Posts Tagged ‘Netherlands’

A 1-in-a-googol claim

In the late 1930s, Edward Kasner was asked to come up with the name for a large number; as legend has it, he asked his nine-year old nephew, who said “googol,” and Kasner’s 1940 book “Mathematics and the Imagination” popularized the term for the number 1 followed by a hundred zeroes. Over a half century later, a variation of that word was used to name a popular search engine, which you may have heard is going public in an e billion dollar offering.

Now Kasner’s great-niece, Peri Fleisher, is going public herself, complaining that her family hasn’t been compensated for Google’s choice of a name, and “exploring” the possibility of legal action. Fleisher has said that she would settle for being allowed to participate as an “insider” in the IPO; the interviewer, either out of ignorance or charity, doesn’t point out that because the Google IPO is a “Dutch auction,” Fleisher already has the right to participate as an “insider” (presuming she means a “friends and family offering”), which is merely the right to buy shares in an IPO at the issuing price. (Gerald P. Merrell, “Have your Google people talk to my ‘googol’ people”, Baltimore Sun, May 16).

Suing incompetent peacekeepers

Blessed are those who just don’t get involved in the first place dept.: “Relatives of victims of Europe’s bloodiest post-war massacre are to sue the United Nations and the Dutch government for ?370 million.” Since no adequate recovery is to be had from Bosnian Serb war criminals for the Srebrenica massacre, reparations lawyers now wish to extract money from the well-meaning neutrals and noncombatants whose bungling efforts failed to prevent it. That should provide a good incentive for anyone to volunteer as peacekeepers in future, no? U.S. lawyers are said to be involved. (“Srebrenica relatives sue UN and Dutch for ?370m”, Daily Telegraph, Nov. 10).

Overreading mammograms

American women who get routine mammograms are more likely to be called back for additional tests than women in other countries, even though such caution does not result in more cases of breast cancer being found, a new study has found. ‘Higher callback rates would be fine if we had evidence we’re getting more bang for the buck,’ said Dr. Joann Elmore, lead author of research published Wednesday in the Journal of the National Cancer Institute. ‘But we’re not.'” The study found that “American mammographers do not detect any more cases of breast cancer, nor do they detect cancer at earlier stages, than their counterparts in such countries as Australia, the Netherlands, Italy or Britain.” They do, however, have a much higher false-positive rate: “According to one of Elmore’s earlier studies, one in every two U.S. women will have at least one false positive after 10 years of annual screening. … the authors say they have adjusted for most of the other factors that could lead to higher false-positive rates and hint strongly that America’s litigious culture is implicated.” (“Callbacks don’t increase detection”, Chicago Tribune/San Diego Network of Care, Sept. 17). See also Nov. 2, 2000; May 12, 2003; “Study suggests false-positive mammogram results linked to radiologists? experience”, UW School of Medicine Online News, Sept. 27, 2002 (earlier Elmore research).

Our editor interviewed

Last week this site’s editor visited the Sooner State to speak to the Oklahoma Council of Public Affairs, in conjunction with which visit commentator/radio host Brandon Dutcher recorded this informal Q & A which touches on the tobacco and fast food litigation, the prophetic role of former Okla. Sen. Fred Harris, and more (“No Joke: Lawsuit Abuse Hurts Us All”, interview with Walter Olson, OCPA Perspective, August)

Upcoming in Milwaukee, Oklahoma City

This Thursday, Aug. 14, our editor will be giving a luncheon speech to the Milwaukee chapter of the Lawyers Division, Federalist Society (details). And on Wed., Aug. 20, he’ll address the Oklahoma Council of Public Affairs as the final speaker in its Summer Speaker series in Oklahoma City (flyer) (Tulsa Today). In conjunction with the OCPA event he’ll be heard on several broadcast shows in the Sooner State, including, on Tues. Aug. 12 at 1 p.m. CDT, station WKY with host Brandon Dutcher, and on Fri. Aug. 15 at 7:15 a.m. CDT, station KTOK with host Cam Edwards, as well as a discussion show (time TBA) on KFOR-TV (NBC, ch. 4).

Update: Judge throws out Milwaukee lead paint case

In the latest high-profile lead paint suit to go down to defeat, Milwaukee County Circuit Judge Timothy G. Dugan dismissed the city of Milwaukee’s lawsuit demanding $85 million from NL Industries, maker of Dutch Boy paint, and Mautz Paint Co. Although Milwaukee’s contingency fee agreement with private lawyers was widely billed as one in which city taxpayers faced no risk, it turns out that the city will owe the private lawyers a substantial sum for expenses if it chooses to abandon the case rather than pursue appeal. (Tom Held, “Judge dismisses lawsuit against lead paint companies”, Milwaukee Journal Sentinel, Jul. 30; AP/Madison Capital Times, Jul. 30). The lawsuit had already contributed to the demise of the family-owned Mautz Paint Co., which sold itself to Sherwin-Williams in part because it could not afford to shoulder a legal defense (see Nov. 13, 2001). “The African American Chamber of Commerce and the Hispanic Chamber of Commerce praised the court’s action in prepared statements. ‘This lawsuit has hurt efforts to clean up lead paint problems,’ a statement from the African American Chamber said.” (“City’s lead paint suit dismissed”, Milwaukee Business Journal, Jul. 28).

Essay on loser-pays

The following essay was written circa 1999 by our editor and formerly appeared on the site’s topical page on loser-pays.

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America differs from all other Western democracies (indeed, from virtually all nations of any sort) in its refusal to recognize the principle that the losing side in litigation should contribute toward “making whole” its prevailing opponent.  It’s long past time this country joined the world in adopting that principle; unfortunately, any steps toward doing so must contend with deeply entrenched resistance from the organized bar, which likes the system the way it is.

Overlawyered.com‘s editor wrote an account in Reason, June 1995, aimed at explaining how loser-pays works in practice and dispelling some of the more common misconceptions about the device.  He also testified before Congress when the issue came up that year as part of the “Contract with America”.  Not online, unfortunately, are most of the relevant sections from The Litigation Explosion, which argues at length for the loser-pays idea, especially chapter 15, “Strict Liability for Lawyering”.

Read On…

Archived lead paint items, pre-June 2003

Archived entries before July 2003 can also be found here.

2003:Stuart Taylor, Jr. on lead paint litigation“, Mar. 5-7.

2002:R.I. lead paint case goes to jury“, Oct. 28-29 (& Oct. 30-31: mistrial).

2001:From the paint wars: a business’s demise, a school district’s hypocrisy“, Nov. 13; “Forbes on lead paint suits, cont’d“, Jun. 8-10; “Ness monster sighted in Narragansett Bay” (Rhode Island, Ness Motley), Jun. 7 (& see Dec. 27-28, 1999 re R.I.); “Reparations: take a number“, Apr. 17 (& see Olson, Reason, Nov. 2000); “‘Painting the town — with lawsuits’“, Mar. 7-8; “‘Bogus’ assault on Norton“, Jan. 18.

2000:The right to be poisoned“, Nov. 30; “A job offer for the judge“, Sept. 25-26 (see also April 12, 2001); “Maryland: knowledge, notice not needed to sue landlords over lead“, Apr. 24; “Game over four decades ago: let’s change the rules” (retroactive Md. legislation), Mar. 15; see also Baltimore Sun special coverage); “New York court nixes market-share liability for paint“, Jan. 17.

1999:‘The Dutch Boy isn’t Joe Camel’“, Nov. 10; “Covers the earth with litigation“, Oct. 14.