Overlawyered: Chronicling The High Cost Of Our Legal System

Archive for 2009

Straight talk in medical reports

Throckmorton is losing patience with pathology and radiology reports that hedge and dodge instead of laying things out straight:

Oh, I miss the days when you got a radiology report that said, “fracture right 3rd rib, no pneumothorax”. Because of frivolous lawsuits radiologists have learned to be vague, noncommittal and to pass the buck of possible litigation. So now you get a 2 page report that says “linear lucency in right 3rd rib, clinical correlation recommended, underinflated lung fields cannot exclude underlying interstitial disease and or masses. CT recommended for further evaluation, if condition warrants.” along with several other paragraphs of lawyer imposed legalmedspeak….

Filed under:

Reader Phil Grossman

Many will know the name of Phil Grossman, from Boston, as a frequent commenter here, but his assistance to the site went much beyond that. No reader had a sharper eye for good stories, and I think more posts over the years were based on his links than on anyone else’s. Often his news tips would arrive accompanied by his consistently thoughtful analysis of what the stories meant on a deeper level and how the system might be reformed to do better next time. Time after time, his emails would brighten my writing day with their wit, intelligence, and sympathetic wisdom.

Now Eric Grossman writes to report his father’s death. I can well imagine the gap that must be left in his family with his passing, and extend my heartfelt personal sympathies to those he leaves behind.

Filed under:

CPSIA chronicles, September 20

  • Rep. Michael Burgess (R-Tex.) doesn’t think Rep. Waxman’s pretend hearing Sept. 10 was enough, and writes a letter to Reps. Waxman and Rush (PDF courtesy Motorcycle Industry Council) explaining why a real hearing is needed (including as an addendum my WSJ piece from last Monday).

    • OldWomanLivedShoe2

  • Speaking of CPSIA author Rep. Bobby Rush (D-Ill.), he’s praised the new rhinestone ban [Woldenberg]
  • At the Wall Street Journal, a letter to the editor regarding my op-ed of last week generally agrees with its thrust but claims that I “[err] when assigning blame to consumer groups” among others for the enactment. I find this charge baffling, since groups like Public Citizen, PIRG and the Consumer Federation of America 1) were routinely cited in the press during the bill’s run-up to enactment as key advocates of its more extreme provisions, 2) have loudly claimed credit for enacting those provisions and the overall bill ever since, 3) have been routinely cited this year in the press as key opponents of any effort to revisit the law in Congress. Why strive to excuse them from a responsibility that they gladly shoulder? Carter Wood at ShopFloor also notes that labor unions unwisely cheered on their purported consumer-group allies, a stance one hopes they are rethinking in light of the statute’s actual effects on American employers and jobs.
  • BoardGameGeek had a discussion of the law again this summer, mostly focusing on the tracking label rules and the burden they pose to makers of new games, but also noting the thrift/reseller effects (earlier). Meanwhile, Handmade Toy Alliance activist Dan Marshall notes on Twitter, “Just spoke with guy who invented a board game about dinosaurs. He’s paying $2400 to get it tested 4 #CPSIA and is mad as hell about Mattel.”
  • So let’s all panic now: NPR reports minute amounts of lead alloy in a Disney-branded zipper.
  • Before CPSIA came along, Illinois lawmakers enacted their own lead law which, stunt-like, sets an even lower permissible lead level often flunked by common substances such as ordinary garden dirt, according to Rick Woldenberg (earlier on dirt, and related on rocks). More: Wacky Hermit.

    • OldWomanLivedShoe3

PUBLIC DOMAIN IMAGES from Ethel Everett, illustrator, Nursery Rhymes (1900), courtesy ChildrensLibrary.org.

Filed under: , , , ,

If you’re not reading Point of Law

If you’re not following my other site, here’s some of what you’re missing:

Why not add Point of Law to your Google Reader or other RSS reader today, along of course with Overlawyered, if you haven’t yet?

Filed under: , , , , ,

CPSIA: StoryBlox closing its doors

PIRG be not proud: “Until recently, I had high hopes that this law would be amended. …ABCblocks We do not mass produce our products, for that our customers love us, and for that congress has made it impossible for us to continue selling our toys without breaking the law.” — Tammy Bowles, founder of the Ohio-based educational plaything line StoryBlox, whose former line can be browsed here. More: Ken at Popehat.

Filed under: , , ,

Update: lawyer’s baseless demand letter amounted to extortion

Updating our March 2008 coverage: The New Hampshire Supreme Court ruled last month that an attorney could properly be convicted of extortion for sending a demand letter threatening patently baseless litigation. The lawyer had sent the letter (which included a demand for monetary payment) to a hair salon threatening litigation over its purportedly discriminatory setting of different rates for men’s and women’s haircuts. A crucial element in the decision was that the lawyer did not in fact have a client in hand with a potential complaint as an actual customer of the salon. [Eugene Volokh, Above the Law; State v. Hynes, PDF] “Assistant Attorney General Elizabeth Baker said Hynes sent letters to at least 19 salons in the state.” [Concord Monitor 2008 coverage]

Filed under: ,

September 18 roundup

  • Details emerge on new demonstration grants for patient safety and medical liability [Point of Law, NLJ] GOP underwhelmed by Obama gestures [Fox News and earlier, Salt Lake Tribune, Washington Times, Examiner and more]
  • Trial lawyer charity effort donates Wii sets to rehab hospitals [Daily Business News Detroit] Wait a minute – what about those lawsuits contending Wii was a defective product?
  • No, John Edwards didn’t invent trial tactic of “channeling” thoughts of deceased. And is inflaming jury passion and prejudice “what good closing argument for a good trial lawyer is about”? [ABAJournal, Hochfelder/PoL, earlier]
  • “It took Arizona state police months to realize the same driver was involved” in monkey-mask speed-cam evasions [MargRev, LtB]
  • Connecticut lawyer’s complaints allege that business structure of Total Attorney service amounts to improper fee division [LegalBlogWatch]
  • “Want to Complain About a Cop? Better Bring Your I.D. — And Maybe A Toothbrush” [Ken at Popehat]
  • Tenth Circuit, McConnell writing, reinstates SCO suit against Novell over Linux [WSJ Law Blog]
  • New York employment law could bite Human Rights Watch in memorabilia controversy [Volokh]

Filed under: , , ,