Posts Tagged ‘discovery’

July 27 roundup

  • Dodd-Frank major oops: Faced with new liabilities, agencies refuse to let their ratings be used in bond issuance [WaPo, Salmon] SEC scurries to suspend requirement for six months while it figures out what to do [Salmon]
  • Left-leaning law lectern: study of newly hired lawprofs identifies 52 liberals, 8 conservatives [Caron, ABA Journal, Lindgren/Volokh]
  • “Progress in protecting gripe site owners against silly trademark claims” [Levy, CL&P]
  • “Congress Investigates Beck, Ingraham Advertisers” [Stoll]
  • “Uncle Sam Kicks Out Legal Immigrants for Down Profits in Recession” [Shapiro, Cato]
  • Judge punishes Goodyear for discovery heel-dragging by denying it chance to disprove liability in $32M case [Las Vegas Sun]
  • “$2.3M verdict against Dole thrown out on fraud grounds” [PoL, background]
  • Paul Campos vs. Elena Kagan: this time it’s personal [Lawyers Guns & Money]

July 23 roundup

June 18 roundup

  • “When the country went cold turkey”: Tyler Cowen reviews Last Call, Daniel Okrent’s history of Prohibition [Business Week]
  • Phrases never to put in email, e.g., “We Probably Shouldn’t Put This in Email” [Balasubramani, SpamNotes]
  • “My biggest wish was that I would get a cease and desist from the company that publishes Marmaduke” [Walker, Reason “Hit and Run”]
  • California proposal to jail parents for kids’ truancy [Valerie Strauss/WaPo via Alkon] Parents arrested on charges of forging doctor sick note to excuse third grader [Glenn Reynolds, Dan Riehl]
  • UK judge: NHS need not fund transsexual’s breast enlargement [Mail]
  • “Charitable Foundation Leader Alarmed by Government Intrusions into Philanthropy” [WLF Legal Pulse]
  • Missed earlier: “Stalking Victims’ Duty to Warn Employees, Lovers, Visitors, and Others?” [Volokh]
  • “Overturning Iqbal and Twombly Would Encourage Frivolous Litigation” [Darpana Sheth, Insider Online]

Jerman v. Carlisle

Reader John B. alerts us: “If you haven’t already seen it, there’s excellent Overlawyered-type rhetoric from Justice Kennedy in Monday’s Supreme Court opinion on debt collectors’ liability under federal statutory law. Unfortunately it’s in the dissent (PDF).”

Wrote Kennedy:

[The Court’s decision today] aligns the judicial system with those who would use litigation to enrich themselves at the expense of attorneys who strictly follow and adhere to professional and ethical standards.

When the law is used to punish good-faith mistakes; when adopting reasonable safeguards is not enough to avoid liability; when the costs of discovery and litigation are used to force settlement even absent fault or injury; when class-action suits transform technical legal violations into windfalls for plaintiffs or their attorneys, the Court, by failing to adopt a reasonable interpretation to counter these excesses, risks compromising its own institutional responsibility to ensure a workable and just litigation system.

AP on Toyota legal “stonewalling”

Is the Japanese company super-extra-resistant to discovery demands, or is it just behaving the way other automakers would, backed up by a Japanese legal environment that is less oriented than ours toward compulsory disclosure-on-demand managed by hostile lawyers? Michael Fumento: “it’s clear from the article that the ‘experts’ upon whom the journalists relied aren’t just lawyers, aren’t just trial lawyers, but are trial lawyers suing Toyota.”

January 18 roundup