Tom Scott in Flash Report notes that a specialized California bar continues to rake in substantial money suing businesses for alleged Prop 65 violations, such as failing to put warnings on their merchandise. Three named lawyers (Russell Brimer, Anthony Held, and John Moore) obtained attorney’s fees and costs last year in the $1.8 million-$2 million range after settling 61, 41 and 47 suits respectively.
April 25 roundup
- Eugene Volokh on civil liberties problems with the Violence Against Women Act reauthorization [first, second posts]
- More coverage of the “N.C. vs. diet advice blogger” story we noted in February [Sara Burrows/Carolina Journal, Brian Doherty/Reason]
- A case for an administrative alternative to asbestos litigation [Michael Hiltzik, L.A. Times] More on administered compensation funds [Adam Zimmerman, Prawfs]
- Scuttle-the-boat insurance fraud scheme goes amusingly wrong [Lowering the Bar]
- “To lower prices at the pump, abolish the boutique fuel regime” [Steven Hayward, Weekly Standard]
- Supreme Court denies certiorari in NYC rent control case [Trevor Burrus, Cato; earlier here and here] But it does grant cert in Cato-backed property rights action [Ark. Fish & Game v. U.S.; Shapiro]
- New Zealand’s innovative public policies: left, right or something else? [Eric Crampton] Let’s be more like the Scandinavian countries [Tim Worstall, UK] Don’t forget loser-pays…
WalMex and the mordida, cont’d
I’ll be writing at more length about the New York Times’s story on Wal-Mart de Mexico’s payments to local officials, and the apparent sense of some in Bentonville that the issue would rest quietly if only they didn’t investigate it too hard. In the mean time, I’ve got a new post up at Cato at Liberty pointing to some reactions to the case from observers like Mike Koehler, Peter Henning, Stephen Bainbridge and Paul MacAvoy (interviewed by Dan Fisher at Forbes).
P.S.: Discussions of Mexico’s lamentable national institution of la mordida — literally, “the bite” — here, here, and here.
Is that a whistle in your pocket?
Or are you just glad to sue me? “A New Jersey appeals court … overturned a $3.6 million whistleblower award to a Wachovia worker who claimed he was fired for revealing corporate fraud rather than for passing around revealing photographs.” [Michael Booth, New Jersey Law Journal]
Chimp mauling victim wants to sue state
A Bridgeport attorney for Charla Nash says the attack could have been avoided had Connecticut been tougher in enforcing its regulations. [WCBS]
Medical roundup
- Primer on “severability”: would ObamaCare fall if individual mandate struck down? [Loyola, Epstein, Shapiro, American Interest] Maybe the President picked the wrong fight: “Supreme Court’s Ratings Jump Following Health Care Hearings” [Randy Barnett]
- Heritage on med-mal reform and federalism [Hans von Spakovsky; my take] A case for New Hampshire’s “early offer” med-mal proposal [Robinette, TortsProf] “Ohio’s tort reform has curbed soaring malpractice costs” [Columbus Dispatch editorial]
- Madison County: plaintiff’s lawyer seeks gag order in med-mal case [MC Record]
- Academics debate whether authorities should crack down on medical tourism [Cohen et al, Opinio Juris]
- Shortage of physician volunteers at marathon sports events, readers of this site can guess the reason [Outside mag via White Coat]
- Connecticut Gov. Malloy proposes letting home health workers rather than nurses administer pills to homebound patients, major savings foreseen [Connecticut Mirror] Related, David Henderson;
- Governments now often cite HIPAA as reason not to release information regarding accidents, crimes and disasters [Glenn Cook, Las Vegas Review-Journal] How HIPAA implementation can keep patient history out of emergency medical responders’ hands [EP Monthly]
- London: Red Ken has pay doc, NHS being Not His Style [Marian Tupy, Cato at Liberty]
John Edwards trial begins
Josh Gerstein at Politico has a playbook; my Cato colleague Gene Healy explains why you should consider the prosecution troubling even if, like close to 100% of the American population, you have an unfavorable view of Edwards. Earlier here, here, here, etc. More: Rick Esenberg, Richard Pildes.
Wal-Mart and FCPA
Wal-Mart’s expansion into Mexico, one of the great American business success stories of recent years, may also have led the giant retailer into extensive violations of the Foreign Corrupt Practices Act — in particular, if a New York Times investigation is to be believed, through efforts by U.S. management to sweep under the rug strong evidence that rogue management in Mexico had paid millions of dollars in bribes to facilitate the chain’s expansion. [NYT, AW, Business Insider] Last fall I described the law as “a feel-good piece of overcriminalization” that Congress should never have passed; more on FCPA here.
You or your cat…
…can become a certified forensic consultant, it seems. “As soon as I finished the test, a screen popped up saying that I had passed, earning me an impressive-sounding credential that could help establish my qualifications to be an expert witness in criminal and civil trials. For another $50, ACFEI mailed me a white lab coat after sending my certificate.” Do the lab coats come in cat sizes? [Leah Bartos, ProPublica]
Monday afternoon: “Stand Your Ground” at Cato
The 4 p.m. panel discussion Monday at Cato’s Washington, D.C. headquarters will be free and open to registered participants here. You can also follow it live online at www.cato.org/live and join the conversation on Twitter with the hashtag #CatoEvents.