- Dodd-Frank major oops: Faced with new liabilities, agencies refuse to let their ratings be used in bond issuance [WaPo, Salmon] SEC scurries to suspend requirement for six months while it figures out what to do [Salmon]
- Left-leaning law lectern: study of newly hired lawprofs identifies 52 liberals, 8 conservatives [Caron, ABA Journal, Lindgren/Volokh]
- “Progress in protecting gripe site owners against silly trademark claims” [Levy, CL&P]
- “Congress Investigates Beck, Ingraham Advertisers” [Stoll]
- “Uncle Sam Kicks Out Legal Immigrants for Down Profits in Recession” [Shapiro, Cato]
- Judge punishes Goodyear for discovery heel-dragging by denying it chance to disprove liability in $32M case [Las Vegas Sun]
- “$2.3M verdict against Dole thrown out on fraud grounds” [PoL, background]
- Paul Campos vs. Elena Kagan: this time it’s personal [Lawyers Guns & Money]
Posts Tagged ‘discovery’
July 23 roundup
- “What Really Happened To Phoebe Prince?” [Emily Bazelon, Slate, related series on “cyber-bullying”; ABA Journal]
- Obama backs so-called Paycheck Fairness Act; why business should resist [USA Today, Hyman, ShopFloor, Furchtgott-Roth] Another slant on “paycheck fairness” [AP on Bell, Calif., sequel]
- Unlinked back in February: “Doctors cut back hours when risk of malpractice suit rises, study shows” [Eric Helland and Mark Showalter, JLE, Brigham Young release via Bob Dorigo Jones]
- Also unlinked from back when: thanks for kind mention to Mark Herrmann in “Memoirs of a Blogger,” PDF [Litigation mag courtesy WSJ Law Blog, Drug and Device Law]
- Ditto: Nora Freeman Engstrom on accident-law settlement mills, “Run-of-the-Mill Justice” [Georgetown Journal of Legal Ethics, SSRN, via LEF, Ronald Miller]
- Australia: “Welfare cheat wins right to IVF on jail time” [Melbourne Age]
- “The Nightmare of Legal Discovery” [Lammi, WLF Legal Pulse, related from WLF]
- Tribunal: “Mosquito” teenager-repellent device violates European Convention on Human Rights [Ku, Opinio Juris]
June 18 roundup
- “When the country went cold turkey”: Tyler Cowen reviews Last Call, Daniel Okrent’s history of Prohibition [Business Week]
- Phrases never to put in email, e.g., “We Probably Shouldn’t Put This in Email” [Balasubramani, SpamNotes]
- “My biggest wish was that I would get a cease and desist from the company that publishes Marmaduke” [Walker, Reason “Hit and Run”]
- California proposal to jail parents for kids’ truancy [Valerie Strauss/WaPo via Alkon] Parents arrested on charges of forging doctor sick note to excuse third grader [Glenn Reynolds, Dan Riehl]
- UK judge: NHS need not fund transsexual’s breast enlargement [Mail]
- “Charitable Foundation Leader Alarmed by Government Intrusions into Philanthropy” [WLF Legal Pulse]
- Missed earlier: “Stalking Victims’ Duty to Warn Employees, Lovers, Visitors, and Others?” [Volokh]
- “Overturning Iqbal and Twombly Would Encourage Frivolous Litigation” [Darpana Sheth, Insider Online]
That smouldering pile of rubble over there?
Must be the remains of two lawyers who crossed a Mississippi judge. Background: a casino owner’s resistance to discovery in a bus-crash suit [Freeland, court order]
“South Carolina Supreme Court Brings Down the Hammer on Discovery Abuse”
Trial courts should do more to police “oppressive” discovery requests, according to one state’s high court. [Abnormal Use]
Jerman v. Carlisle
Reader John B. alerts us: “If you haven’t already seen it, there’s excellent Overlawyered-type rhetoric from Justice Kennedy in Monday’s Supreme Court opinion on debt collectors’ liability under federal statutory law. Unfortunately it’s in the dissent (PDF).”
Wrote Kennedy:
[The Court’s decision today] aligns the judicial system with those who would use litigation to enrich themselves at the expense of attorneys who strictly follow and adhere to professional and ethical standards.
When the law is used to punish good-faith mistakes; when adopting reasonable safeguards is not enough to avoid liability; when the costs of discovery and litigation are used to force settlement even absent fault or injury; when class-action suits transform technical legal violations into windfalls for plaintiffs or their attorneys, the Court, by failing to adopt a reasonable interpretation to counter these excesses, risks compromising its own institutional responsibility to ensure a workable and just litigation system.
AP on Toyota legal “stonewalling”
Is the Japanese company super-extra-resistant to discovery demands, or is it just behaving the way other automakers would, backed up by a Japanese legal environment that is less oriented than ours toward compulsory disclosure-on-demand managed by hostile lawyers? Michael Fumento: “it’s clear from the article that the ‘experts’ upon whom the journalists relied aren’t just lawyers, aren’t just trial lawyers, but are trial lawyers suing Toyota.”
“Client Had ‘Disposable Income and a Zealous Interest in Litigating'”
And a train wreck results, after a Massachusetts lawyer “allowed the client to dictate a misguided strategy involving excessive and improper discovery requests that did not materially advance the client’s cases but did generate large hourly-based fees for the respondent.” [Legal Profession Blog]
January 18 roundup
- Already-infamous Coakley-for-Senate rape-ad mailer: did they really line up all those photo permissions? [Lopez, NRO] Earlier on photo-permissions legal exposures here, here, here, here, here, here, here, etc.
- “Maricopa County Attorney Andrew Peyton Thomas: Blame the Libertarians!” [Balko, earlier]
- Georgetown lawprof Robin West takes such a rude tone with homeschoolers, it’s enough to make you wonder who brought her up [Common Room, Izzy Lyman/Big Journalism, “The Harms of Homeschooling” (PDF)] Parents charged with child endangerment for homeschooling their kids without submitting lesson plans [Albany Times-Union]
- Videogames and the ADA: “Sony Launches Defense to Gamer’s Equal Access Suit” [OnPoint News, earlier]
- Regulations may spell end for independent New England fishermen [AP/MSNBC, earlier]
- Veteran California pol Willie Brown criticizes civil service entrenchment [Kaus] Government employment has its privileges [Stuart Greenhut, Reason]
- New Jersey appeals court reverses $260K award over student’s fatal window fall at Fairleigh Dickinson U. [Star-Ledger]
- Georgia federal judge orders plaintiff to pay $268K costs of discovery for stretching patent claims [Fulton County Daily Report]
“Deposition videos you have to see to believe”
You may have seen some of them before, but probably not all six unless you hang out on YouTube a lot. [Erin Geiger Smith and William Wei, Business Insider]