- “Ten Ways Lawyers Rip Off Clients” [Lawrence Delevingne and Gus Lubin, Business Insider]
- White House visitor logs contain more entries for trial lawyer lobbyist Linda Lipsen (5x) than for Hillary Clinton (3x) (h/t ShopFloor)
- Time magazine has a cover story on child overprotectiveness [Free-Range Kids]
- “Why so many talented people give up on moving to the US”: one immigrant’s 7 year journey through the legal paperwork [Pete Warden]
- Speaking for the whole New York profession? “New York Bar Association president decries tort reform proposals” [Rizo, Legal NewsLine]
- Chamber of Commerce “needs to develop thicker skin” in response to Yes Men parody [LA Times]
- New York: “Judges collect pension and regular pay, and it’s perfectly legal” [Jonathan Bandler, Journal News]
- Cook County “out $14K for toilet paper injury” [Chicago Sun-Times]
Posts Tagged ‘politics’
After a housing-suit settlement, Westchester voters rebel
I’ve got a new piece up at City Journal on Tuesday’s sensational Westchester County upset, in which GOP challenger Rob Astorino knocked off Andy Spano, the longtime Democratic incumbent county executive, by a convincing 58-42 percent margin. Taxes were a key issue, but so was the county’s consent to what was billed as a landmark housing-reform settlement in which it agreed to arm-twist affluent towns into accepting low-income housing. Many Westchester residents were wary of the potential consequences — and downright insulted when Spano suggested that to resist the lawsuit further would be to make the generally liberal-leaning county a “symbol of racism”.
The federally brokered settlement is itself of interest far beyond Westchester, if only as the occasion of a truly remarkable rhetorical flourish from an Obama Administration official, HUD deputy secretary Ron Sims: “It’s time to remove zip codes as a factor in the quality of life in America.” It was also hailed at once in some quarters as a model for similar legal action against other suburban jurisdictions considered guilty of not being hospitable enough to low-income housing. The Westchester voter revolt, I argue in the piece, may serve as a signal to local officials elsewhere to fight, rather than roll over, when the social engineers and their lawyers come knocking (cross-posted from Point of Law).
Buried on page 1431: Potemkin tort reform
Commentary’s Jennifer Rubin notices:
A friend points out a little nugget of absurdity and political mendacity in the Pelosi health-care bill. Remember Obama’s effort to try a “test” for tort reform? (We don’t actually need a test, since it has worked to lower medical malpractice coverage and help increase access to doctors in states that have tried it.) Well, Pelosi’s bill has an anti-tort-reform measure. On pages 1431-1433 of the 1990-page spellbinder, there is a financial incentive for states to try “alternative medical liability laws.” But look — you don’t get the incentive if you have a law that would “limit attorneys’ fees or impose caps on damages.”
In other words, Congress is providing a financial incentive to uncap damages. Marvelous.
September 25 roundup
- “Highly embarrassing …ugly”: Florida Justice Association apologizes for race-baiting mailer intended to sway state senate race [Miami Herald, Orlando Sentinel]
- Fanny-state regulation: they wouldn’t really ban soft toilet paper, would they? [Washington Post via Logomasini, CEI “Open Market”]
- Update on David Michaels OSHA nomination [Carter Wood, PoL] More: Fox News.
- Library of Congress has expanded its law research website, includes archiving project for legal weblogs including this one;
- David Leonhardt, NYT economics columnist, looks at defensive medicine debate [“Economic Scene”]
- “Republicans denounce identity politics, except when they engage in it themselves.” [Heather Mac Donald, Secular Right]
- Aw: Ron Coleman recalls “one of my proudest weeks of blogging”. [Likelihood of Success]
- Dewey Decimal System owner sues NYC’s Library Hotel [six years ago at Overlawyered — link fixed now]
September 22 roundup
- Proposed Costco fuel settlement: $0 for class, $10M for attorneys. [CCAF]
- Senator Specter’s latest attempt to curry favor with trial lawyers. [Ribstein; see also Corporate Counsel]
- The Frank-Gryphon paper on the game theory of medical malpractice settlements is now posted. Comments welcome. [SSRN]
- Heritage panel on tort reform in the states features Mississippi Gov. Haley Barbour. [Summary at Point of Law]
- Liability waivers ignored and Texas Motor Speedway on the hook for $12 million after a 12-year-old driver strikes 11-year-old in the pit area. [Fort Worth Star-Telegram; id. on pre-trial]
- Martha Raye turning over in her grave, as trial lawyers target denture cream as next mass tort. [AP/Washington Post]
National Journal bloggers’ poll
They ask about whether the GOP should get closer to the Tea Party movement; my answer is that the response of a party to a protest movement should be to coopt its legitimate grievances. More: David Kopel, Volokh.
D.C. park police crowd estimates
The hot blog topic of the moment is over the size of the crowds at yesterday’s “9/12” Washington rallies critical of the Obama administration’s direction. As we noted back in 2004, U.S. National Park police, who are in charge of the Mall and related public spaces, used to estimate crowd sizes, but when their assessment of attendance at the Million Man March differed from that of march organizers, the organizers threatened to sue. So park police stopped putting out crowd estimates, which now seem to be left to the probably less expert D.C. fire department. Don’t we all feel better informed now?
State senate shootout in Florida
Next Tuesday Jacksonville-area Republican voters will vote in a primary to fill a state senate vacancy, with a leading candidate being John Thrasher, who was instrumental in helping the administration of Gov. Jeb Bush steer liability reform through the legislature in 1999. As a result, Thrasher has drawn frenetic attack ads from the state’s personal injury bar and its allies, including a group calling itself Conservative Citizens for Justice, which turns out to be led by a past president of the state’s AAJ affiliate, the Florida Justice Association. [Dan Pero, American Courthouse; Times-Union and more; Jacksonville Observer] In response, Jeb Bush has cut a TV ad for Thrasher pointedly directed at the lawyers. [Miami Herald]
Howard Dean on Obamacare and med-mal reform
Perhaps the most buzzed-about story while I was on vacation (I’m back now) was the frank acknowledgment by former Democratic Party chairman (and former physician) Howard Dean when asked why liability reform was omitted from the health care redesign. 
From the New York Times “Prescriptions” blog:
The man then asked why tort reform was not part of any health overhaul.
Dr. Dean replied that the more items in a big bill, the more enemies it will have. “The people who wrote it did not want to take on the trial lawyers in addition to everyone else,” Dr. Dean said.
Dr. Dean also said he believed that patients should be able to bring actions against health care professionals, but they should go to arbitration. Then the case could go to trial, he said, but the arbitration verdict should be submitted as evidence. Not much reaction to that either way.
Mr. Moran [Northern Virginia Congressman Jim Moran] then apologized to the man whose identity he had questioned and added his 2 cents about why tort reform was not part of any bill. He said if it were, such a bill would have to go through the judiciary committee, which he said was one of the most partisan in Congress and would never have reported it out.
Commentary: Mark Tapscott/Examiner, Washington Times, Darrin McKinney/ATRA, Dan Pero linking Tiger Joyce/Investors Business Daily, Charles Krauthammer/FoxNews.com via Carter Wood/PoL and NRO “Corner”, Fred Barnes/Weekly Standard.
Relatedly, Philip K. Howard writes on “Stonewalling Legal Reform“, citing a Jon R. Gabel piece in the Times that rebuts a much-touted-by-trial-lawyers Congressional Budget Office report minimizing the likely cost reductions from malpractice reform. From the American Spectator Blog, “Conservative Leaders on Costly Lawsuits and Health Care Reform“. And Ramesh Ponnuru at NRO reiterates his argument that while malpractice reform is a good idea, it shouldn’t be imposed on the national level by the federal government.
More: Jim Lindgren at Volokh Conspiracy skewers an appalling report on health care “myths” which received, but did not deserve, the imprimatur of Indiana University.
Passing labor-law bill will “Defeat the Right Forever”
Or at least that’s the theme of a panel discussion this week from the lefty Kossack folks, claiming that card check will consign conservatives to “permanent minority” status. [ShopFloor]