How litigious can insurance companies be when they find themselves in the plaintiff’s seat during the process known as subrogation? This litigious, per Patrick at Popehat.
Archive for 2010
August 16 roundup
- Former producer at “Oprah” show — yearning for the simpler life? — takes job at rough blue-collar outfit. One $500K harassment settlement later… [Des Moines Register]
- “Insurer writing ‘loser pays’ policies to defendants” [LNL]
- “$1.4 Million Award Reversed due to Attorney’s ‘Inflammatory’ Comments” [DBR]
- New book examines shaky evidentiary basis of international criminal law convictions [Nancy Combs]
- Litigation slush funds, cont’d: new Department of Justice rules steer public settlement money to private advocacy groups [York, Examiner]
- Second Circuit upholds Judge Weinstein’s steps to curb conspiracy to evade protective order in Zyprexa case [Drug and Device Law, Dan Popeo, NYLJ] More from the busy Dr. David Egilman: “Plaintiff’s Expert Files Appeal in ‘Popcorn Lung’ Lawsuit” [On Point News and more] Also: “Being an Expert Expert Doesn’t Make You an Expert” [Zacher, Abnormal Use]
- “FTC Seeks to Clarify — and Justify — Its Blogger Endorsement Guidelines” [Citizen Media Law]
- “Winnebago cruise control” and suchlike urban legends are purposely devised and spread by sinister interests, or so claim L.A. Times and Prof. Turley [five years ago on Overlawyered]
New York workplace-bullying law: “Bad bosses meet teacups”
New York lawmakers have now withdrawn a bill creating a new cause of action against employers for “bullying” in the workplace; Scott Greenfield, Victoria Pynchon, Jim Copland/E.J. McMahon, and Jon Hyman have some critical observations about the proposal. More coverage of the bill: Point of Law, McCormick/Workplace Prof, Employer’s Lawyer, and NLJRA (would apply to organizations of all sizes including small businesses).
Service dog’s untimely calls of nature
They’ve resulted in a Connecticut man’s being banned from a grocery store, and now an ADA lawsuit looms [New Haven Register]
FASB proposal on litigation disclosure, redux
Bruce Nye at Cal Biz Lit finds the notion of requiring companies to assess, explain and quantify their litigation exposures, and then put the results up on the internet for opponents to peruse, “not helpful. Not helpful at all.” [earlier at Point of Law] Much more from Beck at Drug and Device Law.
Godzilla’s lawyers would like a word with you
A little food stand in scenic Damariscotta, Maine calls itself Grill Zilla BBQ, and recently received a letter from trademark lawyers. Even if its owners hadn’t made the mistake of using a green reptile mascot, they would probably have heard from the Japanese conglomerate Toho, which is quite vigorous about policing verbal and visual echoes of its “Godzilla” mark. [Kennebec Journal]
Lowe’s drywall settlement
The home improvement chain says it never sold drywall from China at all, let alone the contaminated kind that has generated problems for thousands of homeowners. But it’s still agreed to a gift-card deal that includes $2.2 million in fees for plaintiff’s attorneys. [WSJ; ProPublica (“Proposed Lowe’s Drywall Settlement Offers Small Payouts to Victims, Big Fees for Attorneys”)] More: Fulton County Daily Report.
A case of sour cranberries?
Ocean Spray sues a competitor over its alleged involvement in a social media campaign. [Charlie Mead, AmLaw Daily]
“Sick Duck: Did Tigger and Donald Duck grope women at Disney World?”
William Saletan investigates a curious genre of harassment case [Slate; more at Atlantic Wire]
August 13 roundup
- 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]