Archive for March, 2013

Mark Bittman’s sugar correction

“That is quite a correction in today’s Times to Mark Bittman’s column the other day about sugar and diabetes,” notes Ira Stoll. Bittman’s column began with the striking opener “Sugar is indeed toxic” and went on to promote a far-reaching regulatory crackdown on sweetened foods. But it soon came under sustained attack from various commentators (more) for misstating recent findings about the health effects of sugar in the diet; it’s true that sugar intake tends to cause obesity and obesity itself causes diabetes, but it’s a separate, unresolved question whether sugar by itself instigates diabetes through some mechanism of action not common to other highly caloric foods.

Here is the correction:

Mark Bittman’s column on Thursday incorrectly described findings from a recent epidemiological study of the relationship of sugar consumption to diabetes. The study found that increased sugar in a population’s food supply was linked to higher rates of diabetes — independent of obesity rates — but stopped short of stating that sugar caused diabetes. It did not find that “obesity doesn’t cause diabetes: sugar does.” Obesity is, in fact, a major risk factor for Type 2 diabetes, as the study noted.

Baltimore judge: county’s traffic-cam contract pays unlawful bounties

“A Circuit Court judge has ruled that Baltimore County’s contract with its speed camera vendor is illegal, because it pays the company a cut of each citation issued…. Maryland law says that ‘if a contractor operates a speed camera system on behalf of a local jurisdiction, the contractor’s fee may not be contingent on the number of citations issued or paid.’ But several jurisdictions, including Baltimore County and Baltimore City, pay their vendors a cut of each ticket, arguing that the jurisdiction, not the company, operates the cameras.” Judge Susan Souder ruled that Xerox State and Local Solutions, which currently “receives about $19 from every $40 ticket,” is indeed involved in the operation of the cameras. Del. Michael Smigiel, an Eastern Shore Republican, has introduced a bill to repeal the camera program: “We specifically said we’re not going to allow this to happen, and it happened,” he said. [Baltimore Sun, auto-plays video]

Torts roundup

  • Despite sparseness of evidence, lawyers hope to pin liability on hotel for double murder of guests [Tennessean]
  • Celebrated repeat litigant Patricia Alice McColm sentenced after felony conviction for filing false documents in Trinity County, Calif. [Trinity Journal, more, Justia, earlier] Idaho woman challenges vexatious-litigant statute [KBOI]
  • “2 Florida Moms Sentenced for Staged Accident Insurance Fraud” [Insurance Journal, earlier]
  • With Arkansas high court intent on striking down liability changes, advocates consider going the constitutional amendment route [TortsProf] Fifth Circuit upholds Mississippi damages caps [PoL]
  • What states have been doing lately on litigation reform [Andrew Cook, Fed Soc] Illinois lawmakers’ proposals [Madison-St. Clair Record] Head of Florida Chamber argues for state legal changes [Tampa Tribune]
  • Crowd of defendants: “Ky. couple names 124 defendants in asbestos suit” [WV Record]
  • A bad habit of Louisiana courts: “permitting huge recoveries without proof of injury” [Eric Alexander, Drug and Device Law]

Letting the nurse perform CPR? Against our policy

After all, what if something should go wrong? Following a resident’s death, a California senior facility defends its “protocol” of ordering nurses to stand by for rescue personnel rather than perform CPR themselves [L.A. Times]

More: Plenty of pushback from readers, including warnings that CPR is not necessarily an appropriate or desired intervention in the resident’s situation, even in an independent-living arrangement in the absence of a DNR (do not resuscitate) order. The resident’s family has expressed satisfaction with the senior facility’s actions and says it has no plans to sue. More: ABA Journal, White Coat.

Duke subpoenas KC Johnson

The academic writer and blogger, co-author with Stuart Taylor Jr. of Until Proven Innocent, has long been a thorn in the Duke administration’s side over its conduct in the lacrosse case. The university has been fighting in court to force Johnson to hand over emails and correspondence that it says it needs to defend other litigation, and some of its informational demands have been very broad indeed. Too broad? [Johnson, Durham-in-Wonderland]

Update March 6, that was fast: Duke backs down.

“If I started today… Subway would not exist”

Fred DeLuca, founder and president of the Subway sandwich chain, doubts he would have made it in today’s business environment [Washington Free Beacon]:

It’s continuously gotten worse, because there’s more and more regulations. It’s tougher for people to get into business. Especially a small business. I tell you, if I started Subway today, Subway would not exist, because I had an easy time of it in the ’60s when I started. I just see a continuous increase in regulation.

Police and prosecution roundup

  • “Once your life is inside a federal investigation, there is no space outside of it.” [Quinn Norton, The Atlantic]
  • “Cops Detain 6-year-old for Walking Around Neighborhood (And It Gets Worse)” [Free-Range Kids] “Stop Criminalizing Parents who Let Their Kids Wait in the Car” [same]
  • Time to rethink the continued erosion of statutes of limitations [Joel Cohen, Law.com; our post the other day on Gabelli v. SEC]
  • “Are big-bank prosecutions following in the troubled footsteps of FCPA enforcement?” [Isaac Gorodetski, PoL]
  • The “‘professional’ press approach to the criminal justice system serves police and prosecutors very well. They favor reporters who hew to it.” [Ken at Popehat]
  • Scott Greenfield dissents from some common prescriptions on overcriminalization [Simple Justice]
  • Anti-catnip educational video might be a parody [YouTube via Radley Balko]
  • “Too Many Restrictions on Sex Offenders, or Too Few?” [NYT “Room for Debate”]
  • Kyle Graham on overcharging [Non Curat Lex] “The Policeman’s Legal Digest / A Walk Through the Penal Laws of New York (1934)” [Graham, ConcurOp]
  • “D.C. Council Proposes Pretty Decent Asset Forfeiture Reform” [John Ross, Reason] And the Institute for Justice reports on forfeiture controversies in Minnesota and Georgia.
  • Does prison privatization entrench a pro-incarceration lobby? [Sasha Volokh, more]

Tales of competition through regulation III: pharma v. compounding pharmacies

Compounding pharmacies, which mix medications to order, are a corner of the drug business that has been much less heavily regulated than mass-manufacturing drug companies. As a result, the compounders began expanding their market presence as against the mass manufacturers, and even get into mass manufacturing methods themselves. The process accelerated in the past few years after tightened FDA control of conventional makers’ production practices (under GMP, or Good Manufacturing Practice, regulation) began to result in widespread production-line suspensions; for hospitals and other users, the availability of compounded alternatives is often the only fallback in the face of shortages.

Unfortunately, poor quality control at some compounders resulted in a series of fiascos culminating in a meningitis outbreak. Now the Washington Post reports that major drug companies are seizing the chance to hobble their competition by pressing for maximally burdensome regulation of compounders, including the addition of regulations unrelated to safety, such as rules aimed at restricting the compounding of formulas that imitate the action of patented products. Hospitals, which sometimes engage in compounding themselves to obtain medication for their patients, say overregulation could worsen the problem of drug shortages. [Kimberly Kindy and Lena Sun, Washington Post] Earlier on drug shortages here, here, etc.

To corral health care costs, look at medical liability

That’s former Obama Administration budget director Peter Orszag’s view [Bloomberg]:

Most of the costs in the U.S. health-care system are incurred in a small number of expensive cases. The top 25 percent of Medicare beneficiaries ranked by cost, for example, account for 85 percent of total spending. And the expenses in those cases are driven significantly by the recommendations that doctors make to pursue one treatment path and not another.

In making these choices, doctors are influenced by various things, including medical-school training, traditions among their peers, financial incentives (which are distorted by fee- for-service payments) and, yes, the medical-malpractice system. Improving the criteria for what constitutes appropriate care could significantly change doctors’ behavior and also save money, recent research by Michael Frakes of Cornell Law School suggests.