Posts Tagged ‘about the site’

Knight Center seminar

Yesterday, I had the honor and pleasure of debating Professor Jonathan Turley on litigation reform issues at a Knight Center seminar on “Law and the Courts” in front of a few dozen journalists. Some of the topics we and the audience questioners touched upon all too briefly there merit follow-up in a forum where citations are easier.

Overlawyered posted on the drunk driving car window case we discussed.

In “The Myth of the Ford Pinto Case”, 43 Rutgers L. Rev. 1013 (1991), Gary Schwartz demonstrates that the Pinto’s safety record was comparable to other cars of the era, and that the Mother Jones prediction of hundreds of deaths was wildly off. This site’s editor’s articles, “It Didn’t Start With Dateline NBC” and “Exposing the ‘Experts’ Behind the Sexy Exposés: How Networks Get Duped by Dubious Advocates” are both good reading for more on the Pinto legend and on the topic of lawyers’ attempts to manipulate the media.

There appears to be a tradition that no litigation reform debate can be held without reference to the McDonald’s coffee case. The fact that Professor Turley defends this verdict (and presumably teaches the same to his Torts students) shows that this ten-year-old case is still relevant. The much-better reasoned McMahon v. Bunn-O-Matic threw out a lawsuit with an identical theory of liability for third-degree coffee burns in one’s lap. Professor Turley attacked the decision on the ad hominem grounds that Judge Easterbrook is conservative, but if that were so, one could presumably point to the part of the opinion infected by political bias, and I have yet to see anyone do so.

Professor Turley claims the urban legend of the lawsuit involving the guy who used a lawn mower as a hedge-clipper has infected the tort debate, but a Google search shows that the vast majority of references on the web to this story come from reprints of Turley’s article on the subject. I’d like to see a source for Professor Turley’s claim that this anecdote is taught in law schools; when I was in law school in 1992, the tale wasn’t treated as anything other than an urban legend, as one Chicago 1L shared with the pre-blog Internet urban folklore group. One columnist who didn’t fact-check before passing on e-mail glurge doth not a trend make.

There were a lot of questions about asbestos litigation; Jim Copland’s short overview on the topic is a good starting place, with many links to more detailed analyses.

I disagree with Professor Turley’s claim that medical malpractice rates would go down if there was “experience rating”, mostly because it appears that the malpractice liability system in place today is sufficiently random that past claims are not a good predictor of future claims. (Raymond Lehmann, “Medical-Liability Debate Puts Rate-Setting Complexities Under Microscope”, BestWire, Feb. 22 ($)). I’ve elsewhere commented sardonically on the claims that insurance industry incompetence is the reason behind the malpractice crisis.

Upcoming events: Chicago, Orlando

Tomorrow (Friday, Apr. 8) I’m scheduled to participate in a panel discussion on medical malpractice at Chicago’s Union League Club, sponsored by various units of the University of Illinois (law school, medical school, Institute for Government and Public Affairs). And on Apr. 20 I’ll be giving a luncheon speech in Orlando to the Federalist Society Lawyers chapter there, on the themes of my most recent book The Rule of Lawyers. (Updated Apr. 9 to add Illinois web link and remove mention of a third appearance now likely to be canceled).

To book either Ted or me for speaking engagements, by the way, just send us email at the addresses indicated in the right-hand column.

Welcome Forbes readers

We’re honored for this website to have such a prominent place in a column in the latest Forbes. (William Baldwin, “Seventh-Amendment Follies”, Apr. 11). Links to the stories mentioned: $27 million Ford Escort verdict; $49 million punitive damage Dodge Caravan verdict and follow-up; $4.9 billion Chevy Malibu verdict. You may also be interested in our related site, Point of Law, which has a more academic focus, including a section on the issue of science and the courts.

The latest issue of Forbes also has an excellent story about the junk science behind mold litigation. Dr. Gary Ordog travels the country, diagnosing just about every conceivable illness as being caused by exposure to mold.

A California judge once said Ordog “lacks credibility completely” after he testified that he was chief toxicologist at Henry Mayo Newhall Memorial Hospital in Santa Clarita, which has no such department; that he’d published “hundreds” of scholarly articles, when a search of the PubMed database turns up fewer than 70, almost all of them dealing with gunshot wounds and trauma; and that former President Bill Clinton called him personally to run a special mold commission for the Environmental Protection Agency, even though an EPA spokesman says the agency’s authority doesn’t include indoor air quality. Ordog “is completely abusing the system,” says James Robie, a defense lawyer with Robie & Matthai in Los Angeles who has cross-examined Ordog several times. “He is possibly the most dishonest man I have ever met.”

(Daniel Fisher, “Dr. Mold”, Apr. 11). For more on mold litigation, see May 26 and links therein.

Latest newsletter

Our email newsletter summing up what’s new on the site went out this afternoon to its c. 2300 subscribers, covering the last month or so’s worth of postings in telegraphic, occasionally droll style. Isn’t it time you signed up for your free subscription? You can do so right here.

Welcome visitors

If you’re here in search of Ted’s post on the West Covina, Calif. chimpanzee attack, it’s here (given its popularity, maybe we should start up a regular chimp-attack beat). If you’re looking for the item about the Boston family that wants $740,000 for its electrocuted dog, it’s here. And if the story that attracted you was the one about the lawyer who accidentally sued himself, it’s here.

Welcome New York Times readers

Legal correspondent Adam Liptak quotes me in a Sunday Week in Review piece on the prospect that lawyers, restrained from asking for unlimited non-economic damages, will instead seek and obtain higher economic damages from juries. I should make clear for the record, by the way, that despite my quoted remark expressing one reason to be skeptical that such limits can be readily gotten around, I haven’t yet seen Columbia law prof Catherine Sharkey’s forthcoming paper, and intend to keep an open mind about it. (Adam Liptak, “Go Ahead. Test a Lawyer’s Ingenuity. Try to Limit Damages”, New York Times, Mar. 6).

AEI: Who Is to Blame for Obesity?

A webcast of today’s American Enterprise Institute panel on obesity and lifestyle litigation is now on-line. I spoke at the second panel, moderated by AEI’s Michael Greve, along with activists Richard Daynard and Alison Rein, and Thomas Haynes of the Coca-Cola Bottlers’ Association. Todd Zywicki moderated an earlier panel on empirical research on the causes of obesity.

Publicity roundup

Kevin Heller of TechLawAdvisor doesn’t want us coming after him (Feb. 14). Our correspondence with Santa Barbara skin artist Pat Fish regarding tattoo disclaimers amused New York attorney and tattoo-muse Marisa Kakoulas, writing at BM Ezine (“Waivers and Releases for Tattoo and Piercing Studios”, Feb. 27). And Best’s Review, the insurance industry publication, quoted me a while back commenting on the U.S. Supreme Court’s refusal to hear an appeal in a punitive damages case involving State Farm (R.J. Lehmann, “Briefing: Supreme Court puts State Farm case to rest”, Nov. 1, subscriber-only).