Touch-a-car-for-the-longest contest

In Longview, east Texas, the Patterson Nissan dealership held a contest awarding prizes to the participants who could hold their hands on a car the longest. One contestant dropped out, ran to a nearby store where he broke a gun out of its case, and shot himself. The dealership has now settled the lawsuit by Richard Thomas Vega II’s widow claiming that the stress and sleep deprivation of the event amounted to “brainwashing” and that the sponsors failed to make allowances for temporary loss of sanity. (AP/FoxNews.com, Aug. 17).

August 20 roundup

“Divorce, Connecticut-Style”

One Westport split cost the divorcing couple an estimated $13 million. It differed in degree, but not really in kind, from many lesser domestic catastrophes: “Divorcing couples in Connecticut regularly rack up bank-busting legal bills that can put the lesser earning party — and there often is an economic imbalance between warring couples — into bankruptcy. … the most expensive and sought-after divorce attorneys are commonly referred to as ‘junkyard dogs.'” Then there are the hefty sums you may be forced to hand over to lawyers who get themselves appointed guardians ad litem, to represent your kids against, well, you and your ex (Daniel D’Ambrosio, Hartford Advocate, Jul. 24).

“New Talk” discussion of loser-pays

Philip Howard’s new online discussion series, New Talk, is back today with a discussion of loser-pays, moderated by Rebecca Love Kourlis. I’m one of the discussants, as is Marie Gryphon of the Manhattan Institute’s Center for Legal Policy, and a galaxy of others, including several law professors who can be expected to oppose the idea strongly. You can tune in here (cross-posted from Point of Law).

More: publicity from Kevin Williamson at NRO Media Blog.

Mirapex jackpot justice – literally

Gary Charbonneau had a gambling history, including substantial wins, which devolved into compulsive gambling in 2002. He blames this on his Parkinson’s disease medication, Mirapex, which he started taking in 1997. Mirapex changed its warning label to include reports of a correlation while Charbonneau was taking the drug; Charbonneau’s doctor kept prescribing the drug. Nevertheless, Charbonneau was able to persuade a jury that the failure to warn was what was responsible for his $200,000 gambling losses (much of which came from gambling illegally) and resulting marital troubles. The jury verdict even awarded $8 million in punitive damages, giving a whole new meaning to jackpot justice (though one would expect the trial court to reduce this substantially). The only press coverage of this lawsuit, aside from a handful of blogs (Pharmalot; TortsProf; InjuryBoard), is in an op-ed I wrote for today’s Examiner about the case and about how a Supreme Court case and Congressional legislation could affect it. (Theodore H. Frank, “Jackpot justice gets new meaning,” DC Examiner, Aug. 19).

August 19 roundup

White Coat Rants on “never events”

Blood should never clot, microorganisms should never happen, and one doc-blogger is on a tear (Aug. 14, more, Aug. 17) over the sometimes absurd hype being given to the concept:

“Never events” are and always have been “all about the Benjamins.” Look at this news release. The “background” section states that the “never events” were “required” pursuant to Section 5001(c) of the Deficit Reduction Act. Medicare wants to stop paying for things not because they “should never happen” but because it’s trying to save money. The whole “never event” moniker is just a spin they put on the cuts to make it look like someone else’s fault. Do “never events” never occur at government run hospitals? We’ll never know because CMS doesn’t even include government run hospitals on the “hospital compare” list.