Posts Tagged ‘Massachusetts’

Update: judge quashes Seidel subpoena

[Bumped on breaking news: A federal court in New Hampshire has quashed the subpoena and ordered attorney Clifford Shoemaker to show cause why he should not be subjected to sanctions. Also: Orac. Earlier Monday post follows:]

Autism blogger Kathleen Seidel reports that the online free speech project at Public Citizen has agreed to provide her with legal assistance in responding to vaccine lawyer Clifford Shoemaker’s subpoena (see earlier coverage here, here, and here). One way to read this is as a fairly devastating commentary on just how weak Shoemaker’s position is, since there is ordinarily no more potent public presence on behalf of the plaintiff’s side in pharmaceutical litigation than Public Citizen. Seidel also has discovered that as a Shoemaker target she is in distinguished company:

I learned that on March 26, 2008 — the same afternoon that I was greeted at my doorstep with a demand for access to virtually the entire documentary record of my intellectual and financial life over the past four years — Dr. Marie McCormick, Sumner and Esther Feldberg Professor of Maternal and Child Health at the Harvard School of Public Health, and Professor of Pediatrics at Harvard Medical School, was subjected to a similar experience at her Massachusetts home.

From 2001 to 2004, Dr. McCormick chaired the Immunization Safety Review Committee of the Institute of Medicine (IOM), charged with analyzing and reporting on data regarding the safety of vaccination practices. …As a result of her voluntary work on the committee, Dr. McCormick has found herself a frequent target of suspicion by plaintiffs, their attorneys and advocates, and opponents of vaccines, who disagree with its conclusions, and whose legal and political positions are not supported by its reports.

McCormick’s lawyers are likewise seeking to quash the subpoena. Much more here (& Beck & Herrmann, Orac, Pharmalot).

“Judge Fines Medtronic $10 Million Over Trial Tactics”

Another strong reaction from the bench to scorched-earth practices in litigation:

A Massachusetts U.S. District Court judge fined Medtronic Sofamor Danek Inc. and related companies $10 million for the behavior of its trial lawyers at Dewey & LeBoeuf while fighting a patent case brought by DePuy Spine Inc.

Senior District Judge Edward F. Harrington also ordered Medtronic Sofamor, which makes spinal implant devices, to pay some of the plaintiffs’ attorney fees. …

“The defendants prolonged the proceedings unnecessarily (thus unduly imposing upon the jury’s time), they sought to mislead both the jury and the Court, and they flouted the governing claim construction as set forth by the Federal Circuit,” Harrington wrote.

(Sheri Qualters, National Law Journal, Feb. 28).

Update: Panel recommends penalty for Boston judge over settlement demands

“The Massachusetts Commission on Judicial Conduct recommended a $25,000 fine, a 30-day suspension without pay and a public censure for state court Judge Ernest B. Murphy for sending improper letters to Boston Herald publisher Patrick J. Purcell that demanded settlement of Murphy’s libel lawsuit against the newspaper.” (Sheri Qualters, “Suspension, Fine Recommended for Boston Judge Who Sent Improper Letters to Newspaper”, National Law Journal, Apr. 2). For more on Judge Murphy’s “fascinatingly repellent” letters and their “‘Surrender, Dorothy’ flavor”, see Dec. 23 and Dec. 8, 2005.

“They need to have equal rights”

A snapshot from Massachusetts of the campaign (national in scope) to create rights to sue for intangible damages against veterinarians, motorists, and others judged to have negligently killed a pet. Debra Campanile of Haverhill is on a mission to enact such a law, which, along with provisions for unbounded emotional distress damages, would require punitive damages to be awarded in a sum of at least $2,500. The story does not specify whether the $2,500 would be payable per incident or per actual creature whose life was ended, which could make quite a difference in the case of negligently knocking over Billy’s ant farm. (Laurel J. Sweet, “Push for liability in animal deaths would put….”, Boston Herald, Mar. 10).

Privacy law and criminal investigations, cont’d

Following up on our discussion of HIPAA and the New York therapist murder, police have reported a break in the case, arresting a mentally disturbed man who has told investigators of having been committed to a mental institution 17 years ago by Dr. Kent Shimbach, the doctor who was injured in the rampage (and who shared offices with the therapist who was killed, Kathryn Faughey). Dr. Shinbach apparently has told investigators that he did not recognize the assailant and has no memory of any contact with him in the past.

Helen Smith (“Dr. Helen”) at Pajamas Media recalls the case of Vallejo, California psychologist Ira Polonsky, Ph.D., “who was shot and killed by what family members believe was a former patient. Unfortunately his death is still a mystery. Why? Blame the confidentiality laws in California:”

…police have been stymied in pursuing that line of investigation because of confidentiality laws protecting Polonsky’s patient records and appointment books.

Vallejo police detectives are in touch with a court-appointed attorney – a “special master” – who is working with the county court to see if there can be at least a limited review of protected records, but neither police nor court officials will comment on progress in that area.

And Hans Bader takes note of a recent Volokh thread discussing cases in which it seems Massachusetts privacy law was construed to prohibit the taping of ransom discussions with kidnappers (Commonwealth v. Jackson, 1976, mentioned in passing here) and a Florida court considered (but rejected!) the argument that a murderer’s privacy was infringed by his victim’s having tape recorded the murder.

February 14 roundup

  • Examiner newspaper begins series on how Milberg Weiss used nonprofit foundation to project its clout among judges, academics, influentials [Institute for Law & Economic Policy, three-parter]
  • Judge Canute, or just reporter’s awkward wording? Australian jurist with great eyeglasses bans screening of TV drama in state of Victoria; “Under the order, all internet material relating to the series is also banned.” [Herald Sun] (More explanation on the court order: The Australian).
  • Times Square’s Naked Cowboy sues over M & M candy ad playing off his image [NY Post]
  • Bite mark testimony makes another chapter in catalogue of dubious prosecutorial forensics [Folo’s NMC on two Mississippi Innocence Project cases]
  • Update: Pennsylvania court upholds disputed fees in Kia-brake class action [Legal Intelligencer; earlier]
  • Best not take McCain too literally when he says he’d demand that judicial nominees have a proven record on Constitutional interpretation [Beldar]
  • Expert witness coaching …. by the Royal Society for the Prevention of Cruelty to Animals? [Nordberg; earlier]
  • For some reason many Boston residents feel menaced by city’s plan for police to go door to door asking “voluntary,” “friendly” permission to search premises for guns [Globe]
  • Lots and lots of publications print Mohammed cartoon in solidarity with mohammed_cartoon_bomb.jpg Danish cartoonist and assassination-plot target Kurt Westergaard [CNN; Malkin]
  • Calgary Muslim leader withdraws official complaint against Ezra Levant over his publication of Mohammed cartoons [National Post; earlier]
  • Steyn, relatedly: critics dragging my book before Canadian tribunals wish not to “start a debate”, but to cut one off [National Post]

February 1 roundup

  • Following public outrage, Spanish businessman drops plans to sue parents of boy he killed in road crash [UK Independent; earlier]
  • Scruggs to take Fifth in State Farm case against Hood [Clarion-Ledger] And how much “home cooking” was the Mississippi titan dished out in the Medicaid-tobacco case that made his fortune? [Folo]
  • More critics assail ABC “Eli Stone” vaccine-autism fiction, with American Academy of Pediatrics calling for episode’s cancellation [AAP press release; Stier, NY Post; earlier]
  • Special ethics counsel recommends disbarment of Edward Fagan, lawyer of Swiss-bank-suit fame whose ethical missteps have been chronicled on this site over the years [Star-Ledger]. As recently as fourteen months ago the L.A. Times was still according Fagan good publicity;
  • In past bail-bond scandals, private bond agencies have been caught colluding “with lawyers, the police, jail officials and even judges to make sure that bail is high and that attractive clients are funneled to them.” [Liptak, NYT]
  • Archbishop of Canterbury calls for new laws to punish “thoughtless or cruel” comments on religion [Times Online, Volokh]
  • Another disturbing case from Massachusetts of a citizen getting charged with privacy violation for recording police activity [also Volokh]
  • Abuse of open-records law? Convicted arsonist files numerous requests for pictures and personal information of public employees who sent him to prison; they charge intimidation [AP/Seattle Post-Intelligencer]
  • It resembles a news program on Connecticut public-access cable, but look more closely: it’s law firm marketing [Ambrogi]
  • Judge says Alfred Rava’s suit can proceed charging sex bias over Oakland A’s stadium distribution of Mother’s Day hats [Metropolitan News-Enterprise; earlier on Angels in Anaheim]
  • Crack down on docs with multiple med-mal payouts? Well, there go lots of your neurosurgeons [three years ago on Overlawyered]

January 15 roundup

  • Client’s suit against Houston tort lawyer George Fleming alleges that cost of echocardiograms done on other prospective clients was deducted as expenses from her fen-phen settlement [Texas Lawyer]
  • Preparing to administer bar exam, New York Board of Law Examiners isn’t taking any chances, will require hopefuls to sign liability waivers [ABA Journal]
  • Thanks to Steven Erickson for guestblogging last week, check out his blogging elsewhere [Crime & Consequences, e.g.]
  • “Freedom of speech” regarded as Yankee concept at Canadian tribunal? [Steyn @ NRO Corner; reactions]
  • Court rules Dan Rather suit against CBS can go to discovery [NYMag; earlier here, here]
  • Served seventeen years in prison on conviction for murdering his parents, till doubts on his guilt grew too loud to ignore [Martin Tankleff case]
  • Orin Kerr and commenters discuss Gomez v. Pueblo County, the recent case where inmate sued jail for (among other things) making it too easy for him to escape [Volokh]
  • New at Point of Law: Cleveland’s suit against subprime lending is even worse than Baltimore’s; Massachusetts takes our advice and adopts payee notification; law firm websites often promote medical misinformation; lawyer for skier suing 8-year-old boy wants court to stop family from talking to the press; Ted rounds up developments in Vioxx litigation once and then again; guess where you’ll find a handsome statue of Adam Smith; and much more;
  • Good news for “resourceful cuckolds” as courts let stand $750,000 alienation of affection award to wronged Mississippi husband [The Line Is Here; ABCNews.com]
  • Kimball County, Nebraska cops don’t know whether that $69,040 in cash they seized from a car is going to be traceable to drug traffickers, but plan to keep it in any case [Omaha World-Herald via The Line Is Here]
  • Hunter falls out of tree, and Geoffrey Fieger finds someone for him to sue [seven years ago on Overlawyered]