Author Archive

Vioxx coverage (and more) at Point of Law

For comprehensive coverage of this week’s verdicts in lawsuits against Merck, see Point of Law. In particular, Ted corrects reporters who keep passing on ill-informed assertions that the Cona/McDarby results are going to preclude Merck from raising its earlier defenses in the thousands of Vioxx cases yet to come, and that that New Jersey cases are being heard in “Merck’s home court“.

Other things you’ve been missing if you don’t check our sister site regularly:

* New regular contributors include Larry Ribstein (Ideoblog), Tom Kirkendall (Houston’s Clear Thinkers), and Sam Munson (Manhattan Institute);

* Theodore Dalrymple on a new history of vaccine litigation;

* Jim Copland on Rep. Cynthia McKinney and a class action on behalf of Capitol police;

* Ted on the Supreme Court’s recent Dabit decision on state-court securities suits (here and here); and on a new med-mal study;

* Michael Krauss on a tort suit in the U.S. against ExxonMobil over abuses by the Indonesian military;

* Jonathan B. Wilson on offer-of-judgment reform in Georgia (and more); and joint-and-several-liability reform in Pennsylvania, just vetoed by that state’s Gov. Ed Rendell;

* Posts by me nominating an Arizona lawprof for “the worst and most tendentious analogy in the history of the liability debate”; on doctors’ Good Samaritan liability; a ruling in the New York school finance case, an AG who dissents from his brethren on the tobacco deal; the Rhode Island lead paint verdict (here, here, etc.); Seventh Circuit judge Diane Sykes criticizes the Wisconsin Supreme Court; and lost-overtime suits on behalf of $400,000-a-year stockbrokers. And, of course, much much more — bookmark the site today.

ABC “PrimeTime” on false confessions

“If you still think you would never confess to a crime you didn’t commit, listen to this.” Georgia Criminal Law Blog has a summary of the show (Mar. 31)(via Cernovich). Only seven states require that the full course of a police interrogation be taped in order to better evaluate the credibility of a confession; with the cost of such recording technology dropping ever closer to zero, it’s hard to see the case against a full-taping policy.

Oz: discrimination law vs. free speech

In Australia, a professor faces punishment for politically unacceptable speech:

Academic Andrew Fraser will defy the Human Rights and Equal Opportunity Commission by not apologising to the Sudanese community for his study linking African refugees to high crime rates.
In a landmark ruling that raises fresh questions about the limits to which academics can engage in public debate, HREOC chairman John von Doussa has found Professor Fraser’s comments were unlawful because they amounted to a “sweeping generalisation” that was not backed by research.

Professor Fraser was suspended last year from teaching at Sydney’s Macquarie University over his comments about Sudanese refugees in Australia.

(Greg Roberts, “Academic still links Africans to crime”, The Australian, Apr. 4)(via David Bernstein).

Trial lawyers in GOP politics

Now it’s Pennsylvania: Donna Rovito has got the goods on the trial bar’s efforts to influence the forthcoming (May 16) Republican primary for a state senate seat in the Wilkes-Barre area. They’re backing Kingston mayor Jim Haggerty, who’s facing off against former gubernatorial aide Lisa Baker and three other candidates (Mar. 23, scroll to item 5). Update May 21: Haggerty loses.

Pellicano fallout, cont’d

“While top entertainment lawyer Terry Christensen is the only attorney indicted so far in connection with [indicted private investigator Anthony] Pellicano, several others face litigation that could cripple their practices — and possibly break up their firms.

“The big problem, said Timothy Halloran, an expert in law firm liability at Murphy, Pearson, Bradley & Feeney in San Francisco, is that illegal activity such as wiretapping won’t be covered by malpractice insurance.” (Justin Scheck and Kellie Schmitt, “Will Law Firms Be Able to Weather Wiretap-Related Suits?”, The Recorder/Law.com, Mar. 28). More: Mar. 2, Feb. 18, etc.

If defective, return in original envelope

“A judge considering a proposed settlement of a class action lawsuit against a popular DVD rental service, Netflix, retreated yesterday [Thursday] from his threat to sharply cut the fees awarded to lawyers in the case.” Netflix had increased its estimate of the number of customers it expects to take advantage of the settlement. (Josh Gerstein, “Netflix Judge Changes Mind On Lawyer Fees”, New York Sun, Mar. 31). Earlier: Mar. 23, etc.