The practice was common and unremarkable during the Golden Age of Radio, yet somehow the Republic survived (John Hood, “Warning: Coke, Though Refreshing, Is A Sponsor of This Program “, Reason, Nov. 22).
Mistrial in federal Vioxx case
Ted has been covering developments in the case against Merck at length over at Point of Law, with occasional contributions from others such as Michael Krauss and me. On the New England Journal of Medicine story of last week, see also Derek Lowe, Dec. 9, and Evan Schaeffer, Dec. 8.
Blawg Review #36
…is up at AutoMuse, and mentions our posts on immigration penalties and on suing moms in Alberta.
Annals of overreaching legal fees
An appeals court in Missouri has ruled (Susan Mello v. Anita Davis and McDonnell-Douglas) that a lawyer who represented a client in an employment claim is not entitled to collect 35% of her client’s future salary and benefits by way of a claimed contingent fee. Best (if somewhat unsettling) quote from the court’s caustic opinion:
if it was Mello’s intent to have her client surrender 35 to 45% of all future earnings until the welcome hand of death freed her from this servitude, the contract needed to say as much.
(Via George Lenard, Dec. 9, who says the case “would be funny if it weren’t so sad”).
Book review: A.N. Wilson, “After the Victorians”
In today’s New York Times Book Review I’ve got a review of After the Victorians, the new book by journalist/author A.N. Wilson surveying the history of Great Britain in the first half of the twentieth century, a period of marked geopolitical decline culminating in the dissolution of the Empire. I praise the book as cleverly organized, engagingly written and rich in content, but point out that it is utterly wrongheaded in blaming the decline of British power in the 1940s on the supposed perfidious schemes of the United States (Walter Olson, “Damn Yankees”, Dec. 11).
Update: UK nixes “economy class syndrome” suits
Britain’s highest court, the Law Lords, “ruled that lesser courts correctly threw out an application by passengers or their families seeking to sue two airlines, British Airways and China Airlines, for death and injury from deep vein thrombosis (DVT). The action was a test case that could have thrown the air industry open to compensation claims for millions of pounds.” (Martin Hickman, The Independent, Dec. 9; Simon Calder, The Independent, Dec. 9; Joshua Rozenberg, Daily Telegraph, Dec. 9). More: see Jun. 25 (Australia), Oct. 3, 2004 (U.S.), etc.
Update: Port Authority seeks voiding of WTC verdict
A few weeks ago (see Oct. 27, Oct. 29) a jury decided to hold the Port Authority of New York and New Jersey 68 percent to blame for the first World Trade Center bombing, and the terrorists themselves only 32 percent responsible. Now the authority has filed court papers declaring that the verdict “shocks the conscience” and urging that it be set aside. According to the motion, the outcome in the case “stemmed directly from the court’s jury instructions and verdict sheet interrogatories that violated the Port Authority’s fundamental right to a fair trial.” The authority also faults Judge Nicholas Figueroa for “banning testimony from terrorism experts called by the authority,” and for asserting that he would be justified in overturning a defense verdict should the jury return one. (Anemona Hartocollis, “Port Authority Seeks Voiding of Jury Verdict”, New York Times, Dec. 7). Andy MacCarthy has a comment at National Review Online.
Update: feds reindict in Mississippi scandal
“The federal government has indicted three defendants in a judicial bribery case for the fourth time, adding conspiracy to the list of charges against former Biloxi lawyer Paul Minor, former Circuit Court Judge John Whitfield and former Chancery Court Judge Wes Teel.” (Biloxi Sun-Herald; AP; Jackson Clarion-Ledger). In August, a jury acquitted state Supreme Court justice Oliver Diaz Jr. of all charges in the case, acquitted Minor and Whitfield of some charges, and was unable to reach agreement on the other counts against Minor, Whitfield and Teel. For our coverage, see Sept. 18, Aug. 17, Aug. 15, Aug. 11, etc. More legal woes for Minor: Julie Goodman, “Minor may lose bond following La. arrest”, Jackson Clarion-Ledger, Nov. 5 (federal prosecutors allege violations of Minor’s bail requirements after police charge him at crash scene “with operating a vehicle while intoxicated, failure to maintain control, driving without an insurance certificate and reckless driving. …The motorist in the other car, who subsequently hired an attorney, complained of back and chest pain, he said”); “Attorney in bribery case faces new bond conditions”, AP/Biloxi Sun-Herald, Nov. 8; “Judge to consult doctor who tested Paul Minor”, AP/Sun-Herald, Nov. 25.
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Update: Kazakhstan v. “Borat”
The Central Asian country has dropped its lawsuit against comedian Sacha Baron Cohen, the Boston Globe reported (Joshua Glenn, “Surprise Kazakh”, Nov. 27)(via Amanda Butler)(see Nov. 16, Nov. 29).