I seldom carry announcements of new legal weblogs, but will make an exception in the case of Al Nye the Lawyer Guy out of Portland, Maine, if only because he shows such good taste in books (buy).
Author Archive
Med-mal: new at Point of Law
Our sister website has published numerous posts this month on medical malpractice issues, including a modest proposal for doctors to make money by suing each other; certificates of merit, done right; what kind of insurance premiums one law prof doesn’t find shocking; more and yet more on anonymous medical experts; a Flash animation game on med-mal; in search of a few bad ob/gyns; and commentaries by Ted Frank and Jim Copland on Maryland’s crisis.
“It’s always recession-proof”
Such happy news for Florida law firms, and such unhappy news for the rest of us: “‘Litigation is the No. 1 growth area. It’s always recession-proof,’ said Peter Prieto, executive partner of the Miami office of Holland & Knight, in an interview.” (Harris Meyer, “Legal Market in Florida ‘Flourishing'”, Miami Daily Business Review, Oct. 11).
Ninth Circuit: marine mammals don’t have standing…yet
There’ll always be a Ninth Circuit: “The world’s whales, porpoises and dolphins have no standing to sue President Bush over the U.S. Navy’s use of sonar equipment that harms marine mammals, a federal appeals court ruled yesterday. A three-judge panel of the U.S. 9th Circuit Court of Appeals in San Francisco, widely considered one of the most liberal and activist in the country, said it saw no reason why animals should not be allowed to sue [emphasis added] but said they had not yet been granted that right.” (“Court Says Whales, Dolphins Cannot Sue Bush”, Reuters/PlanetArk, Oct. 21). For more on giving animals standing to sue (= giving human lawyers standing to sue on their claimed behalf) see our animal rights archives and specifically May 14-15 and Apr. 29-30, 2002. More: Legal Reader has a link to the opinion (PDF), and Martin Grace also comments. More: Jeff Chorney, “Call Me Ishmael — and Call My Lawyer!”, The Recorder, Nov. 1.
Three guilty pleas in Miss. fen-phen fraud case
Not long after federal authorities arrested twelve Fayette, Mississippi residents on charges of fraud relating to the fen-phen settlement (see Sept. 1, 2004 and Oct. 3, 2003), three of the arrestees agreed to plead guilty and cooperate with the probe. All of the twelve “are accused of receiving at least $250,000 [each] in settlement funds through false prescriptions, netting about $150,000 after attorney fees and expenses.” (Jimmie E. Gates, “3 plead guilty in Fen-Phen probe”, Jackson Clarion-Ledger, Sept. 22). “A Jefferson County jury had awarded $150 million to five people who claimed fen-phen gave them heart and lung problems,” and there had followed a $400 million settlement with nearly 800 people nationwide. Included in that sum were high payments to many claimants from Jefferson County, which includes Fayette, who said they had taken the diet compound. (Denise Grones, “12 Charged With Fraud in $400 Million Fen-Phen Settlement”, AP/Law.com, Sept. 2). At least one of the twelve has protested her innocence and says she really did take the drug (Jerry Mitchell, “Fen-Phen arrests revive rap on county”, Jackson Clarion-Ledger, Sept. 5).
Another tidbit from the last-mentioned article: “A few years ago, the roof collapsed at the Family Dollar store in Fayette. A handful of people were shopping there at the time, but dozens who weren’t showed up in the emergency room for treatment.”
Lockmaker class actions
Following revelations that some Kryptonite bicycle locks can be easily picked, the maker has offered to replace all of the locks with new ones free from the flaw. This has however not mollified class action lawyers who’ve been rushing to sue the firm. “What if people don’t want a Kryptonite lock anymore?,” asks Darrell Palmer, one of two lawyers who filed would-be class actions in San Diego County Superior Court. Company spokeswoman Donna Tocci said that the newly revealed security issue “is not just a Kryptonite concern. Anything with a tubular cylinder — vending machines, soda machines, ignition systems, coin-operated laundry and other security products — could be a concern.” And indeed, lawyers pursuing intended class actions (and s. 17200 actions in California) have been suing other makers of U-locks as well, including Master Lock. (Pam Smith, “Plaintiffs Firms Lock Onto Kryptonite”, The Recorder, Sept. 28).
Latest newsletter
The latest installment of our free periodic newsletter went out this afternoon to its c. 2300 subscribers, covering the last three weeks’ worth of postings in telegraphic, even punchy style. It’s a great way to keep up with items you may have missed; when you’re finished, pass on the email to a friend to let them know about the site. Sign up today, right here.
NYT on “Friends” harassment case
Speaking of sexual harassment charges involving highly rated TV shows that have caused many readers to consult TheSmokingGun.com, Sunday’s New York Times has a story about Amaani Lyle’s lawsuit claiming to have been scandalized by sexually explicit discussion among the scriptwriters of the comedy Friends (see Jul. 31, Jul. 19, Apr. 23). Inevitably, a law professor — in this case Joanna Grossman of Hofstra — makes an appearance to argue that joke-writers for ribald sitcoms should be held to the same standards of workplace decorum as managers of hymnbook stores (more of her views)(Christopher Noxon, “Television Without Pity”, Oct. 17). And more on the case: Harvey Silverglate, “What Would Rachel Say?”, Wall Street Journal, Aug. 4, reprinted at Center for Individual Rights site; (PDF links:) California appellate decision at CIR site; CIR amicus brief.
Scottish Enlightenment
What we owe to 18th-century Edinburgh — mildly off-topic (David Denby, “Northern Lights”, The New Yorker, Oct. 11)(via Arts & Letters Daily)(some of my views).
Seized cars at auction: buyer beware
Buying at auction a car confiscated by government authorities — seems like a thrifty idea, no? However, in at least three cases in the vicinity of San Diego and nearby Tijuana, Mexico the buyers appear to have gotten more than they bargained for: illegal drugs were later found concealed in the cars, and the hapless motorists in all three cases spent time in jail before the seeming mixup was straightened out. A lawyer for one of the buyers, U.S. citizen Adrian Rodriguez, is now trying to prove that the Customs Service conducted a less than thorough search for contraband before the auctions because it didn’t want to impair the cars’ auction value by cutting them up too drastically. The agency denies the charge. (Anna Cearley, “Customs evidence preserved?”, San Diego Union-Tribune, Sept. 27).