Shareholder lawsuits: “Shark Attack”

The Economist on “Why American firms cannot do deals without being sued”:

In 2005, 39% of M&A deals were challenged by lawsuits, one study found. By 2011 a hefty 96% of acquisitions worth more than $500m were attracting suits…

J. Travis Laster of Delaware’s Chancery Court [has] become an outspoken public critic of “worthless”, “sue-on-every-deal” lawsuits. In March he told one group of plaintiffs’ lawyers: “I don’t think for a moment that 90%—or based on recent numbers, 95%—of deals are the result of a breach of fiduciary duty.”

Filed under: Delaware, securities litigation

“Angela Corey threatened to sue Harvard Law over professor’s criticism, educator says”

If Alan Dershowitz’s accusations are to be believed, the Florida prosecutor in the Trayvon Martin/George Zimmerman case behaved in grossly unprofessional fashion. [Jacksonville.com “The Gavel,” more, Jeralyn Merritt/TalkLeft]

Filed under: Harvard, libel slander and defamation, Martin-Zimmerman case, prosecutorial abuse

Iditarod musher sues knife maker

Product liability reaches the famed Alaskan dogsled race:

Iditarod mushers are known for missing digits. …

When Mitch Seavey nearly lost his index finger last year in Ophir, however, his Iditarod was over. In a lawsuit in U.S. District Court, the former champion now says the blame lies with the Oregon company that made the knife he sliced his finger with, and Sportsman’s Warehouse, which sold it to him.

[Anchorage Daily News, more]

Filed under: Alaska, product liability, sports

Attention! Citizens of Portland!

Your city is counting on you to report on neighbors who violate the recycling and composting rules by using the wrong bin. An army of anonymous informers cannot be defeated! [Tung Yin; OregonLive.com]

Filed under: Oregon, recycling

Prosecution roundup

John Edwards mistrial is umpteenth setback for DoJ white-collarers; FEC’s failure to charge might have been tipoff [BLT] One lawyer on the campaign finance implications of the Edwards prosecution [David Frum]
Jeralyn Merritt analysis of Martin/Zimmerman evidence dump indicates once again that Stand Your Ground issue is likely to prove a red herring [TalkLeft, earlier]
Letter writer doesn’t care for my recent structuring-forfeiture op-ed [Baltimore Sun] More on civil forfeiture: when cops become robbers [Nita Ghei, Washington Times]
Deferred prosecution and NPAs: “The Justice Department may be in the next cubicle” [Jim Copland]
Converting tickets into “court costs”: ploy raises funds for courts in Atlanta and elsewhere [Consumerist via Alkon]
When lawyers advise innocent clients to plead guilty [John Steele, LEF on Brian Banks case]
“Jailtime for twittering on your office PC? The federal courts are split” [Appellate Daily via @andrewmgrossman] “12 steps for overcoming overcriminalization” [TPPF via Vikrant Reddy, Right on Crime]

Filed under: crime and punishment, forfeiture, Martin-Zimmerman case, prosecution, stand your ground, traffic laws, Twitter

Mississippi AG transparency

Peeking under the Hood, cont’d: Mississippi has finally passed sunshine legislation exposing to public scrutiny dealings of its attorney general with outside law firms, which can make large sums in contingency arrangements representing the state [Maggie Haberman, Politico] Not exactly unrelatedly, a Mississippi court has ruled that a settlement of the state’s case against MCI can’t funnel $14 million separately to private lawyers representing Hood on the theory that it was just a side payment and never represented public funds [YallPolitics, earlier on now-disbarred lead private lawyer in case]

Filed under: attorneys general, attorneys' fees, Jim Hood, Mississippi

Abraham Lincoln’s career-making patent case

Competition through patent suits, circa 1857: I’ve got a new post at Cato on how loser-pays works to improve the general fairness of an inevitably imperfect litigation system.

Filed under: Abraham Lincoln, loser pays, patent litigation

“Discrimination lawsuits double as definition of ‘disability’ expands”

File under intended and expected effects of Congressional action: the ADA Amendments Act of 2008 reversed various court decisions that had limited the number of claimants who could invoke the Americans with Disabilities Act. [Luke Rosiak, Washington Times] More here, etc.

Filed under: disabled rights, EEOC

“Publicity-hound lawyer: Cannibalism is bad”

How would we come to realize these things if not for Gloria Allred? [Fred Grimm, Miami Herald]

Filed under: Gloria Allred

June 7 roundup

Not only did Wisconsin turn back the effort to recall Gov. Walker, but voters in San Jose and San Diego embraced public employee pension reform by convincing margins [Steven Greenhut, Cal Watchdog] Union immediately sues to overturn measure backed by 70 percent of San Jose voters [Greenhut, PSI] Illinois and Ohio have ducked the need for reform, Wisconsin and Indiana haven’t [Malanga] Did it make a big difference that recall proponents were outspent? [John Samples, Cato Institute; Ira Stoll] “Comparing the Impact: Public Sector Labor Reform in Wisconsin and Indiana” [Josh Barro via Reihan Salam] Where next — on to Michigan? Maryland? More: Althouse;
New Mexico ruling: “Why Not Force Somebody Who Hates You to Photograph Your Wedding?” [Reason, Kincaid/Box Turtle Bulletin, Volokh and more, Bader, earlier]
Suddenly, the science of salt casts less odium on sodium [Gary Taubes/NYT via Alkon; Bader]
For making up authority without statutory basis: “Supreme Court spanks HUD” [Mark Calabria/Cato]
Another way to think of Oglala v. Bud: “Native American Tribe files lawsuit requesting discrimination on alcohol sales” [Rob Green/Abnormal Use, earlier]
It’s not every day the New York Times agrees with me in favoring broader use of loser-pays in litigation [editorial on shifting costs of document translation]
GOP sinks misnamed, lawsuit-promoting Paycheck Fairness Act [Steve Chapman, Caroline May/Daily Caller, WSJ, David Harsanyi, earlier]