Search Results for ‘"scaffold law"’

Liability roundup

Liability roundup

  • A win for class action objector Ted Frank as Seventh Circuit allows him to challenge what he described as “objector blackmail” payments to other intervenors [Amanda Bronstad, National Law Journal, Pearson v. NBTY]
  • City of Seattle pays $13 million to settle suit alleging negligent probation supervision of drunk driver [Jessica Lee, Seattle Times, Brian Flores, KCPQ, my 2005 take on Washington’s unique rules on sovereign immunity and more]
  • “Family sues Dum Dum lollipop maker over son’s alleged choking incident” [Alexandria Hein, Fox News]
  • Thanks to New York’s Scaffold Law, co-op and condo boards “can be held liable for millions of dollars in damages – even if the injured worker was drunk or failed to use safety equipment.” [Habitat mag] “Coverage for East Side Access [infrastructure project] has surpassed half a billion dollars” [Will Bredderman, Crain’s New York]
  • As Brett Kavanaugh’s SeaWorld dissent shows, he’s a judge who takes assumption of risk seriously [ABA Journal, SeaWorld v. Perez]
  • Twiqbal pleading standards continue to do good, this time in New York state courts [Drug & Device Law]

Liability roundup

Liability roundup

Liability roundup

  • Ted Frank, crusader against class action abuse and formerly a contributor to this blog, profiled [Caleb Hannan, Bloomberg]
  • Judge: “Milberg attorneys engaged in an elaborate scheme of deceptive conduct” in qui tam relator case [Bailey McGowan/WLF, opinion in Leysock v. Forest Labs]
  • “One way to help save the subways: Repeal the Scaffold Law” [Mike Elmendorf, New York Post]
  • Not for the first (or eighth) time, U.S. Senate looking like a graveyard for liability reform bills [Bruce Kaufman, Bloomberg]
  • Illinois: “it has not been unusual over the years to learn that insurers don’t want to write policies in Madison County because of the litigation factor.” [Madison County Record]
  • “Data-Breach Plaintiffs’ Lawyers Concoct New ‘Overpayment’ Harm Theory, with Mixed Results” [Greg Herbers, WLF]

In Albany talking New York’s lawsuit mess

I joined Thomas Stebbins and host Liz Patterson on Wednesday to discuss municipal liability on New York Time Warner Cable’s Capital Tonight, with the conversation reaching such perennial Overlawyered topics as trees and playgrounds. I was in Albany to keynote (and sign books at) the annual meeting of the Lawsuit Reform Alliance of New York, which Stebbins directs; my talk mentioned the recent Saratoga County case in which an adult woman sued her brother after a trampoline injury, Ralph Nader’s Museum of American Tort Law, and many other topics.

The $720 million that New York City paid out in judgments and claims in fiscal 2016 amounts to more than the payouts of the next 19 biggest cities combined, writes Thomas Stebbins in a piece for the Progressive Policy Institute based on a new Governing magazine article by Mike Maciag on the burdens of municipal liability. (Four of the nation’s 24 biggest cities did not respond to the Governing survey and are not included in the calculation.) Trial lawyers’ political clout in New York — which has preserved such throwbacks as the notorious “scaffold law” in construction — is a prime reason, and it doesn’t help that the state’s highest court has begun regularly handing down verdicts driving the law in a pro-plaintiff direction. While serious police brutality suits are only too common in the city, flimsy ones are too:

In past years, New York often agreed to pay out small settlements just to make cases go away. Elizabeth Daitz, who heads the police department’s legal unit, says it got to the point to where protesters would taunt police officers at rallies, telling them about settlements they’d received and threatening to sue again. One settlement in early 2015 drew particular ire from officials. A man wielding a machete had threatened police officers and was shot in the leg during an altercation; the man then accused the police of wrongdoing. The city agreed to a $5,000 settlement, even though the man had plead guilty to menacing an officer. Mayor Bill de Blasio vowed to make changes. “Unfortunately, the reality is, if we stand and fight, we will be spending a lot of time in court, using up a lot of lawyers, and it will cost a lot of money,” he told reporters after the settlement was announced. “But it’s worth it to end the madness of these frivolous lawsuits, which are not fair to the city, and not fair to the officers involved.”

One favorable trend for New York City: payouts by its Health and Hospitals Corporation declined somewhat after the city put the entity in charge of its own legal cases.

Liability roundup

Liability roundup

  • Mechanics of high-volume injury litigation: “A disgruntled former law firm employee spills secrets on a mass tort factory” [Paul Barrett, Business Week] More on chasing clients: new Chamber Institute for Legal Reform research finds 23 of top 25 Google key words linking ads to user searches are for personal injury law firms; TV advertising by lawyer is projected to reach $892 million in 2015, up 68% from 2008. Yet more: Daniel Fisher/Forbes (“San Antonio car wreck attorney” goes for $670 per click on Google), Tampa Bay Times (“Highly groomed attorney duo …shown moving in slow motion on courthouse steps to a hard rock beat”);
  • Flurry of other new papers by U.S. Chamber’s Institute for Legal Reform, many connected with its annual Legal Reform Summit, include one on how the trial bar has been successful at lobbying the Obama administration. Plus a new edition of “101 Ways to Improve State Legal Systems”;
  • In speech, Rudolph Giuliani recalls tort-law challenges he faced as NYC mayor [Corpus Christi Caller-Times]
  • A quarter century later, trial lawyers’ initiative to take revenge against insurer adversaries continues to harm California insurance customers [Ian Adams, “The troublesome legacy of Prop 103,” R Street Institute, paper in PDF, summary]
  • A story we’ve covered before: Mississippi attorney general Jim Hood and the flow of funds from and to private lawyers he hires [Steve Wilson/Mississippi Watchdog, quotes me]
  • Most New York counties have passed resolutions calling for reform of the state’s unique scaffold law [Lawsuit Reform Alliance of New York]
  • You’d think indictment of Mikal Watts, Texas law major-leaguer with friends in high D.C. places, would be playing bigger in the press [Tim Carney]

Labor and employment roundup

  • “The employees ran away and refused to talk to us…Even if we’re there to help them.” [NYT cheers New York nail salon raids, earlier on paper’s crusade against the salons]
  • And now, the Times’s campaign to damn the Amazon: “The Liberty To Work Under Tough Bosses” [John McGinnis]
  • Rule by White House decree begins to rile its employer targets: “Defense Contractors to Obama: Enough With the Executive Orders” [Defense One]
  • “Lawsuit Reform Alliance Estimates $200m in Additional Costs for LaGuardia Airport Project Due to the ‘Scaffold Law'” [its press release, earlier on law]
  • “Mandated Paid Maternity Leave: A Bad Idea for Women” [Abigail Hall, Independent Institute via Alkon, related Peter Suderman on family leave mandates]
  • Describing most public assistance programs to working families as subsidy for low-wage employers is “flatly wrong.” [Gary Burtless, Brookings, earlier on such claims, more from Tim Worstall (“McDonald’s Profits Are Not Subsidized By Welfare Payments To McDonald’s Employees”)]
  • Wisconsin-style “Moral Monday” protests against North Carolina’s GOP administration have some familiar backing [News and Observer, more on phenomenon from John Locke Foundation]

Liability roundup

  • Home lab butane cannabis fatality: “The Hash Oil contributory negligence lawsuit you’ve all been waiting for” [Elie Mystal, Above the Law]
  • With Sheldon Silver out of the speaker’s chair, New York has better chance at reducing sky-high litigation costs [Manhattan Institute, earlier on scaffold law]
  • Per Norton Rose Fulbright annual business survey, responding companies more than twice as likely to be facing five or more lawsuits if based in U.S. than if based elsewhere [Norton Rose Fulbright, Bob Dorigo Jones]
  • “Hearing: H.R. 1927, the “Fairness in Class Action Litigation Act of 2015” [April House Judiciary Committee with John Beisner, Mark Behrens, Alexandra Lahav, Andrew Trask]
  • Legal outlook for Illinois defendants deteriorates as Madison County sees resurgence in suits and Cook County remains itself [ICJL]
  • Brown v. Nucor Corp.: did Fourth Circuit just try to gut Wal-Mart v. Dukes rules against combining bias plaintiffs in dissimilar situations into class action? [Hans Bader/Examiner, Derek Stikeleather/Maryland Appellate Blog]
  • No wonder New York City consolidation trials are so popular with asbestos lawyers if they yield average of $24 million per plaintiff [Chamber-backed Legal NewsLine] Information in eye-opening Garlock asbestos bankruptcy (allegations of perjury, witness-coaching, etc.) now unsealed and online [same, earlier]