As seen from Rochester: “Unlike many other states, New York does not limit lawsuit awards against municipal governments. High awards deplete public coffers and ultimately hike taxes. And New York is the highest-taxed state.” (Jay Gallagher, “Liability claims pick taxpayer pockets”, Rochester Democrat & Chronicle, Jun. 22).
Archive for June, 2004
Outsourcing enforcement in Mass
Massachusetts consumer protection law includes “item pricing” regulations.” A shopper who picks up an item marked $3.19, but is charged $3.59 at the checkout, has been the victim of a violation of these rules. If a state wishes to address such incidents, a practical question arises: how to enforce legal rules when they involve such trifling amounts of money per incident? Enter class action lawyers, naturally. According to the Boston Globe, Massachusetts Attorney General Thomas Reilly has farmed out the enforcement of these rules to a group of private attorneys — who are doing quite well for themselves. Cases against Home Depot and Wal-Mart have been settled; a settlement with Walgreen is pending. If the Walgreen settlement is finalized, the outcome of all this acitivity will be the payment of $3.2 million to the private attorneys, $3.9 million to “an eclectic group of charitable, consumer, and nonprofit groups,” and $425,000 to the AG’s Office. The list of favored groups includes, among others, the Roscoe Pound Institute and Public Citizen. The Globe points out that “it would be impossible to identify consumers hurt by item-pricing failures”; one of the private attorneys claims in the story that the payments to the favored groups will benefit Massachusetts residents, with most being used to “spur greater awareness of consumer rights.” Cases against other retailers (in addition to Walgreen) are pending. (Bruce Mohl, “Reilly turns to private enforcement of item pricing,” Boston Globe, June 27)
An expert witness’s fibs
What does it take to convict an expert witness of perjury? I ask that question this morning in a posting over at PointOfLaw.com, proceeding from a Ninth Circuit case handed down last week which demonstrated that some doctors, at least, fare well in court these days.
Bay Area radio appearances
I’ll be a guest Monday morning at 8:30 a.m. PDT on Napa, Calif.’s KVON radio 1440 AM. And then on Tuesday morning at 8 a.m. PDT I’ll be joining host Lee Rodgers on his popular show on KSFO 560 AM. In both cases I’ll be discussing my book The Rule of Lawyers, which came out in paperback earlier this month (more). To book a broadcast interview on the book, email me directly or contact Jamie Stockton at the St. Martin’s/Griffin publicity department: 212-674-5151, ext. 502. (bumped 6/28)
That must have really hurt
…and it was the Massachusetts Lottery Commission’s fault, you have to understand. For our part, we intend in future to avoid drunken brawlers in Dedham, Mass. (Jonathan Saltzman, “Lottery sued after toes crushed”, Boston Globe, Jun. 26). On the dangers of tippable vending machines, see also Jul. 20-22, 2001.
NEA lawsuit left behind?
The AP reports that the National Education Association’s plans to launch a legal challenge the No Child Left Behind Act have, thus far, come to naught. No state government has signed on to the proposed suit, announced a year ago, and NEA is rethinking its strategy. The NEA website offers its views on the Act here; Education Secretary Paige’s response to the NEA’s threat of a lawsuit last summer is here.
Academic notes
U. of Wisconsin law professor (and blogger) Ann Althouse is not exactly impressed by Judge Guido Calabresi’s apology for his ACS remarks: “You’d think someone who makes principles of democracy central to his legal argument wouldn’t stop at saying his argument is complicated and academic.” Her earlier post on this subject is also worth reading, as is Point of Law’s treatment.
The July-August issue of Legal Affairs magazine includes a debate on the question of American courts’ use of foreign law, featuring Judge Richard Posner (advising against) and Georgetown law professor Vicki Jackson (making the case in favor).
Update: Forbes on Lodi mess
Champerty in the suites: “Lehman Brothers’ hopes of underwriting some juicy tort litigation crashed badly, leaving behind the toxic residue of avarice and gullibility.” Forbes examines one California town’s “man-made legal disaster”, a saga previously covered in our posts of Jan. 12, Jan. 17 and May 8 (Scott Woolley, “Municipal bombs”, Forbes, Jun. 21).
Update: Hotel settles “Murder by Mercedes” case
An attorney for the Hilton hotel in Clear Lake, Texas, in whose parking lot wronged wife Clara Harris ran down her cheating husband, confirms that the hotel has reached a settlement of the lawsuit filed on behalf of David Harris’s children for failing to prevent the 2002 incident. (see Feb. 24, 2003). The hotel’s management was “accused in the lawsuit of failing to provide effective security, notify police in time to prevent Harris’ death or train employees to deal with domestic disputes.” After a widely publicized trial, Clara Harris was sentenced to 20 years in prison. The Blue Moon detective agency, which had been engaged by Mrs. Harris to investigate her husband, has also settled a lawsuit in the case. (“Lawsuit by slain orthodontist’s children tentatively settled”, AP/KRTK Houston, Jun. 24).
“Diary of a Bashed Attorney”
“July 2 — Thank God I’m not a litigator. Jerry just got a 137 page motion to dismiss his 85 page complaint. By fax yet, right before a holiday weekend. Jerry says he’ll see the defendant’s motion and raise it a hundred. I think Jerry should consider therapy.” — humorist Madeleine Begun Kane, on her former career as a lawyer, first published Pacific Magazine & Funny Times, March 5, 1993.