“Obama Open to Reining in Medical Suits”

Confirming earlier reports: “In closed-door talks, Mr. Obama has been making the case that reducing malpractice lawsuits — a goal of many doctors and Republicans — can help drive down health care costs, and should be considered as part of any health care overhaul, according to lawmakers of both parties, as well as A.M.A. officials.” One positive factor for reformers: presidential aide Dr. Ezekiel Emanuel has written that there is “no doubt” that “monumental change” in the malpractice system is called for. [New York Times]

In 2004, Obama was quoted as saying, “Anyone who denies there’s a crisis with medical malpractice insurance is probably a trial lawyer”. Other coverage here, here (Ted at PoL, taking skeptical view) and here. The Times characterizes former Senate leader Tom Daschle as being these days “a strong proponent of linking evidence-based medicine with protections against lawsuits”; it’s not clear how new this development is, or how comfortably it meshes with Daschle’s role as a reliable longtime ally of organized trial lawyers (cross-posted at Point of Law). More: Sean Alfano, CBS “Political HotSheet”; Max Kennerly (on proposal’s lack of clarity); Carter Wood @ ShopFloor (if this is meant as more than a bargaining chip, shouldn’t the Obama administration be looking askance at expanded medical-device liability?).

Cherry-baggers beware

An expensive seasonBy this point there have been emphatic denials from many official quarters that the new food safety bills getting serious attention in Congress will pose any undue burden to small, localized, or specialty food enterprises (see discussion here, here, here, here, here, etc.). And yet even one prominent advocate of the new legislative push, food poisoning attorney Bill Marler, is expressing unease about the effects on small enterprise of one of the major bills, HR 759. Among other provisions, it would finance some government safety efforts by slapping a $1,000 fee on all “food facilities”, farmers alone excepted. More on the bill: Northeast Organic Farming Association, Food Law Blog. And: lawmakers at markup indicate willingness to cut fee from $1,000 to $500 (Naomi Starkman, Civil Eats; for a quick guide to other food blogs predictably differing from many views found in this space, see this post at Bitten).

Prisoners’ first-amendment rights

Protect “a letter to [a] girlfriend [stating] that a prison officer had sex with a cat” but do not protect mailing a prosecutor “a note written on toilet paper” saying “Dear Susan, Please use this to wipe your ass, that argument was a bunch of shit! You[rs] Truly, George Morgan.” (Morgan v. Quarterman (5th Cir. 2009)). W.C., sending us the case, comments, perhaps only semi-facetiously:

(i) He said “very truly yours.” Maybe he was trying to help her. He was at least sincere.

(ii) I wouldn’t mind doing a similar stunt to opposing in a case I have currently. I too would do so from a helpful perspective. Is that so wrong?

Oops dept.

The lead plaintiff in Alli v. Decker, an ACLU-led class action lawsuit aimed at preventing the deportation of various aliens who commit crimes, turns out to be a conman who played a role in a huge Nigerian-led identity theft scam. Reports the Times:

The news media campaign was all set to go. There was even a Web site ready with a sympathetic profile of Alexander Alli, 49, the man the American Civil Liberties Union had chosen as the lead plaintiff …Court documents tell the story of Mr. Alli’s life before his fall as a familiar tale of immigrant pluck, luck and hard work.

Well, yes, court documents prepared by his lawyers would tend to do that, while tending to downplay or omit the massive identity theft operation in which Mr. Alli was a participant, which extracted more than $50 million by impersonating and victimizing some 30,000 credit card holders: he “admitted to being personally responsible for $70,000 to $120,000 of the multimillion-dollar losses to banks and credit card companies”. Start deporting people like that, and where is our next generation of scam artists supposed to come from? [New York Times, Patrick at Popehat]

June 12 roundup

  • Judge in Van Buren County, Michigan won’t approve adoptions unless one parent promises to stay home [Ken at Popehat]
  • Critical view of proposed Performance Rights Act, under which radio would pay new fees to artists and copyright owners [Jesse Walker, Reason]
  • Student threatens to sue school district: “You can say she was an exotic dancer and she was 18, but it was not an equal relationship.” [Boston Herald, columnist Margery Eagan, Worcester Telegram]
  • More attention for U.S. Chamber’s movie trailers promoting awareness of lawsuit abuse [NY Times]
  • Train didn’t actually strike her car at dicey RR crossing after gate closed behind her, but New York woman’s suing Metro-North anyway for the bad scare [Westchester, N.Y. Journal-News]
  • Uh-oh: Defamation-and-privacy section of American Association of Law Schools keeps electing as leaders feminist lawprofs known for speech-restrictionist views [Greenfield, earlier]
  • Cows and vows don’t mix: Oregon county says weddings may not be held on farm-zoned land [KTVZ]
  • Paul Offit, author of noteworthy book Autism’s False Prophets, sued by anti-vaccine blogger [Confutata (scroll), Alyric, link to complaint (PDF) at Courthouse News]

“Former employee wins $4.1 billion”

Not a misprint: the arbitration award in Chester v. iFreedom Communications Inc., (PDF), in favor of a former chief marketing officer fired without cause, was really $4.1 billion with a b. [Dennis Westlind, World of Work via Ohio Employer’s Law; JAMS, Los Angeles]

P.S.: A commenter at an Alabama site: “So much for mandatory binding arbitration always favoring the big company.”

P.P.S.: More on how it happened, including serious lapses by the defendant in responding to the action, from AmLaw Litigation Daily, National Law Journal, and Daniel Schwartz.