February 22 roundup

  • Florida courts allow probe of finances of MDs who treat many injury plaintiffs [Dolman Law Group; Crable v. State Farm]
  • Booster clubs: “Does Title IX Reach Voluntary Donations?” [Joshua Thompson, PLF, earlier here, here]
  • Freedom to Discriminate in Choice of Roommates: 9th Circuit case of Fair Housing Council v. Roommate.com [Eugene Volokh; related from David Bernstein h/t commenter wfjag]
  • PI firm employee “disliked sending clients to [chiropractors] because insurers were more reluctant to settle those claims” [ABA Journal]
  • “Bill introduced to de-criminalize the Lacey Act” [Paul Enzinna, PoL; earlier on Gibson Guitar and wood imports here, here] More: Reason.tv on the raids [Balko]
  • “Australia: A Cautionary Tale of Litigation Financing?” [WSJ Law Blog]
  • Constitutional law book review: Jay Wexler, “The Odd Clauses” [Greenfield, Lowering the Bar]


  • Katzman and Crable are very important to insurance defense practitioners in Florida. It has long been suspected that certain personal injury firms send their clients to certain doctors to perform arguably unnecessary surgery, for which they submit an extraordinarily high bill. Prior to these two decisions, defense discovery had been fairly limited and it was virtually impossible to establish that the relationship between the doctors and the law firms was a little too cozy and that the treatments were intended to pad the bill rather than treat the patient.

  • If you are interested in Prof. Volokh’s Feb 3d comment “Freedom to Discriminate in Choice of Roommates”, you likely will also be interested in the HUD regulation blogged about by Prof. Bernstein on Feb. 21, HUD on Fair Housing and Discriminatory Roommate Advertising, http://volokh.com/2012/02/21/hud-on-fair-housing-and-discriminatory-roommate-advertising/#comments .