“Texas has a unique solution to the problem of coupon settlements: if the lawyers settle for coupons or non-cash relief, they have to be paid in coupons or non-cash relief.” Some scoffed at this as a gimmick, but it seems to have had an effect for the better, most notably in a recent case where the court “prohibited a $1.1 million fee in a $0 settlement over immaterial merger disclosures.” [Ted Frank, Point of Law]
Posts Tagged ‘Texas’
Medical roundup
- Submit to individual mandate, or pay a tax to get out: hey, there’s a precedent for that [Akhil Amar via Magliocca]
- Stare decisis be damned? Missouri high court overturns own precedent to strike down damage caps [Post-Dispatch, PoL, MissouriNet, American Medical News (AMA)]
- Authorities say Florida hospital employee may have wrongfully accessed more than 700,000 patient records; crash victims got lawyer-chiropractor solicitations from someone familiar with nonpublic details of their cases [Jeff Weiner, Orlando Sentinel]
- Time to rethink Certificate of Need supply restrictions [Barton Hinkle, Richmond Times-Dispatch]
- By its legislative author: “What New Hampshire’s ‘early offer’ law really does” [J. Brandon Giuda, Union Leader, earlier]
- Dueling studies on impact of Texas medical liability reform [David Hyman, Charles Silver et al, “Does Tort Reform Affect Physician Supply?“, Stephen Magee, “Contrary Evidence” (PDF) and “Rapid Physician Supply Response“; ACEP; Austin American-Statesman on Hyman/Silver, D Magazine and Longview News-Journal on Magee, Gov. Rick Perry] “Liability insurers are noticing an uptick in large verdicts” [Alicia Gallegos, American Medical News (AMA)]
- “Medicare Costs Too Much, So Let’s Make Private Payers Make Up the Difference” [Peter Suderman, Reason; John Walters, Maryland Public Policy Institute]
Accuser recants in case that sent four women to prison
Four Texas women have been serving long prison terms since a 7-year-old and 9-year-old girl, nieces of one of them, accused them in a lurid tale of assault. Now, the younger accuser has grown up and recanted [Michelle Mondo, My San Antonio]:
“I want my aunt and her friends out of prison,” Stephanie, 25, said by phone last week. “Whatever it takes to get them out I’m going to do. I can’t live my life knowing that four women are sleeping in a cage because of me.”…
On and off the witness stand, the sisters changed their accounts of the timing, the use of weapons, the perpetrators and other basic details of the assault every time they told it to authorities, records show.
P.S. And another Texas recantation, of charges lodged during a bitter custody fight, the defendant has served more than 12 years of a 20-year sentence.
Long-necked beer bottle maker not liable for barroom assault
A Texas appeals court has affirmed the dismissal of a lawsuit seeking to hold Anheuser-Busch liable for an assault suffered by a bar patron. The suit alleged that the long-neck design of the bottle made it too attractive for assailants seeking a weapon; the court agreed with the brewer that the plaintiff had failed to make out a sufficient case to avoid summary judgment. [Wajert, Mass Tort Defense]
Environmental roundup
- Texas whups Administration in court on cross-state air pollution rule and coal-fired power: “It is unfortunate that EPA continues to misuse the Clean Air Act.” [TCEQ press release, WSJ editorial]
- As upstate New York hopes for Greek-yogurt boom, enviros defend extra-strict factory-farm (“CAFO”) regs [Abby Wisse Schachter, NY Post]
- Land-use control and economic inequality in America [Virginia Postrel, Bloomberg; Randal O’Toole, Cato]
- House Oversight report confirms EPA lead-paint renovation rule continues to frustrate Main Street [Angela Logomasini; earlier here, etc.]
- Illegal in some Western states to collect rainwater for one’s own use [Fox, Oregon; N.Y. Times, 2009]
- GAO releases report on attorney fee awards for environmental citizen suits [Michael Tremoglie, LNL] “Mandate Madness: When Sue and Settle Just Isn’t Enough” [House Oversight hearing]
- “EPA exonerates fracking in Pennsylvania” [Ken Green, AEIdeas; Dimock, Pa., of “Gasland” fame]
August 15 roundup
- Tenaha, Texas traffic-stop forfeiture scandal: town settles with ACLU [Thampy/Agitator; related, Steven Greenhut]
- A complaint about Progressive Insurance’s posture in an uninsured motorist claim goes viral on the Internet, and Ted Frank supplies a contrarian view [Point of Law and commenters, Consumerist]
- ABA again solicits nominations for its annual collection of top 100 law blogs;
- “Psychiatric staff ‘should have’ prevented the Aurora shootings. Thus Southern Poverty Law Center ‘should have’ prevented Oak Creek. Right?” [George Wallace]
- In Google-Oracle case, judge orders that the litigants disclose which private commentators they have financially backed [Paul Alan Levy and Scott Michelman, CLP; Timothy Lee, Ars Technica; Chris O’Brien, Mercury News]
- Suit based on cop allegations says town of Riverdale Park, Md. issued unlawful camera tickets [The Newspaper, Washington Post]
- Priceless: “Some Problems Inherent In Trying to Sell a Counterfeiting Machine” [Lowering the Bar]
- Maybe drive ’em to polls too? Massachusetts agrees in lawsuit settlement to send dole recipients vote packs [Michael Graham, Boston Herald; Christian Science Monitor]
Loser-pays law, in Texas and elsewhere
Now posted: a recent Federalist Society podcast of a discussion that includes me, Texas attorney E. Lee Parsley, Texas lawprof Ronen Avraham, Judge Dennis Jacobs as moderator and Dean Reuter of the Federalist Society introducing. Running time is an hour and you can listen directly here. More from me on the new Texas law here.
Don’t
The Texas Supreme Court has sent back for further adjudication a controversy in which two newspapers had failed to win a summary judgment motion in a libel case filed against them. It took judicial notice that the trial judge in the case had taken a plea bargain on racketeering charges that included having accepted a $8,000 bribe to rule against the newspapers on the motion [ABA Journal]
Memo to: Liberty County, Texas police
When a psychic calls in to inform you of an extremely sensational crime story undetected up to now, think carefully before you act [Scott Greenfield]
June 11 roundup
- Nortel portfolio now used for offense: “How Apple and Microsoft Armed 4,000 Patent Warheads” [Wired]
- Via Bill Childs: “This shows up in Google News despite fact that it’s lawyer advertising.” [TheDenverChannel.com] At “public interest watchdog” FairWarning.org, who contributed this article about Canadian asbestos controversies? Byline credits a law firm;
- Another Bloomberg crackdown in NYC: gender-differential pricing in haircuts and other services [Mark Perry]
- A “Pro-Business Regulation Push” from Obama White House? Oh, Bloomberg Business Week, sometimes you can be so droll [Future of Capitalism]
- “Trial Lawyers’ Support of Republican Candidates Yields Less Than Stellar Results” [Morgan Smith, NY Times; Examiner editorial; more from TLRPac on Texas election results]
- “Community banks to Congress: you’re crushing us” [Kevin Funnell]
- If an emergency injunction could stop one reality-TV show, why couldn’t it stop them all? [Hollywood Reporter]