through undoing statutes of limitations and permitting new lawsuits over long-ago crimes, creates more problems than it solves, and hurts more than just the actors responsible for those crimes.
Reviver legislation is pending in six states, and has been proposed in many more.