A new type of Ninth Circuit opinion. [Joe Palazzolo, WSJ Law Blog]
Author Archive
Italy: scientists sent to prison for faulty earthquake predictions
“Six Italian scientists and an ex-government official have been sentenced to six years in prison over the 2009 deadly earthquake in L’Aquila. A regional court found them guilty of multiple manslaughter. Prosecutors had said the defendants gave a falsely reassuring statement before the quake after studying tremors that had shaken the city.” [BBC, earlier] More: Orac.
Speaking of science and the Italian courts, Italy’s Supreme Court has ruled in favor of a litigant claiming cellphone use caused his brain tumor; most authorities have found no such link [Telegraph]
The foreign policy debate
A few selected tweets:
MSNBC: Substance-wise, Romney “hugged Mr. Obama” on series of issues. And vice versa! Call it the Angry Hug debate.
— Walter Olson (@walterolson) October 23, 2012
So the greatest future foreign threat is affordable tires.
— Jesse Walker (@notjessewalker) October 23, 2012
DRONES = Dammit, Romney-Obama Not Even Separable
— Walter Olson (@walterolson) October 23, 2012
There are bigger policy differences between Obama ’08 & Obama 12, Primary Romney & Candidate Romney, than Obama & Romney. #debate
— Peter Jaworski (@petermjaworski) October 23, 2012
Cato’s group debate coverage (not including me this time) cato-at-liberty.org/live-blog-of-t…
— Walter Olson (@walterolson) October 23, 2012
And about the last debate:
Ames straw polls, nominating conventions, “fact-checking”: how journalists create news [Andrew Ferguson, Commentary] commentarymagazine.com/article/is-tha…
— Walter Olson (@walterolson) October 22, 2012
“The Fact-Checkers’ Conceit” [Jonathan Adler; Ramesh Ponnuru] volokh.com/2012/10/11/the…
— Walter Olson (@walterolson) October 18, 2012
Romney’s four worst moments at the debate, policy-wise [@capitalismnow] futureofcapitalism.com/2012/10/romney…
— Walter Olson (@walterolson) October 18, 2012
Pharmaceutical roundup
- False medical reports lead to echo-mill conviction [Drug and Device Law]
- Leads for sale in mass tort cases: Actos $450, Yaz $400, Yazmin $400, Ocella $425 [Ron Miller]
- Ninth Circuit: securities suit vs. pharmaceutical company can’t piggyback on allegations of flawed clinical trials [The Recorder]
- Dubious management idea: subordinate policy/legislative advocacy to corporate social responsibility (CSR) department [Susan Crowley/PharmExec]
- “Former Glaxo VP: ‘The Criminalization of the Practice of Law Is Here’” [WSJ interview with Lauren Stevens]
- Given the state’s legal climate, does it really make sense for a big pharmco to retain its headquarters in Pennsylvania? [Ted Frank] Sounds rather appetizing actually: defendant J&J said to have run into Louisiana home cooking [Eric Alexander, D&D Law]
- On the life-threatening shortages of sterile injectables [earlier here, etc.] here’s the official line of Margaret Hamburg’s FDA, as dutifully transcribed by the Times: if “nearly a third of the industry’s manufacturing capacity is off line because of quality issues,” it’s because that capacity had been operating in an recklessly unsafe manner, and it in no way reflects on the FDA’s stringent new GMP regulations on manufacturing processes, with which drug makers could easily comply were they not so inured to putting up with weevils, rust and urine on the production line. Note however this significant bit: “The shutdowns have contributed to a shortage of critical drugs, and [loosely state-regulated] compounding pharmacies have stepped into the gap as medical professionals scramble for alternative sources. But several serious health scares have been traced to compounding pharmacies in recent years,” including a deadly new meningitis outbreak. [Katie Thomas, NYT]
New Orleans Saints class action
“A New Orleans Saints fan named David Mancina has filed a putative class action against Roger Goodell and the NFL, alleging that Goodell and the league’s suspension of Saints players entitles Mancina and other Saints fans to damages from (I am not making this up) ‘the diminishment in the value of their tickets; their personal emotional reaction to the unwarranted penalties inflicted on their beloved team, players, coaches, and executives; and the deliberate reduction of the competitive capability of the Saints due to the selective gutting of the critical components needed to justify the loyalty of Plaintiff and the class.'” [Howard Wasserman, Prawfs, who does not think much of the suit, headlining it “Today in Sanctionable Lawsuits”]
“German woman fails to prove atom-smasher will end world”
“A German woman who feared the Earth would be sucked into oblivion in a black hole failed Tuesday in her court bid to stop the work of the world’s most powerful atom smasher.’ [Phys.org]
NLRB and labor law roundup
- Union at City of Detroit water department (of “horseshoer” fame) strikes, defying court order [MLive, more]
- Furor over administration’s “don’t WARN of sequestration layoffs” message to defense employers [Charles Cooke, NRO]
- “Now the NLRB says employers can’t regulate threatening or offensive speech (this is getting ridiculous)” [Jon Hyman] Contrasting (yet somehow consistent!): “workplace bullying” docket on the rise [Corporate Counsel]
- More on NLRB, social media and employers [Tim Eavenson, Todd Sarver]
- John Stossel on government job centers [Coyote]
- “The Worst May Be Yet To Come From Obama’s Labor Board” [Fred Wszolek, Workforce Fairness Institute]
- “Should We Unionize the Grad Students?” [George Leef, Minding the Campus; Brown Daily Herald]
Judge rejects Groupon class action settlement
The judge found fault with a cy pres diversion of funds to charity. Ted Frank had criticized the settlement as leaving consumers in arguably a worse position than if the lawyers hadn’t sued. [Point of Law, earlier]
“Should Industry Face More Cybersecurity Mandates?”
The NYT’s Room for Debate airs pros and cons of what could be a significant new area of federal regulation.
“New Labor Dept. Rule Would Require Employers To Out Their Own Lawyers”
Confidentiality rules vs. union ambitions: “A new rule that the Obama administration is trying to enact in Washington would require employers to report all contracts with lawyers or consulting firms involved in labor relations — including how much they’re being paid — regardless of what kind of work they’re doing for a particular client.” [Daniel Fisher, Forbes]