Posts Tagged ‘railroads’

Lawyers shouldn’t secretly record medical exams

“Marquette, Mich. railway trackman sues his employer, alleging an on-the-job injury. Employer schedules an independent medical exam to assess his injuries. Trackman refuses to fill out medical questionnaire and refuses to answer examiner’s questions. Also, his lawyer tags along to the exam, which is … uncommon. And the lawyer secretly records the exam on his cell phone. District court: Given the ‘flagrant and repeated misconduct exhibited by Plaintiff and his attorney,’ the entire case is dismissed. Sixth Circuit: Affirmed. Although we’re generally reluctant to dismiss a plaintiff’s suit merely to sanction the plaintiff’s lawyer, both the trackman and his lawyer behaved badly here. Judge Sutton, concurring: Also, we shouldn’t be at all reluctant to hold parties accountable for their lawyers’ misdeeds, even if the parties themselves are not at fault.” [John K. Ross, Institute for Justice “Short Circuit” on Mager v. Wisconsin Central, Sixth Circuit]

Liability roundup

  • Oakland jury tells Monsanto to pay $2 billion over claim that Roundup caused non-Hodgkin’s lymphoma, though the consensus among scientists is that it doesn’t [Tina Bellon, Reuters, earlier] Both sides in glyphosate trial bombarded Bay Area residents with local paid messaging; did Monsanto use geofencing to run ads on phones inside the courthouse itself? [Scott Greenfield, ABA Journal] Was judge in previous Bay Area glyphosate case swayed by P.R. campaign aimed at her? [Daniel Fisher, Legal NewsLine]
  • “Police say Rodriguez was looking at her phone while walking across tracks” [AP/KOIN; Oregon woman suing rail companies over injury]
  • Liability reform in Florida, so often stymied in the past, may have clearer road ahead with arrival of new state high court majority [John Haughey, Florida Watchdog]
  • Not just mesh, either: “Top 5 Eyebrow-Raising Provisions in Mesh Attorneys’ Retainer Agreements” [Elizabeth Chamblee Burch]
  • What is a Maryland General Assembly session without a special fast-track bill to hot-wire money to the benefit of asbestos lawyer Peter Angelos? But this year’s ran aground [Josh Kurtz, Maryland Matters; John O’Brien, Legal NewsLine]
  • Car accident scam in eastern Connecticut reaped estimated $600,000 from as many as 50 staged crashes [AP/WTIC]

Environment roundup

  • “Everything would be all renewable all the time if we could just pass the right laws.” The wishful underpinnings of the Green New Deal [Cato Daily Podcast with Caleb Brown and Regulation Magazine editor Peter Van Doren]
  • “The U.S. rail system is optimized for freight, vs. European and Japanese systems that are optimized for passengers (it is hard to do both well with the same network). The U.S. situation is actually better, much better, for energy conservation.” [Coyote]
  • Federalist Society discussions of climate litigation based on public nuisance theories: National Lawyers Convention panel with David Bookbinder, Eric Grant, James Huffman, Mark W. Smith, moderated by Hon. John K. Bush; “Originally Speaking” written debate with John Baker, Richard Faulk, Dan Lungren, Donald Kochan, Pat Parenteau, David Bookbinder; Boston Lawyers Chapter panel on municipal litigation with Steven Ferrey, Phil Goldberg, Donald Kochan, James R. May, Kenneth Reich] Climate nuisance suits have met with an unfriendly reception in American courts and there is no good rationale for filing copycat claims in Canada [Stewart Muir, Resource Works]
  • “Public Universities Exploit Eminent Domain Powers with Little Oversight” [Chris West, Martin Center]
  • Many pro-market reforms would reduce the risks to life and property from natural disasters, climate-related and otherwise [Chris Edwards, Cato]
  • “On patrol with the enforcer of DC’s plastic-straw ban” [Fenit Nirappil/AP via Peter Bonilla (“Welcome to the worst ride along ever”)]

Green emergencies and grownups

“An end to industrial civilization, but like in a totally pro-union way.” My two cents at Ricochet on the politics of this week’s “Green New Deal” boomlet, the land of pure imagination that exists beyond trade-offs, and the likelihood of universal high-speed rail’s getting even through its preliminary litigation stages, let alone built and operating, within ten years.

Environment roundup

  • Organized efforts mount to blockade, shut down, and ban oil and gas infrastructure [David Roberts/Vox; Kevon Paynter] My two cents on Baltimore’s ban on new or expanded crude oil terminals, which follows moves against fuel infrastructure in Oakland and Portland [Free State Notes] Massachusetts judge approves “necessity defense” raised by protesters who blocked work on pipeline [Erin Mundahl, Inside Sources]
  • Related: calls to ban hydrocarbon (even gas) utility generation stir backlash among some Democrats [Amy Harder, Axios] And not illogically given the distributional effects [Ronald Bailey, Reason]
  • “$18 Billion Prize,” new stage play about Chevron/Ecuador case by Phelim McAleer and Jonathan Leaf, ruffles some Bay Area feathers [Daniel Kennard, National Review]
  • Questions about curious study of GMO safety [Dan Vergano, BuzzFeed]
  • “Creative Regulators and Environmental Protection,” Federalist Society panel video with C. Boyden Gray, Adam White, Robert Glicksman, Nathan Richardson, Caroline Cecot;
  • Europe optimizes its train system for passengers, while U.S. optimizes its for freight. Which is the greener choice? [Coyote]

January 3 roundup

  • California attorney known for suing bars over “ladies’ nights” sues comedian Iliza Shlesinger over “Girls Night In” show [Gene Maddaus, Variety]
  • “Jury Rejects Damages for Victims of SWAT Raid Based on Wet Tea Leaves Cops Said Was Pot” [Jacob Sullum, Radley Balko, earlier here, here, and here]
  • Before calling Star-Spangled Banner “ode to slavery,” newly inaugurated St. Paul mayor should have read my NR piece [Tad Vezner, Pioneer Press]
  • From Prof. Stephen Presser, ideas on reforming legal education [Law and Liberty]
  • Why administration’s appellate nominations tend to be all-of-a-piece while district court nominations are more a mixed bag [Jonathan Adler]
  • Some policy questions about last month’s Amtrak 501 wreck outside Seattle [Randal O’Toole, Cato and more]

Liability roundup

Plaintiff wants to bring Austrian train crash claim to U.S. courts

At the Supreme Court’s first oral argument of its new term, “the court’s most liberal justices joined in criticizing the idea the Austrian national railway could be liable simply for allowing its tickets to be sold in the U.S. Carol Sachs v. OBB Personenverkehr revolves around whether the Foreign Sovereign Immunities Act protects the state-owned rail company from being sued in U.S. courts over injuries that occur overseas. Judging from the arguments, it can. Justices Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor all expressed doubt that OBB could be liable simply because Sachs bought a Eurailpass through a Massachusetts online ticket agency.” The Ninth Circuit had allowed the case of Sachs v. OBB Personenverkehr to go forward over “strenuous dissents from several of its judges.” [Daniel Fisher, Forbes]