- Availability of Uber and Lyft at LAX airport tied up in lawsuits including one filed under CEQA, the California environmental-review law often used tactically to delay projects [Los Angeles Times]
- Twenty years after his classic contrarian article on recycling, John Tierney returns with another close look at its pros and cons [New York Times] Quit scapegoating plastic bags, they carry enough weight as it is [Katherine Mangu-Ward, Reason, related]
- California class action: Reynolds should have disclosed formaldehyde in vaping [Winston-Salem Journal] Authors of widely noted New England Journal of Medicine formaldehyde/vaping paper got “philanthropy to support research” from two big-league trial lawyers [NEJM paper, disclosure form, Joseph Nocera January, related April, August and recent New York Times columns, Michael Siegel]
- Federal court blocks EPA’s hotly disputed Waters of the United States (“WOTUS”) rule [Jonathan Adler; National Wildlife Federation (pro-rule); Todd Gaziano and M. Reed Hopper, PLF (against), American Farm Bureau Federation (same)]
- Environmental law firm intervenes in Louisiana governor’s race to tune of $1.1 million [Greater Baton Rouge Business Report]
- Same state: “BP oil spill settlement to reimburse millions Louisiana paid to politically connected law firms” [Kyle Barnett, Louisiana Record]
- Government subsidies for rebuilding hurricane-prone areas disproportionately aid the wealthy [Chris Edwards, Cato]
- “Environmental review makes it hard to do anything — even make a new bike lane” [Matthew Yglesias, Vox]
- Outdoors education: don’t just treat nature as a museum for kids, let them play in it [Lenore Skenazy]
- Not more outcry? “Philadelphia To Seize 1,330 Properties For Public Redevelopment” [Scott Beyer, more]
- Influencing proceedings against Chevron: “Documents Reveal Ecuadorian Government Organized Protests on U.S. Soil” [Lachlan Markay, Free Beacon]
- Inholders can be caught in maze of jurisdictional obstacles when attempting to challenge federal land takings, Nevada church deprived of former water use deserves a remedy [Ilya Shapiro, Cato on cert petition in Ministerio Roca Solida v. United States]
- Touchy legacy for HUD today: New Deal housing programs advanced segregation, sometimes on purpose [Coyote]
- Payouts in BP Gulf spill headed for $68 billion, much going to uninjured parties, sending message to overseas investors not to invest in US [Collin Eaton, San Antonio Express-News] Bad results in BP episode will help teach Takata and other mass tort defendants not to try the “right thing” again [Joseph Nocera, N.Y. Times]
Actual cigarette smoking among teens, the kind that requires inhaling carcinogenic products of combustion, is down a startling 25 percent in one year and nearly 42 percent since 2011. The reason is the rapid substitution of vaping or e-cigarettes, which hold singular promise as a harm-reduction measure for those drawn to the nicotine habit. Great news, right? Not if you listen to Thomas Frieden of the Centers for Disease Control, who’s doing his best to disguise good tidings as bad so as to stoke the officially encouraged panic about vaping. New York Times columnist Joe Nocera nails Frieden on the issue [h/t @jackshafer], providing a model of appropriately skeptical press scrutiny of someone who hardly ever gets subjected to that. More on Frieden; David Henderson on how FDA hostility to vaping could slow the shift from more-toxic alternatives; related, Greg Gutfeld on California ads trashing e-cigs.
P.S. Andrew Stuttaford thinks Frieden’s not in denial, he knows better.
Sheldon Silver’s arrest prompts Jeffrey Toobin to relate a war story regarding the now-defunct law firm known as Morris Eisen, P.C., “an outfit so extravagantly corrupt, so hilariously dishonest, and so creatively malign as almost to defy belief.” (I’ve written a number of times about the Eisen firm myself.) Eisen’s son-in-law, who had gotten his start with the firm, went on to found the firm of Weitz & Luxenberg, where Silver had his no-visible-duties job and to which he occasionally sent lucrative asbestos referrals from his friends at the Columbia clinic and elsewhere.
Weitz & Luxenberg (which has not been charged with any wrongdoing in the federal investigation, and says it has asked Silver to take a leave of absence) is also a big political player nationally, not just in New York. As Kim Strassel notes at the WSJ, “Then Senate Majority Leader Harry Reid’s top contributor from 2009 to 2014 was Weitz & Luxenberg. The firm played the same role for Bruce Braley, the trial-lawyer Democrat who just lost an Iowa Senate race.” The other large asbestos firm to receive lucrative patient referrals from Dr. Robert Taub’s now-discontinued Columbia University mesothelioma center is the Simmons firm of Illinois, another big political donor that Strassel says has been the single biggest backer of Sen. Dick Durbin (D-Ill.).
Previously on the Silver arrest here and here. More: “Tarnished Silver: Speaker’s arrest upends most everything in Albany” [Andrew Hawkins, Crain’s New York (“his support for the teachers’ union has kept education reformers at bay”); Henry Goldman, Bloomberg; Wayne Barrett on Silver’s “Friends of Shelly” network of pals, including Chief Judge Jonathan Lippman (“In his varied posts, Lippman has long overseen the very courts hearing the asbestos and other cases brought by Silver’s firm.”)
And this Joseph Nocera column from the weekend, which is particularly strong on Silver’s influence over the judiciary in New York, built up through methods all “perfectly legal.” But note this NYT correction stating that Nocera’s discussion of the judiciary in that column was “premised on several factual errors.” (More on that: New York Sun.) The New York Post believes the feds are sniffing around Manhattan trial courts.
- Called on his “jail ’em” rants, RFK Jr. tries to walk things back. Not gonna work [Andrew Stuttaford, Steven Hayward, earlier]
- If you think plastic bags have a high energy cost, one of Andrew Sullivan’s readers has news for you [The Dish; related, Julian Morris/Albuquerque Journal]
- There she is! The one who favorited that tweet! Bring her to justice! [@gabrielmalor via @andrewmgrossman]
- Some online commenters insist there must be a link between Ebola and GMOs, and in a sense they’re right: GM techniques likely to prove vital in developing therapies against the disease [Abbie Smith]
- Ann Althouse annotates a long New York Times Magazine article promoting the Louisiana coastal-erosion lawsuit [earlier]
- Who’s more credible on Chevron/Ecuador, Steven Donziger or his many critics? [Joseph Nocera, New York Times] Appeals court opens doors to more revelations in case [Paul Barrett, Business Week] More: Oh, and about Mia Farrow… [Phelim McAleer, New York Post]
- “Newfoundland judge dismisses moose vehicle collision class action lawsuit” [Canadian Press, earlier]
What percent of the dollar value demanded in asbestos litigation these days is grounded in deceitful or duplicative claims practices? Would 90 percent be an unreasonable guess? “A bankruptcy judge slashed by 90 percent the amount gasket manufacturer Garlock Sealing Technologies owes asbestos plaintiffs. … The judge cited the practice of plaintiff lawyers [of hiding] evidence their clients were exposed to products made by other companies, both by coaching their clients to deny exposure and by failing to disclose claims they made in other cases.” [Daniel Fisher/Forbes and followup and related, Joe Nocera/New York Times, Paul Barrett, Bloomberg Business Week, Charlotte Observer, order at TortsProf] On the patterns of multiple dipping exposed by Judge Janis Graham Jack in 2005 litigation, see Jim Copland’s summary here. I wrote about the coaching of asbestos claimants to “remember” working with certain products and not others in my 2004 book The Rule of Lawyers and in this earlier Reason column. More: Richard Faulk, WLF.
- Melissa Kite, columnist with Britain’s Spectator, writes about her low-speed car crash and its aftermath [first, second, third, fourth]
- NYT’s Nocera lauds Keystone pipeline, gets called “global warming denier” [NYTimes] More about foundations’ campaign to throttle Alberta tar sands [Coyote] Regulations mandating insurance “disclosures” provide another way for climate change activists to stir the pot [Insurance and Technology]
- “Cop spends weeks to trick an 18-year-old into possession and sale of a gram of pot” [Frauenfelder, BB]
- Federal Circuit model order, pilot program could show way to rein in patent e-discovery [Inside Counsel, Corporate Counsel] December Congressional hearing on discovery costs [Lawyers for Civil Justice]
- Trial lawyer group working with Senate campaigns in North Dakota, Nevada, Wisconsin, Hawaii [Rob Port via LNL] President of Houston Trial Lawyers Association makes U.S. Senate bid [Chron]
- Panel selection: “Jury strikes matter” [Ron Miller, Maryland Injury]
- Law-world summaries/Seventeen syllables long/@legal_haiku (& for a similar treatment of high court cases, check out @SupremeHaiku)
- Popehat’s Ken to the rescue after Maine lawyer/lawmaker assists naturopath in bullying critical blogger [Popehat]
- Newt’s “patriotism made me stray” among highlights of the year in blame-shifting [Jacob Sullum]
- Nifong sidekick, now in a spot of legal bother himself, hits back with lawsuit [K C Johnson, Durham in Wonderland]
- Shareholder action: “Delaware approves $285 Million in Plaintiffs’ Lawyers’ Fees” [Bainbridge, WSJ Deal Journal, WSJ Law Blog]
- “Even one death is too many — WE MUST BAN NETI POTS!” [NYDN via Christopher Tozzo]
- Debatable premise of Joe Nocera analysis on Stephen Glass case: bar admission turn-down = “rest of his life … destroyed” [NYT, Howard Wasserman/Prawfs, earlier]
- Who says Connecticut never reforms liability? Towns won protection last year from some recreation-land tort exposure [CFPA, earlier here, here]