“I don’t care what the law says, you’re getting a summons,” says the officer. But property rights turn out to have their day. [Vivian Lee, NY Times “City Room”] More: Above the Law interview with Brooklyn Law student Andrew Rausa.
Medical roundup
- How’d we get shortages of hospital and community sterile injectables? Check out the role of FDA Good Manufacturing Practice (GMP) regs, warning letters, and resulting plant closures [Tabarrok, with comments controversy; earlier here, here, here, etc.]
- California orthopedist sues, wins damages against medical society that took action against him based on his testimony for plaintiff in liability case [American Medical News; earlier here, etc.]
- Can’t have that: medical apology should be opposed because it “can create an emotional connection with an injured patient that makes the patient less likely to ask for compensation.” [Gabriel Teninbaum (Suffolk Law), Boston Globe]
- Feds’ war on painkillers is bad news for legit patients and docs [Reuters, Mike Riggs/Reason]
- New federal pilot project in Buffalo will provide concierge-style home care to emergency-department frequent fliers. Spot the unintended consequence [White Coat]
- Dastardly drug companies? Deconstructing Glaxo SmithKline’s $3 billion settlement [Greg Conko, MPT] More: Beck, Drug and Device Law, on suits over “what are mostly medically valid and beneficial off-label uses”. Paging Ted Frank: “HIPAA’s Vioxx toll” thesis may depend on whether one accepts that the premised Vioxx toll has been established [Stewart Baker, Ted’s recent post]
- U.K.: “Lawyers seizing lion’s share of payouts in NHS negligence cases” [Telegraph]
- Silver linings in SCOTUS ObamaCare ruling? [Jonathan Adler and Nathaniel Stewart] “DNC Scientists Disprove Existence of Roberts’ Taxon” [Iowahawk humor] Did Ginsburg hint at the court’s direction on the HHS contraception mandate? [Ed Morrissey, Hot Air]
[cross-posted at Cato at Liberty]
TSA should explain — or end — its body scanner program
A year ago the D.C. Circuit told the Transportation Security Administration (TSA) that it needed to go through notice-and-comment rulemaking for its controversial program of full-body scanners at airports. The rulemaking process is intended to ensure that the agency lays out clearly the factual, legal and policy basis for its actions, with a chance for opponents to lodge objections and establish a basis for judicial review. As my colleague Jim Harper points out, the agency has dragged its heels about doing this — a sort of passive resistance it would probably not tolerate from the hapless citizens stuck in its lines. TSA screening is one of the most widely resented governmental intrusions on the individual citizen of our era. Shouldn’t we all demand that the federal government demonstrate adequate justification for imposing it? [Cato at Liberty and Ars Technica; Consumerist; Constitutional Law Prof, 2011] (& welcome National Review “Web Briefing” readers; John LaPlante, Detroit News “Water Cooler”)
Complaint: restaurant’s church-bulletin discounts violate bias law
“For more than a year, Prudhomme’s Lost Cajun Kitchen in Columbia, Lancaster County has offered a Sunday special: Diners who bring in a current church bulletin receive 10 percent off the purchase of their dinners.” Local atheist John Wolff, “who said he’s never been to Prudhomme’s, recently filed a complaint with the Pennsylvania Human Relations Commission claiming the 22-year-old restaurant should not give discounts based on religion.” The co-owner of the restaurant said the promotion was an effort to stimulate Sunday business and that she doesn’t care whether customers have any particular views on religion. [Sue Gleiter, Harrisburg Patriot-News]
The costs of the FDA, compounded
As exclusivity is granted based on the staggering costs of clearing the FDA steeplechase, low-cost consumer options have a way of disappearing: “KV priced Makena like so many other branded drugs at $1,500 per injection. Had there been no compounding market at about $15 per injection, virtually no one’s sense of propriety would have been ruffled and perhaps no one would have even noticed.” [Charles Hooper, Medical Progress Today]
Idaho judge: newspaper must disclose info on anonymous commenter
“The [Spokane, Wash.] Spokesman-Review must provide information that could identify an anonymous reader who typed a disparaging online comment about the chairwoman of the Kootenai County Republican Party in February, an Idaho judge ruled Tuesday.” [Spokesman-Review] More: Citizen Media Law.
Judges roundup
The good, the bad, and the beyond belief:
- “Ten Commandments” judge no favorite with business defendants: “Trial lawyers putting their campaign cash behind Roy Moore for Alabama chief justice” [Birmingham News via Charlie Mahtesian, Politico; same thing twelve years ago]
- From James Taranto, a brief history of Supreme Court leaks [WSJ “Best of the Web,” mentions my Daily op-ed]
- Pennsylvania: Judge’s swearing-in ceremony “was filled with appreciation to those who helped him get elected, including some convicted felons” [Judges on Merit; Walter Phillips, Philadelphia Inquirer]
- Roberts just carrying forward the Frankfurter-Bickel-Bork tradition of judicial deference? [Steven Teles, Carrie Severino, further Teles] Ted Olson on just-finished Supreme Court term [FedSoc and video]
- Columnist-suing attorney doesn’t lack funding in race for appellate judgeship in Illinois’ Metro-East [Chamber-backed Madison County Record]
- Study: SCOTUS Justices time their resignations depending on political party of President [James Lindgren, Volokh]
- Alameda County judge charged with elder theft, perjury [The Recorder]
- Profile of 5th Circuit’s Edith Jones; law wasn’t her first career choice, and Cornell riots influenced her path [Susanna Dokupil, IWF]
EEOC settles complaint over heavy equipment operator with epilepsy
“The Equal Employment Opportunity Commission has reached a $49,500 settlement with a construction company and utility company for withdrawing a job offer to a heavy equipment operator with epilepsy.” [Judy Greenwald, Business Insurance, earlier] In other news: “Just under two weeks after suffering a seizure that led to two car accidents within minutes of each other, Commerce Secretary John Bryson has submitted his resignation.” [NPR]
Lawyer: woman will stop suing School for the Deaf over frequent flyer miles
The Texas School for the Deaf flies its non-local students to their family’s homes each weekend for free, and saves the frequent flier miles for purposes such as buying air tickets for chaperones. A woman identified as D.G. sued, saying the benefit of the miles should go to her daughter, but her lawyer says she’s dropping the suit in view of the big public outcry against it. [Claire Osborn, Austin American-Statesman; followup, Ken Herman]
Usage note
A reader chides me for using the prefix “ultra-” to mean “extremely,” saying it should be limited to meaning “beyond.” My response is here.