- Wal-Mart spending millions to fight $7,000 OSHA fine? Not so paradoxical when you think about it [Coyote]
- Proliferation of product recalls, as with warnings, can result in consumer fatigue and inattention [WaPo via PoL]
- Settlement said to be near between casino and gambler who lost $127 million [WSJ, UPI, earlier]
- “Think Globally, Sue Locally: Out-of-Court Tactics Employed by Plaintiffs, Their Lawyers, and Their Advocates in Transnational Tort Cases” [study, PDF and press release; Jonathan Drimmer for US Chamber, related WSJ]
- “End of an Era? Another Crunch Berries Case Dismissed” [Lowering the Bar, California Civil Justice, earlier on “froot” cases here, here, etc.]
- New Jersey: “School legal costs are a killer” [Rayner, Daily Record]
- ABA Journal profiles Ted Frank;
- We’re the ones who write the laws around here, not you legislators: Washington Supreme Court strikes down med-mal notice law [SeattlePI.com]
Posts Tagged ‘Ted Frank’
June 30 roundup
- Real-life Lysistrata: “Kenyan man sues over sex boycott ‘stress'” [Telegraph]
- Kagan record not reassuring on campaign-speech issues [Allison Hayward, CCP, Daniel Shuchman/Reason] A “fair-weather originalist”? [Ilya Shapiro, Cato]
- Eugene Volokh thinks the Court made the right call in the student-group-recognition Christian Legal Society case, while Richard Epstein thinks it didn’t;
- Coverage of Ted Frank’s objection in A.G. Edwards settlement [Daniel Fisher, Forbes; Bill McClellan, St. Louis Post-Dispatch]
- West Virginia: “Was DuPont railroaded in Harrison County?” [Don Surber]
- “Predicate” approach hasn’t always worked well as way to curb government privacy incursions [Stewart Baker]
- “Florida Court Tosses Out $522 Million Verdict Against Accounting Firm” [Daily Business Review]
- Justice Department dereliction? “Inside the Black Panther case” [J. Christian Adams, Washington Times]
June 14 roundup
- Study: Lawyers overestimate their chance of prevailing in litigation [Post, Volokh]
- Novell court victory might spell end to SCO Linux-infringement claims [GrokLaw, earlier]
- “Law firms violating copyrights?” [Mister Thorne]
- Lawyers say New Jersey money-laundering statute “uniquely criminalizes the mere possession of U.S. currency” [NJLJ]
- Ted Frank vs. critic on $28 million Sacramento nursing home award [PoL]
- Advocates push “right to development” for developing countries [Kelly, Global Governance Watch]
- For once Connecticut AG Blumenthal wants a damage award reduced [Hartford Courant, earlier at PoL]
- “Did You Know That the Real World Has an STD Waiver?” [Mystal, AtL]
May 10 roundup
- Failure to warn? “Non-Child Sues For Slide-Related Injury” [Lowering the Bar]
- “AG Cuomo Sues Lawyer for Fraud, Says He Sold His Name to Debt Collector for $141K” [ABA Journal]
- Ted Frank on his move to the Manhattan Institute and Point of Law [CCAF]
- “Viacom is becoming a lawsuit company instead of a TV company” [Doctorow, BoingBoing]
- UK: “NHS pays £10,000 to family of psychiatric patient who committed suicide” [Times Online]
- American Cancer Society: federal advisory panel’s chemicals-cause-cancer alarms are overblown [NYTimes] More: Taranto, WSJ.
- “Who Knew Bankruptcy Paid So Well?” [NYTimes]
- Famed sleuth Bloomberg Holmes on the case: was the Pathfinder headed for a vile sodium den? [IowaHawk]
Speaking in Chicago Monday, April 12
Chicago-area readers may be interested in attending a 12:15 pm lunchtime debate sponsored by the University of Chicago Law School Federalist Society between me and Tom Geoghegan about tort reform and the role (or non-role) of Republican deregulation in the litigation explosion—a debate I’ve previously engaged in in print.
Speaking at Duke Law on Monday
I’ll be speaking at Duke Law Monday about the Grand Theft Auto and other class action settlements. Come say hi.
1995 Washington Square sudden acceleration revisited
In 1992, Diana Maychick drove her mother’s Oldsmobile back to Washington Place in Greenwich Village, and got out. Her mother, the 74-year-old Stella Maychick, slid over from the passenger seat to the driver’s seat, readying herself to return to Yonkers. Maycheck, a shorter-than-average woman, suddenly took off in the car, which sped up, ran two stop signs, and tore through Washington Square Park, killing five and maiming several others.
Diana Maychick is now Diana Foote, a restaurant reviewer for a Palm Beach newspaper, and recently recounted the accident, claiming the recent Toyota troubles exonerated her mother.
Which I found fascinating, because I worked on that litigation—and the evidence that Maychick hit the gas instead of the brake was so strong that the plaintiffs’ lawyers abandoned the standard specious “mysterious gremlins caused the car to accelerate” theory and replaced it with a “General Motors knew that drivers were hitting the wrong pedal but didn’t do enough to warn them” theory. I took issue with Foote’s column in a letter to the newspaper.
As for the lawsuit itself, the judge excused everyone in the voir dire who expressed the remotest skepticism about plaintiffs’ theory, and GM settled shortly after the start of trial. One certainly marvels at the chutzpah of the theory of the case, given trial lawyers’ role in trying to persuade the public that driver error couldn’t possibly be to blame.
On 770 KTTH-Seattle at 4:10 PM Pacific today, talking Toyota
My Toyota op-ed is going viral, with dozens of retweets, and listings on the front pages of Hot Air and reddit—not to mention an Instalink. And Alex Tabarrok tests my numbers at Marginal Revolution.
Update: Don’t miss Megan McArdle’s comprehensive take.
“I am not afraid of my Toyota Prius”
I expand on my earlier post in today’s Washington Examiner, including my skepticism of the conventional reporting on the James Sikes incident.
Michael Fumento is also on the case on his blog and in the LA Times; see also Richard Schmidt in the New York Times on the last generation of sudden acceleration.
Update: Fumento goes farther on the James Sikes story than I did. I also found the idea that Sikes reached for the accelerator while driving implausible after trying to repeat the experiment in a (parked!) Prius.
CCAF on KOGO (San Diego) this evening
I’ll be on KOGO-600 AM’s Top Story with Chris Reed tonight at 6:35 pm Pacific discussing recent CCAF cases and the problem of bad class action settlement cases generally.