Posts Tagged ‘attorneys general’

The Very Model of a State Attorney General, cont’d

Following a letter from 22 state attorneys general, Urban Outfitters has agreed to stop selling a humorous mug with a “Prescription: Coffee” design. The AGs argued that prescription drug abuse is a very serious matter and not something to be joked about. [via Eugene Volokh]

The humor-impaired AGs participating (is yours on this list?) included those from Arizona, Arkansas, California, Colorado, Florida, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Mississippi, Montana, New Mexico, Ohio, Oregon, Pennsylvania, Tennessee, Utah, and Wyoming, as well as Guam. According to Maggie Thurber at Ohio Watchdog, “the Partnership at Drugfree.org went further and categorized [the mugs and related coasters and other trinkets] as ‘prescription drug paraphernalia products.'”

Aside from a few core functions such as defending their states in litigation and issuing legal opinions to guide state agencies, state attorneys general have far too much discretionary authority to butt into whatever controversial areas may suit their taste for popularity and political advancement, even when, as here, there is no evident basis to think that Urban Outfitters had violated any actual law. It seems highly unlikely that the novelty mugs send any particular message that undermines public respect for prescription drug laws, but if for some reason they did, they would be entitled to more protection against AG bullying, not less, since expressive objects that send a symbolic message of disrespect for government policy will often qualify for First Amendment protection.

Congratulations to the 28 AGs who resisted the temptation to join in this busybody intimidation. (cross-posted at Cato at Liberty)

Filed under: attorneys general, illegal drugs

Torts roundup

State attorneys general and contingent-fee lawyers: West Virginia high court says OK [WV Record] Similar Nevada challenge [Daniel Fisher]
Driver of bus that fatally crushed pedestrian fails to convince court on can’t-bear-to-look-at-evidence theory [David Applegate, Heartland Lawsuit Abuse Fortnightly]
UK uncovers biggest car crash scam ring, detectives say County Durham motorists were paying up to £100 extra on insurance [BBC, Guardian, Telegraph]
“A Litigator Reviews John Grisham’s The Litigators” [Max Kennerly]
Quin Hillyer, who’s written extensively on litigation abuse, is putting journalism on hold and running for Congress from Mobile, Ala. [American Spectator]
Not clear how man and 5-year-old son drowned in pool — he’d been hired for landscaping — but homeowner being sued [Florence, Ala.; WAFF]
“U.S. Legal System Ranked as Most Costly” [Shannon Green, Corp Counsel] “International comparisons of litigation costs: Europe, U.S. and Canada” [US Chamber]

Filed under: Alabama, attorneys general, contingent fee, crash faking, Nevada, pools, transit, U.S. House of Representatives, United Kingdom, West Virginia

February 26 roundup

Tel Aviv: “City Workers Paint Handicap Space Around Car, Then Tow It” [Lowering the Bar]
Editorial writer has some generous comments about my work on excessive litigation. Thanks! [Investors Business Daily]
Nuisance payment: Toyota will throw $29 million at state attorneys general who chased bogus sudden acceleration theory [Amanda Bronstad, NLJ]
“Iowa Woman Who Didn’t Break Allergy Pill Limit Law Charged with Crime Anyway” [Shackford]
Cutting outlays on the nonexistent census, and other bogus D.C. spending cuts: in the business world, they’d call it fraud [Coyote, Boaz] Skepticism please on the supposed national crumbling-infrastructure crisis [Jack Shafer]
Tassel therapy: “Lawsuit Claims Dancing in a Topless Bar “Improves the Self Esteem” of the Stripper” [KEGL]
Was there ever an economics textbook to beat Alchian and Allen? R.I.P. extraordinary economist Armen Alchian, whose microeconomics introductory course for grad students I was fortunate to take long ago [Cafe Hayek, David Henderson, more, more, more, Bainbridge]

Filed under: accolades, allergies, attorneys general, strippers and exotic dancers, Toyota, traffic laws

February 14 roundup

“From Chevron to Arlington: The Court and the Administrative State at Sea” [Michael Greve]
“Tawana Brawley ordered to pay settlement to man she accused of rape” [ABA Journal] False memories of being assaulted by Tigger, and how that can happen [Lowering the Bar; William Saletan, Slate, debunks a Gawker story, 2010]
“Portlandia — The Bed and Breakfast Inspector” [Armisen/Brownstein, IFC]
Writer at National Review Online sees Obama’s “pro-marriage” talk as logically entailing big new entitlement program, and applauds that [W. Bradford Wilcox]
“What’s Next For The Class Action Plaintiffs’ Bar? Getting Deputized By State Attorneys General” [Kevin Ranlett, Mayer Brown]
“Christian School’s Lawsuit May Test Supreme Court’s Religious Freedom Ruling in Hosanna-Tabor Case” [Fed Soc Blog]
“The Slippery Slope (Insurance Fears = No More Sledding)” [Free-Range Kids]

Filed under: administrative law, attorneys general, churches

January 29 roundup

In job bias dispute: “Federal Court Says Veganism Might Qualify As A Religion” [Religion Clause]
Perennially credulous L.A. Times drops broad hints that Toyota settlement vindicates sudden acceleration theories, others know better [LA Times, NLJ earlier]
“Cato Named America’s Most Effective Think Tank Per Dollar Spent” [Dan Mitchell, Nick Rosenkranz]
Disappointing: Transportation Sec. LaHood said to be “sticking around for a while” [Roads and Bridges, earlier] That was quick: only hours later, he says he’s leaving after all [WaPo]
It became necessary to destroy the sex workers in order to save them [Melissa Gira Grant/Reason]
Profile of lefter-than-thou NY attorney general Eric Schneiderman [NY Mag]
As rural pub tradition declines, Irish government rejects proposal to ease DUI laws [AP]

Filed under: attorneys general, Cato Institute, Ireland, New York, religious discrimination, sudden acceleration, Toyota

Banking and finance roundup

FATCA: “Another American Turns in Passport to Protest Idiotic New Banking Regulations” [Matt Welch, earlier]
Cato president John Allison discusses his new book “The Financial Crisis and the Free-Market Cure” [video, earlier; John Tamny, Forbes]
“The Unintended Consequences of Cracking Down on Payday Lenders” [A. Barton Hinkle, earlier]
Trial lawyers’ uses for “say on pay” [Bainbridge] Suits after mergers [Kevin LaCroix on Boris Feldman article]
Massachusetts law restricting foreclosures is likely to backfire [Anthony Randazzo] “Foreclose on state AGs” [Michael Greve, Law and Liberty]
ACLU (ACLU?) sues Morgan Stanley over allegedly predatory loans [Althouse] Suing Wells Fargo twice is not very nice [Reynolds Holding, Reuters]
“More evidence that Dodd-Frank is hurting small banks” [Ammon Simon, earlier]

Filed under: ACLU, attorneys general, banks, FATCA, Massachusetts, mortgages, securities litigation

Schneiderman vs. market-clearing prices

Some politicians just want there to be random shortages [WSJ editorial]:

New York Attorney General Eric Schneiderman has subpoenaed the Craigslist website for the identities of people who advertised gas for sale at high prices. Mr. Schneiderman is doing this in the name of a New York law that forbids charging an “unconscionably excessive price” during an “abnormal disruption in the market.”

Filed under: attorneys general, Craigslist, Eric Schneiderman, New York

Politics roundup

Michigan Supreme Court race: three seats at stake, including Stephen Markman’s [Charles Crumm/Mt. Pleasant Morning Sun, Collin Levy, WSJ]
Notable state attorney general races include West Virginia, Missouri, Montana [Ballotpedia, Governing; Carrie Severino, NRO] Battle of the sleazy ads in Washington race [Seattle Times]
“Fixed-income retiree” in Kaine ad turns out to be well-connected Virginia trial lawyer [Paul Bedard, Washington Examiner ] “33% of settlements is a fixed income, in a way” [Chris DeRose]
Federal free-cellphone scheme enriches some political influentials [Washington Free Beacon]
History of judicial elections in the US: rethinking the received account [Stuart Banner, Jotwell, on Jed Shugerman]
After election, expect renewed push for limits on campaign spending [Ira Stoll]
John Roberts’ doing? “Supreme Court not top campaign issue,” didn’t come up at debates [USA Today] Do libertarians fare better with Republican presidents’ Supreme Court picks, or just libertarian lawprofs? [Bernstein, Radia, etc.]

Filed under: attorneys general, cellphones, John Roberts, judicial elections, Michigan, Virginia, Washington state

Torts roundup

Dixon v. Ford Motor Company: “The Best Causation Opinion of 2012” [David Oliver] “Any exposure” causation: “Pennsylvania Supreme Court delivers significant asbestos ruling” [Point of Law]
Maryland high court may consider pro-plaintiff shift from contributory negligence to comparative fault [Sean Wajert]
In last-minute ploy, Albany lawmakers extend time limits for suing local governments [Torch via PoL, Times-Union]
Mental diagnoses: what to do when courtroom experts armed with DSM-5 shoot from the hip [Jim Dedman, Abnormal Use]
California appeals court, legislature decline to go along with trial lawyers’ crusade against Concepcion and class arbitration waivers [WLF, CL&P]
Critics challenge legality of Louisiana AG’s use of contingency lawyers [Melissa Landry, Hayride]
To curb client solicitation, NJ mulls withholding crash reports from noninterested parties for 90 days [NJLRA]

Filed under: arbitration, asbestos, attorneys general, chasing clients, Louisiana, Maryland, New Jersey, New York, Pennsylvania, psychiatry

Mississippi AG transparency

Peeking under the Hood, cont’d: Mississippi has finally passed sunshine legislation exposing to public scrutiny dealings of its attorney general with outside law firms, which can make large sums in contingency arrangements representing the state [Maggie Haberman, Politico] Not exactly unrelatedly, a Mississippi court has ruled that a settlement of the state’s case against MCI can’t funnel $14 million separately to private lawyers representing Hood on the theory that it was just a side payment and never represented public funds [YallPolitics, earlier on now-disbarred lead private lawyer in case]

Filed under: attorneys general, attorneys' fees, Jim Hood, Mississippi