Posts Tagged ‘Manhattan Institute’

Risks of honest job references

“Fired workers are on a winning streak with lawsuits against their former employers — but not for being terminated. For being defamed. Juries are awarding millions of dollars in damages to terminated workers who claim their former bosses libeled them through a bad reference.” Scott Witlin, a partner with Proskauer Rose LLP, among the most prominent law firms on the management side, is blunt. “We advise our clients that the safest course is to confirm someone worked there and the dates of employment,” says Witlin. “That’s it.” (Maggie Mulvihill, “At the Bar: Suits target ex-employers for defaming”, Boston Herald, Jul. 29).

The phenomenon of reference-chill is by no means a new one, of course, dating back to the Eighties, but defenders of the litigation system have made occasional efforts to deny it: a 1997 article in U.S. News, for example, breezily dismissed as “myth” the view that “Providing references for a former employee is asking for legal trouble”. (Amy Saltzman, “Suppose They Sue”, U.S. News, Sept. 22, 1997, reprinted at Manhattan Institute site).

Filed under: libel slander and defamation, Manhattan Institute, workplace

Class action firm subject to judgment

A federal jury in Chicago awarded $36 million ($8.3 million compensatory, the rest punitive) to the former client of class action plaintiffs’ firm Ness, Motley for breach of contract and fiduciary duty. The law firm negotiated a settlement (over the objection of its clients, which it fired at the behest of the defendant) with a convicted felon with tens of millions in frozen assets that gave the firm $2 million in fees, but “next to no compensation” for the ostensible injured parties. (Ness, Motley has since broken up.) (Adam Liptak, “Big Litigation Firm Found to Have Acted Unethically,” NY Times, July 4). The Manhattan Institute issued a press release and a study of the case last August.

Filed under: class actions, ethics, Manhattan Institute, Motley Rice

Investors’ Business Daily interviews our editor.

Now at a stable URL, last Friday’s interview mostly concentrated on our editor’s new book The Rule of Lawyers (David Isaac (interviewer), “Frivolous Lawsuits Creating New Power Class — Lawyers”, Jun. 13, reprinted at Manhattan Institute site).

Filed under: interviewed, Manhattan Institute, The Rule of Lawyers

Archived pharmaceutical and vaccine items, pre-June 2003

Archived entries before July 2003 can also be found here (pharmaceuticals) and here (vaccines).

Pharmaceuticals, 2003: “‘Diet drug litigation leads to fat fees’” (fen-phen, ephedra), May 30-Jun. 1; “Courtroom assault on drugmakers“, May 27; “Mississippi investigation heats up“, May 7; “Jury clears Bayer in cholesterol-drug case“, Mar. 19; “New Medicare drug benefit? Link it to product liability reform“, Mar. 10-11. 2002: “Fen-phen settlement abuses: the plot thickens“, Sept. 27-29 (& Dec. 16-17, 2002, Feb. 25-26, 2002, Dec. 28, 2001, Aug. 18, 1999); “Ignominious wind-down to Norplant campaign“, Sept. 9-10 (& Aug. 11 & Aug. 27, 1999); “You mean I’m suing that nice doctor?” (Propulsid), Aug. 1 (& see Sept. 6-8); “‘Tampa Taliban’ mom blames acne drug“, Apr. 18 (& Feb. 1-3); “Pharmaceutical roundup” (fen-phen, contraceptive Pill, Viagra, psychiatric drugs), Apr. 16-17; “‘Can pain treatment survive our addiction to law?’” (OxyContin), Apr. 10 (& Aug. 27, May 30, Jan. 23-24, 2002, Aug. 7-8, July 25, 2001)(& letter to the editor, Apr. 11); “Omit a peripheral defendant, get sued for legal malpractice” (tetracycline), Feb. 15-17; “‘Companies may be liable for drugs used in rapes’“, Jan. 25-27. 2001: “Texas jury clears drugmaker in first Rezulin case“, Dec. 19 (& update Jan. 9-10, 2002: it loses second trial); “For client-chasers, daytime TV gets results“, Dec. 18; “Bioterror unpreparedness“, Nov. 28; “Cipro side effects? Sue!“, Nov. 1; “Suit blames drugmaker for Columbine“, Oct. 24-25; “‘Plaintiff’s lawyers going on defense’” (Scruggs represents Sulzer Orthopedics), Oct. 9; “Propulsid verdict; ‘Robbery on Highway 61’“, Oct. 1; “Antidepressant blamed for killing spree” (Paxil), June 13; “Mississippi’s forum-shopping capital” (Fayette), May 4-6 (& see June 22-24 (Amity Shlaes)); “Anti-Ritalin lawyers still acting out“, Apr. 13-15 (& Sept. 18, Sept. 22-24, 2000); “Target: Alka-Seltzer” (PPA), Apr. 6-8 (& see Sept. 10); “The malaria drug made him do it“, Mar. 28. 2000: “Turn of the screw” (pedicle screw lawsuits), Oct. 24 (& see “Fee fights“, Aug. 2, 2001); “‘Controversial drug makes a comeback’” (Bendectin may be reintroduced in U.S.), Sept. 27-28 (& July 21, 1999); “Australian roundup” (Copper-7 IUD), Sept. 6-7; “‘Lilly’s legal strategy disarmed Prozac lawyers’“, May 8. 1999: “World according to Ron Motley” (drugmakers among next targets of earth’s richest lawyer), Nov. 1; “Rhode Island A.G.: let’s do latex gloves next“, Oct. 26.

Breast implants, 2002: “Pharmaceutical roundup” (silicone implants popular in Canada), Apr. 16-17. 2001: “Fee fights“, Aug. 2. 2000: “O’Quinn a top Gore recount angel“, Dec. 15-17; “‘Hush — good news on silicone’“, Nov. 29; “No breast cancer link“, Oct. 23; “From our mail sack: hyperactive lawyers“, Sept. 22-24; Feds file Medicare recoupment lawsuit over silicone implants“, April 6; “Study shows breast implants pose little risk“, March 20. 1999: “No spotlight on me, thanks” (John O’Quinn obtains gag order against lawyers for dissatisfied clients), August 4; “Never saying you’re sorry”, July 2.

Vaccines: “Trial lawyers vs. thimerosal“, Dec. 20-22, 2002 (& Jun. 18-19, 2003); “Vaccine industry perennially in court“, Nov. 7-8, 2001; “Lawsuit fears slow bioterror vaccines“, Oct. 22; “Study: DPT and MMR vaccines not linked to brain injury“, Aug. 31-Sept. 2, 2001; “Vaccine compensation and its discontents“, Nov. 13, 2000.

Other links: Breast implants:

Gina Kolata, “Panel Confirms No Major Illness Tied To Breast Implants”, New York Times, June 21, 1999.

National Institute of Medicine 1999 study

Reason magazine “Breaking Issues”

Food and Drug Administration update

Breast Implant Litigation Page (Prof. David Bernstein, George Mason U.)

Marcia Angell, “Science on Trial: Medical Evidence and the Law in the Breast Implant Case“, Manhattan Institute Civil Justice Memo, August 1996.

Walter Olson, review of Marcia Angell, “Science on Trial” (National Review, November 11, 1996)

Other links: Contraceptives:

Marc Arkin, “Products Liability and the Threat to Contraception” (Manhattan Institute Civil Justice Memo, February 1999).

Filed under: Australia, fen-phen, John O'Quinn, Manhattan Institute, Mississippi, product liability, Rhode Island, silicone breast implants, vaccines

Archived environment items, pre-July 2003

See separate entries for archived entries on animal rights and mold.

Wildlife management, species protection, 2003: “U.K. roundup” (licensing of exotic pet fish), Jun. 12-15. 2001: “False trail of missing lynx“, Dec. 18; “Pricing out the human species“, Aug. 22-23; “Stories that got away“, Jul. 23; “Bush’s environmental centrism“, Apr. 24. 2000: “Endangered list“, Dec. 4; “Snakes’ rights not always paramount” (man killed snake in self-defense), Aug. 18-20; “‘Imperfect laws add to danger of perfect storms’“, Aug. 10. 1999: “Property owners obliged to host rattlesnakes“, Oct. 12; “Knock him over with a feather” (migratory bird contraband laws), Sept. 11; “Mow’ better ADA claims” (claim of “exotic prairie plants” by resident who didn’t want to mow her lawn), Jul. 26.

“Bounty-hunting in New Jersey“, Jun. 10-11, 2003.

“‘State is suing ex-dry cleaners’” (Calif., Superfund), May 27, 2003.

“Suing ’til the cows come home“, May 20, 2003.

“U.K. roundup” (global warming suits), Jun. 12-15, 2003; “Tort suits over global warming“, Feb. 6-9, 2003; “Global warming suit?“, Jul. 31, 2001 (& Aug. 10-12); “Plus extra damages for having argued with us“, Aug. 19, 1999.

“California’s hazardous holiday” (fireplaces), Dec. 27-29, 2002; “Chestnuts-roasting menace averted“, Dec. 24-27, 2001; “Put out that match” (agricultural burning, residential wood burning), Feb. 28-Mar. 1, 2001.

“Right to know” laws, 2002: “California’s hazardous holiday” (acrylamide), Dec. 27-29; “‘Lawyers who sue to settle’“, Nov. 4-5; “Chocolate, gas-pump fumes, playground sand and so much more“, Oct. 15; “‘Greedy or Just Green’“, Mar. 13-14. 2001: “There’ll always be a California” (chocolate and Prop 65), Dec. 4; Letter to the editor (lutefisk exempted from toxic-substance status in Wisconsin), Nov. 29; “Be somewhat less afraid” (nuclear plant terrorism), Nov. 30-Dec. 2; “‘U.S. Debates Info on Chemical Hazards’” (“right to know” and terrorism), Nov. 12; “Chemical-plant vulnerabilities: read all about them“, Oct. 1. 1999: “Lockyer vs. keys” (California attorney general declares brass a toxic hazard), Nov. 2.

“How much did you say that Indian legend was worth?“, Sept. 25-26, 2002; “Final innings for Kennewick Man“, Sept. 27-28, 2000; “Free Kennewick Man!” (pre-Columbian remains), Oct. 11, 1999.

Low exposures, 2002: “A breast-cancer myth“, Sept. 3-4; “‘Unharmed woman awarded $104,000’” (Canada), May 6. 2001: “There’ll always be a California” (chocolate and Prop 65), Dec. 4; “‘Incense link to cancer’“, Aug. 27-28; “‘Candles might be polluting your home, EPA says’“, Jun. 19; “While you were out: the carbonless paper crusade“, Apr. 25 (& letter to the editor, May 18); “Hunter sues store over camouflage mask“, Jan. 12-14. 2000: “‘Airbag chemical on trial’“, Aug. 14; “Multiple chemical sensitivity from school construction“, Jul. 3-4; “Feelings of nausea? Get in line” (Baton Rouge chemical spill), Jan. 26-27. 1999: “Lockyer vs. keys” (California attorney general declares brass a toxic hazard), Nov. 2.

Zoning, land use, 2002: “How much did you say that Indian legend was worth?“, Sept. 25-26; “‘Preserving’ History at Bayonet Point“, Feb. 15-17; “Planners tie up land for twenty years“, Jan. 18-20. 2001: “Columnist-fest” (John Tierney on NYC battle over IKEA site), May 25-27; “Lessons of shrub-case jailing“, May 17; “Perils of regulatory discretion“, Jan. 24-25. 2000: “Cornfield maze as zoning violation“, Oct. 30. 1999: “Great moments in zoning law” (rescued pets from storm, charged with running unlawful animal shelter), Nov. 22.

“Mercury in dental fillings“, Jul. 16-17, 2002 (& Nov. 4-5, 2002).

“Going to blazes” (logging and Western fires), Jul. 1-2, 2002; “Credibility up in smoke?” (same), Jul. 12-14, 2002; letter to the editor, Oct. 23.

Industrial farming: “‘Tampa Judge Tosses Out Class-Action Suit Against Hog Company’“, Jul. 3-9, 2002; “RFK Jr. blasted for hog farm remarks“, Apr. 15, 2002 (& Apr. 17, Apr. 19-21, letter to the editor and editor’s response, Apr. 19); “Chickens are next“, Feb. 6-7, 2002; “Judge throws out hog farm suit“, May 7, 2001; “Trial lawyers vs. hog farms“, Dec. 7, 2000; “This little piggy got taken to court“, Sept. 12, 2000; “Not so high off the hog“, Oct. 4, 1999.

“‘San Francisco Verdict Bodes Ill for Oil Industry’“, Jun. 11-12, 2002.

“‘Legal fight over chemical spill ends with whimper’” (W.V.), Jun. 7-9, 2002.

“Flowers, perfume in airline cabins not OK?” (Canada), May 17-19, 2002; “Scented hair gel, deodorant could mean jail time for Canadian youth“, Apr. 24, 2000.

“The mystery of the transgenic corn“, May 14-15, 2002.

“Erin Brockovich”, 2002: “‘Erin Brockovich, the Brand’“, Apr. 29-30. 2001: “Exxon Brockovich vs. Erin Valdez“, Nov. 15; “NBC mulls Brockovich talk show“, Nov. 6, 2001; “Brockovich a heroine? Julia really can act“, Mar. 23-25. 2000: “Errin’ Brockovich?“, Dec. 21, 2000; “‘All about Erin’“, Oct. 12; “More woes for ‘Brockovich’ lawyers“, Jun. 22-25; “Brockovich story, cont’d: the judges’ cruise“, Apr. 18; Brockovich story breaks wide open“, Apr. 17; “Plume of controversy“, Apr. 14-16; “Hollywood special“, Mar. 30. 1999: “A Civil Action II?“, July 7.

Trial lawyer/enviro alliance? “RFK Jr. blasted for hog farm remarks“, Apr. 15, 2002 (& Apr. 17, Apr. 19-21, letter to the editor and editor’s response, Apr. 19); “‘Working’ for whom?” (Environmental Working Group), May 23, 2001; “Judge throws out hog farm suit“, May 7, 2001; “‘Bogus’ assault on Norton“, Jan. 18, 2001; “Trial lawyers vs. hog farms“, Dec. 7, 2000.

“‘Former clients sue attorney O’Quinn’” (Kennedy Heights case), Apr. 8-9, 2002.

“Arsenic: one last dose?“, Mar. 22-24, 2002; “The view from Arsenictown“, Sept. 11, 2001; “‘The arithmetic of arsenic’“, Aug. 17-19; “Bush’s environmental centrism“, April 24; “Tempest in an arsenic-laced teacup?“, Apr. 18; “‘Bogus’ assault on Norton“, Jan. 18; “The Times vs. Gale Norton“, Jan. 15; “Ecology and economy“, Jan. 5-7, 2001.

“Liability concerns fell giant sequoia“, Mar. 12, 2002.

“Environmental lawsuits vs. military readiness“, Jan. 2-3, 2002.

“Overlawyered schools roundup” (environmental impact statement for teacher layoffs?), Dec. 7-9, 2001.

“Infectious disease conquered, CDC now chases sprawl“, Nov. 9-11, 2001.

“States lag in curbing junk science“, May 29, 2001.

“‘Family awarded $1 billion in lawsuit’” (Louisiana land contamination), May 24, 2001.

“Prospect of $3 gas“, May 10, 2001.

Who needs power anyway?: “Sweetness and light from Bill Lockyer“, Jun. 1-3, 2001 (& see June 8-10, June 22-24); “California electricity linkfest“, Mar. 26, 2001; “Brownout, Shivers & Dim, attorneys at law“, Oct. 11, 2000; “Worse than Y2K?” (EPA/DOJ suit against coal-burning utility plants), Nov. 18-19, 1999.

“Seventh Circuit rebukes EPA” (Superfund search and seizure), Apr. 23, 2001.

Attorneys’ fees: “Stories that got away” (Endangered Species Act suits), Jul. 23, 2001; “Losers should pay” (columnist Thomas Sowell; injunctions, bonding requirements), Aug. 4-7, 2000; “Marbled Murrelet v. Babbitt: heads I win, tails let’s call it even” (“one-way” fee shifts), Sept. 8, 1999 (& see National Law Journal, Dec. 14, 1999).

“Enviro litigator: debate belongs in Congress, not courts“, Dec. 29, 2000-Jan. 2, 2001.

“Federal power over mud puddles?” (wetlands case), Nov. 28, 2000.

“From the evergreen file: cancer alley a myth?“, Nov. 8, 2000.

“‘A Civil Action’ and Hollywood views of lawyers“, Jun. 20, 2000.

“Don’t cooperate” (lawyers’ advice re local health survey), Jun. 9-11, 2000.

“EPA’s high courtroom loss rate“, May 26-29, 2000; “When agencies like getting sued“, Dec. 6, 1999.

“After the great power-line panic“, May 24, 2000; “Another scare starts to fizzle” (endocrine disrupters), Aug. 19, 1999.

“This side of parodies” (“dihydrogen monoxide” parody), May 10, 2000.

“Diapered wildlife?” (animal emissions as environmental problem), Apr. 10, 2000; “Backyard trash burning” (suspected as major dioxin source), Jan. 6, 2000.

“Emerging campaign issue: ‘brownfields’ vs. Superfund lawyers“, Apr. 4, 2000; “Mayors: liability fears stalling ‘brownfields’ development“, Feb. 26-27, 2000.

“Lawyers for famine and wilderness-busting?” (anti-biotech), Jan. 3, 1999.

“Weekend reading: evergreens” (Race car great Bobby Unser’s snowmobiling rap), Dec. 3-5, 1999.

“Leave that mildew alone” (EPA considers mildew-proof paint to be pesticide), Nov. 30, 1999.

“Flag-burning protest requires environmental permits” (one for smoke, one for fire), Nov. 3, 1999.

“A mile wide and an inch deep” (EPA considers Platte River impaired because sun heats it up), Oct. 15, 1999.

“Careful what you tell your lawyer” (feds demand waiver of lawyer-client confidentiality in environmental cases), Sept. 14, 1999; “Overlawyered skies not always safer” (environmental audits and other “self-critical analysis”), Jul. 19, 1999.

“Tainted cycle” (class action over infectious bacterium in Milwaukee water supply), Sept. 2, 1999.

Articles by Overlawyered.com editor Walter Olson:

“Hollywood vs. the Truth” (“Civil Action” movie), Wall Street Journal, December 23, 1998.

“Don’t Steal This Book“, review of Property Matters by James DeLong, Wall Street Journal, April 2, 1997 (property rights).

“Lawyers with Stethoscopes: Clients Beware“, Manhattan Institute Civil Justice Memo # 26, June 1996.

Filed under: acrylamide, animal rights, attorneys general, Bill Lockyer, Canada, environment, Erin Brockovich, Exxon, global warming, Louisiana, Manhattan Institute, New Jersey, Prop 65, Robert F. Kennedy Jr., Superfund, Wisconsin

Archived legal ethics items, pre-July 2003

Bar discipline and client protection, 2003: “Probate’s misplaced trust” (Washington Post series), Jun. 16-17. 2002: “Crumbs from the table“, Feb. 8-10. 2001: “Law firm sued over fen-phen settlement practices“, Dec. 28; “Updates” (IOLTA), Dec. 15-16 (& Jan. 31); “Holiday special” (Canadian lawyer’s misconduct), May 28; “Mills of legal discipline” (updates on Brock, Hager, Fieger cases), Mar. 3; “Dangers of complaining about lawyers” (Ga. considers easing defamation counter-complaints by lawyers), Mar. 30-Apr. 1. 2000: “‘Judge Lenient With Perjurer, Cites Clinton Case’“, Oct. 16-17 (& May 16); “Disbarred, with an asterisk” (Mass. has let many attorneys resume practice), Sept. 20; “Funds that don’t protect” (client protection funds), Aug. 23-24; “Fit to practice?” (California bar disciplinary board), Aug. 21-22; “That Hager case” (American U. law professor Mark Hager, settlement of Warner-Lambert Nix lice treatment case), Feb. 23 (& update May 3, 2001: board recommends three-year suspension).

“New legal ethics weblog” (ethicalEsq.?), Jun. 6-8, 2003.

Judicial conduct, 2003: “Year’s most injudicious judges” (NLJ roundup), May 6. 2002: “‘Federal authorities say judge offered illegal payoff’“, Sept. 3-4; “‘Privileged chambers’” (Albany Times-Union series), May 30; “‘Injudicious conduct’” (NLJ roundup), May 1-2; “La. officials seek oyster judge recusal“, Mar. 25-26; “So depressed he stole $300K“, Mar. 19. 2001: “‘Pseudologica fantastica’ won’t fly” (judge’s resum?ibs), June 7 (& update Aug. 20-21); “‘Judges behaving badly’” (NLJ roundup), May 11-13. 2000: “Year’s most injudicious judges“, Jun. 5, 2000; “Brockovich story, cont’d: the judges’ cruise“, Apr. 18; “New Hampshire high court blowup“, Apr. 5 (& updates Oct. 11: chief justice acquitted at impeachment; May 3, 2001); “The costs of disclosure” (Washington state, Grant Anderson case), Jan. 19.

“Class action lawyer takes $20 million from defendant’s side“, Mar. 15-16, 2003.

“Politico’s law associate suspended over ‘runner’ use” (Louisiana), Feb. 14-16, 2003.

Civility: “Law’s attraction for the bully“, Dec. 13-15, 2002; “‘Attorney Ordered To Pay Fees for “Rambo” Tactics’“, Oct. 5-7, 2001; “Mills of legal discipline” (Geoffrey Fieger tirade against judges), May 3, 2001 (& more on Fieger: Apr. 23-24, 2002, Sept. 14, 1999; “Another Mr. Civility nominee” (“dreck”, “scum”), June 2-4, 2000; “From the incivility frontier” (“gag a maggot off a meat wagon”, “proctology exam”), April 19; “Majesty of the law” (alleged threat to kill opposing counsel), March 13, 2000 (& update May 17: attorney sanctioned); “Bright future in some areas of practice” (“abusive, hostile” applicant for law license), Oct. 13, 1999 (update, Nov. 23).

“Race-bias cases gone wrong“, Jan. 24-26, 2003.

“Lawyers fret about bad image” (Fla. bar plans to rate and monitor tone of journalists’ coverage), Oct. 3, 2002.

“FTC cracks down on excessive legal fees“, Oct. 1-2, 2002.

“Second Circuit: we mean business about stopping frivolous securities suits” (scope of Rule 11), Aug. 29-Sept. 2, 2002.

“Lawyer’s 44-hour workday“, Jun. 28-30, 2002; “Charged $16,000 for brief he copied from book“, May 17-19, 2002; “Lending rules trip up litigation-finance firms“, Dec. 3, 2001; Letter to the editor (incremental billing disclosed?), Oct. 22, 2001; “Law-firm bill-padding? Say it isn’t so!“, Nov. 18, 1999.

“‘Student gets diploma after threatening lawsuit’“, Jun. 13, 2002.

Truth value, 2002: “Lying’s not nice, especially when representing the bar“, Jul. 30-31; “Columbia Law School survey on public attitude toward lawyers“, Apr. 26-28; “‘Ex-student sentenced for rape lie’” (wants to become attorney), Jan. 11-13 (& see May 26-29, 2000: Stephen Glass graduates Georgetown Law). 2001: Criminal defense attorneys, doing what they do best“, Dec. 15-16; “‘Lawyers pay price for cruel hoaxes’” (phony heir claims after plane crashes), Aug. 3-5; “‘Lie-tery winners’“, April 20-22. 2000: “What was the Florida court thinking?” (Boies-submitted affidavit), Dec. 11-12; “‘Judge Lenient With Perjurer, Cites Clinton Case’“, Oct. 16-17 (& May 16); “The judge wasn’t asleep” (sanctions for submission of dubious affidavits), June 14-15. 1999: “If true, then all the better” (excerpt from Campos, Jurismania), Dec. 3-5; and see witness coaching, below.

“‘”Little” done for firm, Rendell says’” (law firms provide no-show jobs for politicians), May 9, 2002.

“‘Former clients sue attorney O’Quinn’” (Kennedy Heights case), Apr. 8-9, 2002 (& Aug. 4, 1999).

“Gary & Co. shenanigans at Maris trial“, Apr. 1-2, 2002.

“Lawyers stage sham trial aimed at inculpating third party“, Mar. 22-24, 2002.

Disclosure: “Lending rules trip up litigation-finance firms“, Dec. 3, 2001; Letter to the editor (incremental billing disclosed?), Oct. 22, 2001; “Trial lawyers knew of tire failures, didn’t inform safety regulators“, June 25 (& June 28)(& letter to the editor, July 6); Letter to the editor (ghostwriting), June 13; “ABA’s toothless ethics proposals“, Jan. 17, 2001; “Contingency fee reform“, Nov. 1, 2000.

Contingent fees, 2001: “Lending rules trip up litigation-finance firms“, Dec. 3; “Red-light cameras“, Sept. 6, 2001; “‘The Louima millions’“, July 24; “The rest of Justice O’Connor’s speech“, July 6-8; “Evils of contingent-fee tax collection, cont’d“, May 30; “Reclaiming the tobacco loot“, March 15; “Hugh Rodham’s ‘success fee’“, Feb. 23-25; “Dangers of tax farming“, Jan. 10 (& letter to the editor, Jan. 16). 2000: “Contingency fee reform“, Nov. 1; “‘Lawyer take all’” (equity stakes in clients), Oct. 27-29. 1999: “Piece of the action” (contingent fees for public officials), Dec. 3-5; “Reform stirrings on public contingency fees“, Oct. 15.

Witness coaching, 2001: “GAF sues asbestos lawyers“, Feb. 12-13, 2001 (& see Dec. 10). 2000: “‘N.Y. lawyer charged in immigrant smuggling’“, Sept. 22-24; “Sunday’s Times on Fred Baron“, June 5 (& see “Thanks for the memories” by Walter Olson, Reason, June 1998 and subsequent letters exchange with William Hodes). 1999: “State of legal ethics” (hey, what’s wrong with witness coaching?), Sept. 9.

“‘The Great Mouthpiece’” (Manhattan’s Bill Fallon, 1920s), Dec. 28, 2001.

“‘Halliburton shares plunge on verdict’” (law-firm whistleblowing), Dec. 10, 2001.

“‘2d Circuit Upholds Sanctions Against Firms for Frivolous Securities Claims’“, July 23, 2001 (more on sanctions: Jul. 30-31, 2002).

“Estate law temptations“, July 6-8, 2001; “Lawyers charged with $4.7 million theft from clients“, April 10, 2000; “Lawyers stealing less, clients say“, Dec. 21, 1999.

“Lost his live client, had to substitute dead one instead“, April 11, 2001; “Turn of the screw” (lawyers alleged to have sued without client consent), Oct. 24, 2000; “Curious feature of lawyer’s retainer” (allowed him to settle case without client consent), Sept. 12, 2000.

“‘It’s time to disarm the hired guns’” (Arianna Huffington), Feb. 28-March 1, 2001; “Trustworthy professionals” (survey of public confidence), Dec. 11-12, 2000.

“Fed prosecutors chafe at state ethics rules“, Oct. 16-17, 2000.

“Lenzner: ‘I think what we do is practice law’” (private investigator in Oracle scandal), July 28-30, 2000.

“Access to something” (lawyer accused of working for Social Security Administration while helping clients sue it), July 13, 2000.

“Ready to handle your legal needs” (Stephen Glass graduates Georgetown Law), May 26-29, 2000.

“Steering the evidence” (DaimlerChrysler gets sanctions against lawyers for evidence and witness tampering), May 23, 2000 (& update June 26).

“‘Ad deal links Coke, lawyer in suit’” (Willie Gary, suing Coca-Cola on behalf of clients, enters into a lucrative ad deal with it), May 11, 2000.

“Splash of reality” (sanctions for frivolous litigation in case of claimed Jackson Pollock painting), May 4, 2000.

“Brockovich story, cont’d: the judges’ cruise“, April 18, 2000; “Brockovich story breaks wide open“, April 17, 2000 (& see Dec. 21).

“Majesty of the law” (Phila. attorney Marvin Barish could face sanctions for allegedly threatening to kill opposing counsel during trial break), March 13, 2000; “Relax, you’re being taken care of” (Barish advances injury client’s rent and expenses), Dec. 14, 1999.

“Legal ethics meet medical ethics” (lawyers advise schizophrenic murder defendant to go off his medication for trial), Feb. 26-27, 2000.

“Secrets of class action defense” (assisting cooperative opponent to draft complaint), Feb. 25, 2000.

“Watchdogs could use watching” (fee-splitting in Florida securities cases), Jan. 20, 2000.

“The costs of disclosure” (lawyer reveals misconduct by client, judge), Jan. 19, 2000; “Pack your toothbrush, son” (Ala. law-firm whistleblower), Dec. 20, 1999.

“Popular CLE course: ‘How to Hammer Allstate’” (insurer charged with unauthorized practice of law), Dec. 22, 1999 (update, April 18, 2000).

“Splitsville, N.Y.” (New York mag on divorce), Dec. 17-19, 1999.

“Victory in Florida” (plaintiffs deliberately run up gunmakers’ costs for leverage), Dec. 14, 1999.

“Weekend reading: evergreens” (St. Petersburg Times Pulitzer series on probate law), Dec. 3-5, 1999; “From the evergreen file: L.A. probate horror” (estate of art collector Fred Weisman), Nov. 20-21; “Weekend reading: evergreens” (Denver probate nightmare), Oct. 23-24, 1999.

“Class action fee control: it’s not just a good idea, it’s the law“, Nov. 30, 1999; “Class action coupon-clippers“, Nov. 15; “$49 million legal fee okayed in case where clients got nothing“, Sept. 28, 1999.

“Accommodating theft“, Nov. 11, 1999.

“Who loves trusts-and-estates lawyers?“, Nov. 8, 1999.

“Criticizing lawyers proves hazardous“, Nov. 4, 1999 (update, Nov. 30); “No spotlight on me, thanks” (Houston’s John O’Quinn), Aug. 4, 1999.

“State of legal ethics” (lawyers take out glossy ad to stir up will-contest litigation), Oct. 5-6, 1999.

“Weekend reading: evergreens” (lawyer-abetted accident fraud), Sept. 25-26, 1999; “Wages of wrongdoing” (Staten Island lawyers convicted), Sept. 8, 1999.

“Join our new Verdict Rewards program” (checks for jurors), Sept. 13, 1999 (updates, Sept. 17-19, 1999 and Aug. 4-7, 2000).

“Cook County law bills a secret“, Sept. 11-12, 1999.

“My lawyer is an impostor“, Sept. 3, 1999.

“ABA thinks it can discourage ‘pay-for-play’“, Aug. 11, 1999 (& Aug. 14-15 update).

“Like calling the Orkin man to talk about bugs” (ABA convention), Aug. 10, 1999; “Weekend reading” (ABA choice of speakers), Aug. 28-29, 1999.

“No need for speed“, Aug. 3, 1999.

“Weekend reading” (at execution sale, law firm buys up client’s right to sue it for malpractice), July 31-Aug. 1, 1999.

“Honey, you’ve got mail” (solicitations from divorce lawyers arrive before unsuspecting spouses know they’re being divorced), July 15, 1999.

Articles by Overlawyered.com editor Walter Olson:

“Thanks for the memories” (coaching of witnesses), June 1998 (& subsequent letters exchange with William Hodes)

“Tobacco Analysts Meet the Plaintiff’s Lawyers” (abuse of pretrial discovery), Wall Street Journal, August 30, 1995.

“Juries on Trial“, review of The Jury by Stephen J. Adler and We the Jury by Jeffrey Abramson, Reason, February 1995.

“Sue City: The Case Against the Contingency Fee“, excerpt from The Litigation Explosion, Policy Review, Winter 1991 [in two parts] [part one] [part two]

“Dentists, Bartenders, and Lawyer Unpopularity“, Manhattan Institute Civil Justice Memo #37, April 1999.

“Lawyers with Stethoscopes: Clients Beware“, Manhattan Institute Civil Justice Memo #26, June 1996.

“Taming the Litigators: Why Not More Disclosure?“, Manhattan Institute Civil Justice Memo #24, February 1996.

Codes of ethics:

ABA Center for Professional Responsibility
Overview — Rules of Lawyer Conduct
U.S. Judges Code of Conduct
California Rules of Professional Conduct
D.C. Rules of Professional Conduct

Some online articles of interest:

James McCauley, “The Ethics of Making Legal Services Affordable…” (Virginia bar; discusses unauthorized practice, pro se litigation)

Rep. Chris Cox, Testimony on tobacco settlement (1997)

Lawrence Schonbrun, “Class Actions: The New Ethical Frontier” (Manhattan Institute, 1996)

Filed under: Allstate, asbestos, Canada, Chrysler, Coca-Cola, contingent fee, Denver, divorce, ethics, fen-phen, Fred Baron, Geoffrey Fieger, Houston, John O'Quinn, libel slander and defamation, Louisiana, Manhattan Institute, New Hampshire, pro se, The Litigation Explosion, tobacco, tobacco settlement, Washington state, Willie Gary

Archived medical items, pre-July 2003

“Texas’s giant legal reform“, Jun. 18-19, 2003.

Malpractice suit crisis, 2003: “Letter to the editor“, Jun. 20-22; “Docs leaving their hometowns“, Jun. 12-15; “Juggling the stats“, Jun. 4-5; “Malpractice studies“, May 12; “Public Citizen’s bogus numbers“, Apr. 10-13; “Malpractice crisis hits sports-team docs” (& general roundup), Apr. 7-8; “Would you go into medicine again?“, Mar. 18; “‘Public deceit protects lawsuit abuse’“, Mar. 15-16; “One solution to the malpractice crunch“, Feb. 19; “Feinstein set to back Bush malpractice plan“, Feb. 12; “State of the Union“, Jan. 29; “Malpractice-cost trends“, Jan. 24-26; “ATLA’s hidden influence“, Jan. 21-22; “Playing chicken on malpractice reform“, Jan. 9; “‘Doctors strike over malpractice costs’” (W.Va., Pa.), Jan. 3-6. 2002: “Campaign roundup“, Nov. 4-5; “Pennsylvania House votes to curb venue-shopping“, Oct. 11-13; “Rumblings in Mississippi“, Oct. 9-10 (& Sept. 9-10); “Let ’em become CPAs“, Oct. 7-8; “Tour of the blogs“, Sept. 24; “You mean I’m suing that nice doctor?“, Aug. 1; “‘Bush urges malpractice damage limits’“, Jul. 29; “‘Trauma center reopens doors’“, Jul. 18; “Malpractice crisis latest” (Pa., Tex.), Jun. 11-12; “Sick in Mississippi? Keep driving“, Jun. 3-4 (& Apr. 5-7); “‘Rocketing liability rates squeeze medical schools’“, May 28-29; “‘The trials of John Edwards’“, May 20-21; “Ob/gyns warn of withdrawal“, May 17-19; “‘The Tort Mess’” (Forbes, etc.), May 13; “Texas doctors’ work stoppage“, Apr. 11 (& Mar. 15-17); “No more ANZAC Day marches?” (Australia), Apr. 1-2; “Scenes from a malpractice crisis“, Mar. 5; “Med-mal: should doctors strike?“, Jan. 21-22. 2001: “Soaring medical malpractice awards: now they tell us“, Sept. 11; “‘Valley doctors caught in “lawsuit war zone”‘“, May 3; “Pennsylvania MDs drop work today“, Apr. 24; “Philadelphia juries pummel doctors“, Jan. 24-25. 2000: “Trial lawyers’ clout in Albany“, Oct. 4; “Malpractice outlays on rise in Canada“, Oct. 2.

Ob/gyn, 2003: “Juggling the stats“, Jun. 4-5; “Malpractice studies“, May 12; “‘Edwards doesn’t tell whole story’“, Mar. 4 (& letter to the editor, Mar. 31); “‘Delivering Justice’“, Feb. 27. 2002: “Ob/gyns warn of withdrawal“, May 17-19 (& see Jun. 11-12); “‘Support case hinges on failed sterilization’” (Ind.), Apr. 26-28; “Med-mal: should doctors strike?“, Jan. 21-22. 2001: “Fleeing obstetrics, again“, Dec. 21-23; “‘Wrongful life’ comes to France“, Dec. 11 (& updates Jan. 9-10, May 20-21, Jul. 1-2, 2002); “Meet the ‘wrongful-birth’ bar“, Aug. 22-23 (& letter to the editor, Sept. 3; more on wrongful birth/life: Nov. 22-23, Sept. 8-10, June 8, May 9, Jan. 8-9, 2000); “Pennsylvania MDs drop work today“, April 24; “Caesarean rate headed back up“, Feb. 5. 2000: “Birth cameras not wanted“, Oct. 18; “Plastic surgeons must weigh patients’ state of mind, court says” (roundup: anti-abortion suits), Aug. 15. 1999: “‘Trial lawyers on trial’” (Norplant, etc.), Dec. 23-26; “‘Your perfect birth control…blocked?’“, Aug. 11 (Norplant) (& update Aug. 27; company to settle 36,000 suits); “Yes, this drug is missed” (hospital admissions for hyperemesis tripled after lawyers drove Bendectin off market), Jul. 21.

“Malpractice studies“, May 12, 2003; “Radiologists: sue them enough and they’ll go away“, Nov. 2, 2000 (& see Sept. 24, 2002).

Nursing homes, geriatrics, 2003: “Florida: ‘New clout of trial lawyers unnerves legislators’“, Mar. 20; “$12,000 a bed“, Mar. 19. 2001: “Soaring medical malpractice awards: now they tell us“, Sept. 11; “‘Doctor liable for not giving enough pain medicine’“, Jun. 15-17; “‘Nursing homes a gold mine for lawyers’“, Mar. 13-14. 2000: “‘Litigation grows in ailing nursing home industry’“, Jun. 20 (& see Mar. 2-4, 2001).

“Incoming link of the day“, Mar. 5-7, 2003.

Emergency medicine: “‘Trauma centers warn lives could be at risk’” (Orlando), Feb. 28-Mar. 2, 2003; “Ambulances, paramedics sued more“, Oct. 28-29, 2002; “Let ’em become CPAs“, Oct. 7-8; “Avoid having a medical emergency in Mississippi“, Apr. 5-7; “Scenes from a malpractice crisis” (closure of trauma centers), Mar. 5, 2002 (& see Jun. 11-12); “That’ll teach ’em” (Chicago EMS), Dec. 26-28, 2000; “Highway responsibility” (ambulance, hospital sued in Derrick Thomas crash), Nov. 28, 2000.

“The jury pool he faced“, Feb. 25, 2003.

“Take care of myself? That’s the doc’s job“, Feb. 14-16, 2003; “Claim: docs should have done more to help woman quit smoking and lose weight” (Pa.), Sept. 18-19, 2002.

“Medical mistakes” estimates, 2001: “Report: ‘medical errors’ study overblown“, July 27-29. 2000: “‘Report on medical errors called erroneous’“, July 11; “Medical mistakes, continued“, March 7; “‘Medical errors’ study“, Feb. 28; “Against medical advice” (Clinton proposals), Feb. 22 (& see malpractice law section below).

“Mercury in dental fillings“, Jul. 16-17, 2002 (& Nov. 4-5, 2002).

Psychiatry and allied fields, 2002: “‘Mom who drugged kids’ ice cream sues’“, Nov. 1-3; “‘Patient sues hospital for letting him out on night he killed’” (Australia, psychiatric case), Oct. 16-17; “‘After stabbing son, mom sues doctors’“, May 31-June 2; “Counseling center may face closure” (Okla.), May 24-26. 2000: “Killed his mother, now suing his psychiatrists“, Oct. 2; “Not my fault, I” (woman who murdered daughter sues psychiatrists), May 17; “Legal ethics meet medical ethics” (lawyers advise schizophrenic murder defendant to go off his medication for trial), Feb. 26-27 (update, Mar. 2: he’s reported to have punched a social worker twice since going off medication; Mar. 29: jury convicts him anyway); “Latest excuse syndromes” (“Internet intoxication”, etc.), Jan. 13-14; “Warn and be sued” (clinical psychologist loses confidentiality suit after warning of patient’s dangerousness), Jan. 12. 1999: “Doctor sues insurer, claims sex addiction“, Oct. 13; see also personal responsibility.

“Artificial hearts experimental? Who knew?“, Oct. 23, 2002.

“U.K.: ‘Dr. Botch’ sues hospital for wrongful dismissal“, Oct. 18-20, 2002; “Let them sue us!” (hospitals get sued if they withdraw privileges from questionable doctors), Mar. 23, 2000.

“Lawyers fret about bad image” (lawyers’ own poll finds public has much more confidence in doctors than in lawyers), Oct. 3, 2002.

“‘Patient pays price for suing over cold’” (U.K.), Sept. 20-22, 2002.

“‘Doctors hope fines will curb frivolous lawsuits’“, Sept. 6-8, 2002; “The doctor strikes back” (neurosurgeon countersues), June 14-15, 2000; “‘Truly egregious’ conduct” (court cites misconduct by attorney Geoffrey Fieger in suit against cardiologist), Sept. 14, 1999.

“Accident medicine”, 2002: “‘How to spot a personal injury mill’“, Aug. 19. 2001: “Lawyers (and docs) block cleanup of Gotham crash fraud“, April 2. 2000: “‘How do you fit 12 people in a 1983 Honda?’“, Aug. 23-25; “His wayward clients“, May 25; “Less suing = less suffering” (NEJM whiplash study), Apr. 24 (& update Jun. 26).

“‘The NFL vs. Everyone’” (medical privacy laws could restrict sports teams from commenting on players’ injuries), Jun. 13, 2002; “Promising areas for suits” (sports medicine), Dec. 7, 2000; “Doctor cleared in Lewis cardiac case“, May 15, 2000.

“‘Remove child before folding’” (AEI-Brookings study on defensive medicine), Jun. 5, 2002.

Managed care/HMOs, 2002: “‘Bad movie, bad public policy’” (John Q), Mar. 19; “Washington Post blasts HMO class actions“, Jan. 30-31. 2001: “Managed care bill: Do as we say…“, Sept. 7-9 (& Dec. 6, 1999); “Contrarian view on PBR“, Aug. 17-19; “Chapman, Broder, Kinsley on patients’ rights“, June 28; “Managed care debate“, June 26; “Columnist-fest” (Morton Kondracke), June 22-24; “Docs and Dems“, June 19; “Roundup“, May 21. 2000: “Patients’ Bill of Wrongs” (Richard Epstein), Oct. 27-29; “Fortune on Lerach“, Aug. 16-17; “Arm yourself for managed care debate“, April 20; “Employer-based health coverage in retreat?“, March 31-April 2. 1999: “Weekend reading: columnist-fest” (John McCarron), Dec. 11-12; “Actions without class” (Wash. Post editorial: “extortion racket”), Dec. 2; “Who’s afraid of Dickie Scruggs?“, Dec. 2; “Aetna chairman disrespects Scruggs“, Nov. 18-19; “World according to Ron Motley” (world’s richest lawyer plans to sue HMOs, nursing homes, drugmakers), Nov. 1; “Deal with us or we’ll tank your stock” (managed care stock prices plunge), Oct. 21; “‘Health care horror stories are compelling but one-sided’“, Oct. 16-17; “After the HMO barbecue“, Oct. 12; “Power attracts power” (Boies joins anti-HMO effort), Sept. 30; “Impending assault on HMOs“, Sept. 30; “Rude questions to ask your doctor” (why are you helping trial lawyers make it easier to sue health plans?), Sept. 4-6; “From the fourth branch, an ultimatum” (leading trial lawyer vows to “dismantle” managed care), July 16.

“Hospital rapist sues hospital“, May 22-23, 2002 (& Mar. 5-7, 2003: court dismisses case).

“Bush’s big mistake on mental health coverage“, May 13, 2002.

“‘Big government ruined my long weekend’” (tide-over weekend prescribing), May 7, 2002.

“Lawyers stage sham trial aimed at inculpating third party“, Mar. 22-24, 2002.

“All things sentimental and recoverable” (veterinarians), Jan. 30-31, 2002.

Public health follies: “Infectious disease conquered, CDC now chases sprawl“, Nov. 9-11, 2001; “Letter to the editor” (activist doctors vs. gun ownership), May 18, 2001; “‘P.C., M.D.’“, Feb. 23-25, 2001.

“Bioterrorism preparedness” (laws hobble hospitals), Oct. 30, 2001.

“Letter to the editor“, Sept. 3, 2001 (can/should doctors avoid lawyers as patients?) (responses, Oct. 22).

“Clinical trials besieged“, Aug. 27-28, 2001; “Bioethicist as defendant” (Arthur Caplan, Jesse Gelsinger case), Oct. 6-9, 2000.

“‘Doctor liable for not giving enough pain medicine’“, Jun. 15-17, 2001.

“The unconflicted Prof. Daynard” (British Medical Journal and tobacco lawyer), April 21-23, 2000 (& update: letters, Jan. 2001, June 2001).

“To destroy a doctor” (lawyer’s campaign against laparoscopic surgeons), June 6, 2001.

“Mommy, can I grow up to be an informant?“, July 30, 2001; “A case of meta-False Claims” (overzealous prosecution of hospitals), Sept. 9, 1999.

“Updates” (Lawyers’ cameras in trauma ward), Dec. 26-28, 2000 (& Oct. 18).

“Promising areas for suits” (laser eye surgery), Dec. 7, 2000.

Plastic surgery: “Plastic surgeons must weigh patients’ state of mind, court says“, Aug. 15, 2000 (& June 11, 2001: she loses); “Strippers in court“, Jan. 28, 2000; “No spotlight on me, thanks” (leading breast-implant lawyer obtains gag order against lawyers for dissatisfied clients), August 4, 1999; “Never saying you’re sorry” (implants), July 2, 1999.

“Turn of the screw” (pedicle screw lawsuits), Oct. 24, 2000.

“Disabled rights roundup” (obligatory sign interpreters at doctor’s offices), Sept. 29-Oct. 1, 2000; “From our mail sack: ADA enforcement vignettes” (interpreters, guide dog allergy case), May 31, 2000.

“Embarrassing Lawsuit Hall of Fame” (intimate injury; misdiagnosis charge), Aug. 14, 2000.

“Senator Lieberman: a sampler” (cost of defensive medicine), Aug. 8-9, 2000.

“And don’t say ‘I’m sorry’” (nurse’s first-person account), June 21, 2000.

“Can’t sue over affair with doctor” (court rules it was consensual), June 13, 2000.

“Jumped ahead, by court order” (residency), May 31, 2000.

“‘Case’s outcome may spur more lawsuits’” (Mississippi fen-phen trial), Dec. 10, 1999; “‘Dieters still want fen-phen’“, August 18, 1999.

“Rhode Island A.G.: let’s do latex gloves next“, Oct. 26, 1999.

“Michigan high court upholds malpractice reform“, August 6, 1999.

Other resources on medicine and litigation:

Good general links pages on health law are provided by the St. Louis University Center for Health Law Studies and by the whimsically named but highly useful Health Hippo.

The Litigation Explosion, the 1991 book by Overlawyered.com editor Walter Olson, was excerpted in two parts by Medical Economics [part one] [part two]

Marc Arkin, “Products Liability and the Threat to Contraception” (Manhattan Institute Civil Justice Memo, February 1999).

L. William Luria, M.D., and Dennis G. Agliano, M.D., “Abusive Medical Testimony: Toward Peer Review“, describes efforts under way in Hillsborough County, Florida, to apply principles of peer review to the control of irresponsible or unqualified forensic testimony by medical professionals.

Walter Olson, “Lawyers with Stethoscopes: Clients Beware” (Manhattan Institute Civil Justice Memo, 1996) (abusive litigation is also bad for the medical prognosis of claimants)

Breast implants: see separate page

Vaccines:

Health Hippo vaccines section.

Peter Huber, “Dan Quayle, the Lawyers and the AIDS Babies“, Forbes, October 28, 1991 (liability and an AIDS vaccine).

Peter Huber, “Health, Death, and Economics“, Forbes, May 10, 1993 (“investment in vaccines remains far lower than it should be, given the huge benefits that vaccines provide”)

Walter Olson, “California Counts the Costs of Lawsuit Mania“, Wall Street Journal, June 3, 1992 (liability slowing research on AIDS vaccine).

Malpractice law:

Daniel Kessler and Mark McClellan of Stanford won the Kenneth Arrow Award in Health Economics in 1997 for their article “Do Doctors Practice Defensive Medicine?”, which “found that when states reformed malpractice laws to put caps on damages for pain and suffering, or to eliminate punitive damages, hospital expenditures for heart disease patients were reduced by about 5 percent, yet did not leave the patients with worse health outcomes.”

Richard Anderson, M.D., “An ‘Epidemic’ of Medical Malpractice? A Commentary on the Harvard Medical Practice Study“, Manhattan Institute Civil Justice Memo, July 1996 (shortcomings of famous study of medical care in New York hospitals).

Forbes columns by Peter Huber on the issue include “Malpractice Law: A Defective Product” (1990) and “Rx: Radical Lawyerectomy” and “Easy Lawsuits Make Bad Medicine” (1997).

Walter Olson, “A Story That Doesn?t Have a Leg To Stand On,” Wall Street Journal, March 27, 1995 (the famous “wrong-leg amputation” case).

In 1993, in a paper given at the annual meeting of the Association for Health Services Research, Daniel Mendelson and Robert Rubin estimated that defensive medicine practices in three areas alone — pre-surgical testing, fetal monitoring and skull x-rays — probably exceeded $2 billion a year, and estimated likely savings from “aggressive malpractice reform” at more than twice that amount. Perhaps in contrast (or perhaps not), a 1995 study of obstetrics in Washington state by L. Baldwin et al found no differences in practice between doctors who had been named in suits and those who had not. And Mark Hauser et al, “Fear of Malpractice Liability and its Role in Clinical Decision-Making” studied doctors’ reaction to hypothetical cases in which a patient’s file did or did not reveal a history of having sued physicians. They found that in cases where an earlier suit had been reported the doctors were modestly more likely to call in other doctors, to recommend hospital admission, to document a case “by the book” rather than rely on judgment, and to predict a bad outcome. Surprisingly, they did not order more tests or withdraw from cases more often when informed that a patient had a record of suing. The Hauser paper notes one possible cost of an over-hasty resort to hospitalization: “In psychiatry a defensive response might include a needlessly low threshold for involuntary hospitalization, where the patient’s liberty and autonomy are, in essence, sacrificed in favor of conservative practice for the sake of self-protection.”

The Michigan law firm of Garan, Lucow, Miller & Seward, P.C., which has a specialty in medical malpractice defense, maintains a comprehensive links page of resources in the field.

Among reform groups, the Health Care Liability Alliance is a nationwide advocacy group whose website offers a variety of useful materials on the case for lawsuit reform. Californians Allied for Patient Protection defends the Golden State’s MICRA limits on malpractice liability. CLYSIS is a Minnesota group working for medical liability reform. State medical societies, such as the Medical Society of the State of New York, often maintain law-related information at their websites.

Filed under: Australia, Bill Lerach, Dickie Scruggs, fen-phen, France, Geoffrey Fieger, hospitals, John Edwards, Manhattan Institute, medical, Michigan, Minnesota, Mississippi, nursing home, obstetric, Pennsylvania, Philadelphia, Public Citizen, Rhode Island, Richard Daynard, Richard Epstein, The Litigation Explosion, tobacco, vaccines, Washington state, wrongful birth and wrongful life

About this site

Overlawyered.com explores an American legal system that too often turns litigation into a weapon against guilty and innocent alike, erodes individual responsibility, rewards sharp practice, enriches its participants at the public’s expense, and resists even modest efforts at reform and accountability.

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Overlawyered is written by Walter Olson, a senior fellow at the Manhattan Institute and author of several books about the U.S. litigation system, Ted Frank, a resident fellow at the American Enterprise Institute who directs its Liability Project (and formerly a practicing lawyer with the large law firm O’Melveny & Myers), and David Nieporent, a practicing lawyer in New Jersey. The site is not affiliated with any of these organizations and reflects only its authors’ views.

Walter Olson: editor – at – [this domain name]
Ted Frank: tedfrank – at – gmail – dot – com
David Nieporent: conclusions -at – oobleck – dot – com

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A (somewhat out-of-date) discussion of the site’s format, which may be useful for visitors interested in searching and linking our archives, is here.

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The following is a version [updated to December 2006] of a statement explaining the site posted in its early days:

This site got its start in July 1999 after I decided that the Web had gone for too long without an attempt to collect, annotate and present in a (somewhat) systematic way the growing quantity of online material documenting the need for reform of the American civil justice system. For some time previously I’d built up a personal website housing a large collection of my own writings on litigation and other issues. At the same time, for my own research needs, I was building an ever-growing library of pointers to links and resources, authors and news sources on the state of the justice system. Why not put that library online to help others interested in the same issues?

The growing traffic on the site since then has made it evident that there is a wide audience in America and around the world for the site’s mix of serious and entertaining commentary on the frequently overreaching consequences of American law. For a sampling of the many nice things said about us, check our accolades page.

Overlawyered.com is not published by, and should not be seen as reflecting the views of, any wider organization (including the Manhattan Institute and American Enterprise Institute, with which I and Ted are respectively affiliated). The site’s modest hosting and operating expenses come out of my own pocket, the outflow occasionally stanched by the generosity of readers who shop at our Amazon bookstore or donate through the Amazon Honor System or, more recently, by ad revenue.

— Walter Olson, editor

Filed under: about the site, David Nieporent, Manhattan Institute, New Jersey