In the Bayou case, the most notable recent case of massive investment fraud, lawyers had some success going after investors who’d pulled money out of the fund before its collapse — but according to Bloomberg News, quoting investor lawyer Carole Neville, $20 million of the $33 million they recovered went to pay legal fees. The piece quotes law professor Lynn LoPucki, now of Harvard, being scathing on the subject: “Bankruptcy trustees ‘spend huge amounts of money trying to get money from some investors and give it back to other investors,’ LoPucki said. ‘The incentive of the trustee and the lawyers is to churn, to bring lots of cases, spend lots of time and charge lots of fees.'”
Archive for January, 2009
Caching glitch resolved?
After tinkering with some of the file and cache issues I should have handled more carefully during the WordPress upgrade, I may have succeeded in solving the problem reported by many users of a front page frozen at Jan. 3. It may be necessary to do a forced-refresh (SHIFT click reload page) to produce the current page. If this still doesn’t work for you, please let me know in comments or email.
Are you seeing a Jan. 3 version of our front page?
Many readers are reporting that their Overlawyered front page is stuck on the Jan. 3 version, although they can still navigate to posts like this one through, say, Google or RSS. The front page displays correctly for me (including its more recent posts) in Firefox, but when I try it in Safari it returns the Jan. 3 version readers are complaining about (at a moment just before I upgraded to WordPress 2.7).
Just to make matters more confusing, the site’s RSS feed seems to have slowed down but not frozen; at the moment the most recent Overlawyered post in my Google Reader is from the early hours of this morning, which means several more have failed to appear in the feed.
Reports, comments and explanations would be welcome, including those from IE users. I wonder whether I made some mistake in copying cache files in replacing the old install with the new, in such a way as to freeze the site in some browsers but not others.
Securities law webcast tomorrow
Has there been a more dramatic year than 2008 in the securities-law world since the 1930s? I’ll be among the participants tomorrow (Tuesday) afternoon at 2 p.m. Eastern in the first of an ongoing series of webcasts on a new “Securities Litigation and Enforcement Channel” being launched by prominent securities-law blogger Bruce Carton. It’s free, but registration is required: details here. I’ll be the relative amateur, with the other seats at the table held by some very highly qualified observers of the securities law scene: Lyle Roberts (The 10b-5 Daily), Kevin LaCroix (D&O Diary), Francine McKenna (re: The Auditors), and Thomas Gorman (SEC Actions), as well as Carton (cross-posted and updated from Point of Law, where I do most of my blogging on the subject).
More on “KopBusters” sting
Last month we noted the controversy about a video purportedly showing police misconduct caught on hidden tape, namely the raiding of a fake “drug house” in Odessa, Texas without probable cause. Orin Kerr @ Volokh writes that it’s looking increasingly likely that there’s less (or more) to the story than meets the eye, and that many bloggers’ initial assumption of police misconduct was too hasty.
Dog wasn’t allowed into NYC subway
So Estelle Stamm, 65, is suing for $10 million, saying she’s protected under the Americans with Disabilities Act because the animal protects her from panic attacks and other mental symptoms as well as assisting her with her poor hearing. The city denies she’s disabled at all and cites online postings in which Stamm said the dog has “tremendous killing power” and asserted: “Livestock guard dogs in the subways is a wonderful sight to behold. The seas of people part before us.” Stamm, a former ad agency manager, says being questioned about her disability while using transit has itself caused stress reactions. [NY Daily News via Obscure Store; more coverage of service animals litigation]
Health Affairs letter on Marc Rodwin Massachusetts Medical Malpractice Study
You may remember Professor Rodwin and I debating his paper on Point of Law; that debate has spilled over onto the pages of the November/December issue of Health Affairs, which published a short letter from me criticizing the Rodwin study and a muddying response from the authors:
Marc Rodwin and colleagues’ highly publicized conclusion that Massachusetts does not have a malpractice insurance crisis (May/Jun 08) is not supported by the data in their paper.
First, the sole finding supporting the conclusion, that malpractice insurance rates declined 1 percent from 1990 to 2005, is an artifact of the Simpson Paradox. Rates for low-risk doctors increased 14 percent; rates for high-risk doctors increased 45 percent. The mean decreased entirely because the mix of doctors changed, and the percentage of insured doctors with expensive high-risk policies declined substantially…
Judge Murphy reprimanded by Massachusetts high court
The judge, who agreed in August to leave the bench, was called up for discipline after a furor over the “fascinatingly repellent” letters he sent to the Boston Herald demanding settlement after he secured a libel judgment of more than $2 million against the paper; further embarrassments ensued. [Ambrogi, Legal Blog Watch]
Patterico on Pellicano case
The California legal blogger gets a menacing letter from a lawyer demanding retractions.
Microblog 2008-01-04
Must stores let in “social support” goats? Hot ADA issue we’ve often covered makes it into NYTimes mag [Rebecca Skloot] And Time mag tackles scandal of ADA-suit mass filing for $$, long familiar to our readers [Alison Stateman]
Can you guess mechanism by which snow globes turned out to cause fire hazard? (Then check link.) [K.C. Business Journal]
“Do Not Track” legislation could torpedo online-advertising models [ReadWriteWeb h/t @lilyhill]
What if plea-bargaining defendants could give D.A.s eBay-style feedback? [Greenfield]
UK cabinet minister wants govt to regulate Net with aim of child safety, Brit blogger says – hell, no! [Perry de Havilland, Samizdata]
As lawyer-driven mummeries go, which is worse, coffee machine overwarning or medical “informed consent”? [Happy Hospitalist]
Bogus memoirs nowadays spawn real lawsuits, as we remember from James Frey case [Elefant]
Is health care prohibition in our future? [KevinMD]
Massachusetts child support guidelines said to be highly onerous for dads already and getting worse [Bader, CEI]
Kid gloves from some local media for Connecticut Sen. Chris Dodd & his magic mortgages [Christopher Fountain and again]
Had Robertson v. Princeton donor-intent suit gone to trial, lawyers might have billed $120 million hourly fees. How’d the number get that high? [Kennerly, Litigation & Trial and again]
A reminder: these microblog posts are based on a selection of my contributions to Twitter, which you can “follow” here.