Thanks to copyright and media law maven Ron Coleman for his contributions last week (his popular “DJ Paulie” post drew a link from coveted TechDirt). You can read all of his posts here.
House committee votes to defund CPSC database
The House Appropriations Committee, following the lead of Rep. Jo Ann Emerson (R-Mo.), is disinclined to throw more money at a flawed public denunciation box. Sean Wajert has more, while a L.A. Times columnist hyperventilates in a style not untypical of much of that newspaper’s consumer affairs coverage.
“After TwIqbal, defendants don’t have to take scattershot pleading lying down”
The Supreme Court’s admirable Twombly and Iqbal precedents give a federal district court the means to turn back a shotgun lawsuit against a horde of undifferentiated defendants [McFarland v. APP Pharmaceuticals LLC, slip op., 2011 WL 2413797 (W.D. Wash. June 13, 2011) via Beck, Drug and Device Law]. Quoting the court:
[A]lleging that 93 defendants all manufactured, distributed, and/or sold all of the products that caused all of plaintiff’s injuries is not plausible. In addition, plaintiff’s allegations are internally inconsistent. The complaint alleges that “each” of the defendants manufactured the heparin that caused her injuries, but also alleges that each of the 93 defendants “separately manufactured, marketed, distributed, wholesaled, and/or sold” heparin. The inconsistencies between those allegations, which are not pled in the alternative, further highlight the implausibility of plaintiff’s allegations.
James Beck writes, “Basically, the plaintiffs in McFarland didn’t want to do even the most basic spadework of identifying the correct defendants before bringing suit, so they threw in the kitchen sink in the hope that the defendants would end up having to spend the time and effort to figure things out.” After Twombly and Iqbal, that’s become a less effective legal tactic — one of many reasons to resist the Litigation Lobby drive to get Congress to overturn the two pleading decisions.
July 12 roundup
- Not for first time, Dahlia Lithwick misrepresents Wal-Mart case [Ponnuru, Whelan, earlier here and here]
- Merciful gods, please spare us ghastly “Caylee’s Law” proposal [Josh Blackman, Reuters, Greenfield, Frank] More on constitutional flaws [Robson, Tribe]
- Mark Perry on efforts to replace the relatively open-entry Washington, D.C. taxi system with NYC-style cartelization via medallion;
- “Wrongful Convictions: How many innocent Americans are behind bars?” [Balko]
- “Persaud identified himself as a juror, offering to fix the verdict for a fee.” [CBS NY; Long Island med-mal case]
- “Is the Common Law the Solution to Pollution?” [Jonathan Adler, PERC]
- “Rice Krispies class action settlement” [Ted Frank]
UK: too dangerous to let townswomen tend flowers around war memorial
The Women’s Institute in Shepperton, Middlesex, England, volunteered to tend the flowers around a war memorial on a traffic roundabout when budget cuts threatened elimination of the landscaping. “They were told by councillors that it would be too dangerous” to cross the road to the roundabout, although pedestrians traverse the same path in getting from one street to another. Telegraph]
Great moments in housing finance law
“Wells Fargo & Co. decided to exit reverse mortgages after federal officials insisted it foreclose on elderly customers who were behind on property tax and insurance payments, a Wells executive wrote in an email to business contacts Friday.” [American Banker]
“What ‘Inside Job’ got wrong”
An accusatory film about the financial crisis glides over some inconvenient complications. [Ezra Klein, Washington Post]
Food law roundup
- Texas legalizes sale of home-baked goods; “Mom can come out of hiding” [KLTV; @JohnWaggoner] New York regulators order Greenmarket cheese vendors to stop custom-slicing wedges for customers [Baylen Linnekin]
- Children who take school lunch more likely to be obese than those who brown bag it [Freddoso] And is there still time to save chocolate milk? [Boston Herald on proposed Massachusetts school ban]
- “Obesity policy” in theory: “High-calorie food is too cheap” argument of NYT’s Leonhardt is open to doubt [Josh Wright] “Is obesity really contagious?” [Zoë Pollock, The Dish] Knives out among scientists debating food causes of obesity [Trevor Butterworth, Forbes] Feds look to regulate food similarly to tobacco in hope of saving money on health care [Munro, Daily Caller]
- …and practice: “Calorie counts don’t change most people’s dining-out habits, experts say” [WaPo, Richer/WLF] Obama nutrition campaign: eat as we say, not as we do [The Hill] Of recent USDA “recipes for healthy kids,” 12 of 15 would not have met proposed FTC ad standards [WSJ] Nanny’s comeuppance? “States rein in anti-obesity laws” [WSJ Law Blog]
- “Food safety chief defends raw milk raids” [Carolyn Lochhead, SF Chronicle, earlier]
- “It’s Time to End the War on Salt: The zealous drive by politicians to limit our salt intake has little basis in science” [Melinda Wenner Moyer, Scientific American]
- After talking with experts, NYT’s Mark Bittman walks back some assertions about the European e. coli outbreak, now blamed on Egyptian fenugreek seeds [Science Mag; related, Kolata/NYT]
- “If anything, China’s food scandals are becoming increasingly frequent and bizarre.” [LATimes]
- Public criticism of activist food policy often calls forth a barrage of letters defending government role in diet. Ever wonder why? [Prevention Institute “rapid response” talking point campaign; how taxpayers help]
Chicago neurosurgeons pay $4500/wk in med-mal premiums
Neurosurgeons in Cook and four other counties pay nearly $230,000 a year, obstetricians nearly $140,000, and general surgeons nearly $100,000. The legislature in Springfield had voted liability limits, but last year the Illinois Supreme Court, in a decision hailed by organized plaintiff’s lawyers but condemned as lawless by many others, struck down those limits. [Heather Perlberg, Medill]
July 10 roundup
- Jury rejects Jamie Leigh Jones rape claim against Halliburton/KBR. Next, a round of apologies from naive commentators and some who used the case to advance anti-arbitration talking points? [WSJ; Ted Frank/PoL and more; WSJ Law Blog (plaintiff’s lawyers sought shoot-the-moon damages)]
- Time magazine vs. James Madison on constitutional law (spoiler: Madison wins) [Foster Friess via Ira Stoll]
- Andrew Trask reviews new Curtis Wilkie book on the Dickie Scruggs scandal;
- “Right to family life” evolution in human rights law deters UK authorities from deporting various bad actors [Telegraph]
- Paging Benjamin Barton: How discovery rules enrich the legal profession at the expense of the social good [PoL]
- USDA heeds politics, not science, on genetic crops [Henry Miller/Gregory Conko, PDF, Cato Institute Regulation]
- “Legal Questions Raised by Success of Monkey Photographer” [Lowering the Bar]