- “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]
Archive for July, 2010
Welcome KPNW listeners
I was a guest this morning on Wake-Up Call with Holloway and Lundun, from Eugene/Springfield in western Oregon, to discuss JournoList and other media follies.
“New Financial Regulations Will Make Whistleblowing Lucrative”
I’m quoted in this report by Dunstan Prial of FoxBusiness.com and in this report by David Savage of the Los Angeles Times on the large-scale bounty incentives in the Dodd-Frank financial regulation bill, which bring us closer to an “informer model of law enforcement” that “encourages people to be disloyal to their friends and co-workers.” Earlier here and here. Other coverage of the whistleblowing provisions: Coyle/NLJ, Koehler/FCPA Professor, Baer/Prawfsblawg.
“Worst state attorneys general”, cont’d
Hans Bader of the Competitive Enterprise Institute informs me that Connecticut’s Richard Blumenthal has in a sense won his recount after all: a recalculation taking into account a bit of overlooked data has now moved him up from #3 to #2 on this year’s list, though he’s still essentially tied with Oklahoma’s Drew Edmondson. In first place: California’s Jerry Brown, while perennial favorites Patrick Lynch of Rhode Island and Darrell McGraw of West Virginia fill the #4 and #5 places, and a newcomer, William Sorrell of Vermont, makes an appearance at #6.
More: Bader in the Examiner on the selection process.
Court: competitive cheerleading not varsity sport
Thus achieving two of feminist litigators’ goals at once: 1) sending a message that cheerleading is not a government-approved aspiration for young women; 2) further humbling men’s college sports, since quota incentives are now likely to bring renewed pressure for budget and roster cuts at universities like Quinnipiac. Congratulations! [Inside Higher Ed, earlier here and here] More: Neal McCluskey, Cato at Liberty; Atlantic Wire.
Related: Fascinating USA Today coverage of multiple lawsuits arising from the tense relationship between men’s and women’s athletics at Lock Haven University in Pennsylvania (h/t Jim Copland).
July 22 roundup
- Update from Germany: “Teacher Loses ‘Rabbit-Phobia’ Trial” [Spiegel, earlier]
- Farther shores of for-your-own-goodery: “Should Obese Kids Be Placed In Foster Care?” [Katz, CBS News]
- Just one problem with that $725 million AIG securities suit settlement [D&O Diary]
- After Texas passed bill requiring evidence of impairment, more than 99% of silicosis claimants dropped out [LNL, PoL]
- Lindsay Lohan disserved by lawyer who can’t keep a confidence [Turkewitz]
- Pearlstein’s the Washington Post’s anti-business business columnist [McArdle, Wood/ShopFloor]
- Lawyer shenanigans in Fosamax trial in New York [Walk, Drug & Device Law]
- Unwelcome surprise: health care bill turns out to tax many house sales [David Boaz, Cato at Liberty]
$13 million settlement for USDA-er Shirley Sherrod’s group
The immediate controversy over Agriculture Secretary Tom Vilsack’s removal of Sherrod from her post is interesting enough — both the NAACP and many conservatives withdrew their initial support for Sherrod’s firing and began defending her as more context emerged — but perhaps the more durable story worth public attention is the background, which includes a $1 billion lawsuit discrimination settlement of which $13 million went to Sherrod’s advocacy group [Rural Development Leadership Network via Tom Blumer, Examiner, h/t reader Aaron W.; ten years ago] More: FoxNews.com.
BP spill cleanup workers’ suit
There’s already a class action demanding medical monitoring. [Dionne Searcey, WSJ Law Blog]
“Rape by deception” in Israel
“A Palestinian man has been convicted of rape after having consensual sex with a woman who had believed him to be a fellow Jew.” [Guardian] Rape by deception is a crime in many although not all jurisdictions, with impersonation of a woman’s husband or lover being one classic fact pattern giving rise to charges; two years ago, in a debate over such a law in Massachusetts, critics expressed unease about which other sorts of misrepresentations might be reached as well [CBS News]
As for the civil-law side, a few years back (to quote from the manuscript of my forthcoming book Schools for Misrule):
a Northwestern law professor, building on the undeniable fact that many persons behave badly on the dating market, proposed as a remedy the development of a new tort of “sexual fraud,” which would allow lawsuits for cash damages against persons who use lies or insincerity to get others to sleep with them (“Of course I’m not married.”) It was one of the year’s most widely hailed and talked-about articles.
More: Max Fisher, Atlantic Wire (rounding up reactions); Eugene Volokh (including link to discussion of Massachusetts bill). And: comments from Andrew Sullivan’s readers.
“Crazy claims no reason to reject class action, lawyer says”
“Ludicrous claims shouldn’t have caused U.S. District Joseph Goodwin to reject a class action over economic damages from heart medicine Digitek, according to Fred Thompson of Motley Rice.” [Chamber-backed WV Record] The background of the court action is interesting too:
Litigation began in 2008, after Actavis Totowa discovered 20 pills of double thickness in a batch at its plant in Little Falls, New Jersey.
Actavis Totowa recalled the batch, and no plaintiff has produced a double thick pill.
Some plaintiffs nevertheless claimed personal injuries and wrongful death. Others claimed only economic damages.
Thompson sought certification of a national economic damages class or single state classes in West Virginia, New Jersey, Kansas and Kentucky.
Judge Goodwin found that the claimants were too disparate in their posture to be joined appropriately as members of a single class; some had put in for the cost of such things as eyeglasses and enemas.