Roger Herrin of Harrisburg, Ill. has handed over 600,000 quarters, weighing nearly four tons, to his adversary in partial settlement of a legal dispute over the division of insurance proceeds. Describing himself as “very, very bitter,” Herrin said he wanted to “do it in pennies” but was unable. [Associated Press]
- Thank you, Sens. Rand Paul, Ted Cruz, and Mike Lee, for getting Obama’s claim of warrantless domestic killing authority onto the media front burner — finally — through Sen. Paul’s filibuster last night. (More: Nick Gillespie, Conor Friedersdorf and background, Andrew Sullivan, Josh Blackman; Mediaite (Eric Holder sends letter, Rand Paul declares victory).
- Pending SCOTUS case of “Adoptive Couple v. Baby Girl” is not the first Indian Child Welfare Act fiasco [Ann Althouse] More on ICWA [NYT Room for Debate]
- Has ABA now enlisted in the crusade against Stand Your Ground self-defense laws? [ABA Journal] Reminder #371 that the Martin-Zimmerman case is not likely to hinge on Florida’s SYG law [Jacob Sullum; Jeralyn Merritt with more detail on latest developments]
- “Transparency in Government: Finding Out How Much the Government’s Mistakes Are Costing Us” [Hans von Spakovsky, Heritage]
- “New York, to Stem Civil-Rights Suits, Is Now Reluctant to Settle” [NY Times]
- CPSC adopts sweeping CPSIA testing and certification rule [Nancy Nord] Should the CPSC be structured as a multi-member commission? [Commissioner Nord at Cato’s Regulation magazine, PDF, and “Conversations with Consumers“]
- Illinois: “Small Town to Lose Its Only Sledding Hill” [Free-Range Kids]
- “Word of the day: Mendicant” [New York Times education blog; I’m quoted in]
A California attorney reached a $350,000 settlement just before a jury returned with its verdict on his client’s suit. Turned out the jury had been prepared to award $9 million. The plaintiffs attorney, C. Michael Alder, who is president of the Consumer Attorneys of Los Angeles, then told a judge that his developmentally disabled and brain-damaged client (who had been severely injured after jumping out of an ambulance) had not properly authorized him to settle the case. Los Angeles County Superior Court Judge Michael Johnson granted a new trial. [The Recorder, ABA Journal, Judicial Hellholes and followup]
Settling a lawsuit filed by the Federal Trade Commission, the maker of the drink agrees to warn on its label that it really has quite a lot of alcohol in it and can get you tipsy without having to go back often for refills. As Elie Mystal notes, the “warning” might fit rather nicely into the beverage’s marketing strategy. Scott Greenfield has thought of a parallel case.
- House Judiciary holds hearing on asbestos-claim fraud and abuse, with Prof. Brickman headlining [Main Justice, Legal NewsLine, WSJ law blog, PoL, Brickman testimony]
- Endangered species habitat in Nevada: “Elko County wants end to 15-year-old trout case” [AP]
- “Why is the Eastern District of Texas home to so many patent trolls?” [Ted Frank/PoL, more] Tech giants say multi-defendant patent suits place them at disadvantage [WSJ Law Blog] Plus: “Patent company has big case, no office” [John O’Brien, Legal NewsLine]
- Lawsuit settlement and the lizard brain [Popehat]
- “U.S. Commission on Civil Rights Looks Into Eminent Domain Abuses” [Kanner, Somin] U.K.: “Squatters could be good for us all, says judge in empty homes ruling” [Telegraph]
- Madison mob silences Roger Clegg at news conference where he releases new study of UW race bias [ABA Journal, Althouse]
- Life in Australia: “Another motorized-beer-cooler DUI” [Lowering the Bar]
The Namby Pamby offers tips for settling low-value cases. Extensive use of Angry Birds is recommended.
- “Why Do Employers Use FICO Scores?” Maybe one reason is that government places off limits so many of the other ways they might evaluate job applicants [McArdle, Coyote]
- Michael Fumento on $671 million verdict against nursing home in California [Forbes]
- Ted Frank is looking for a pro bono economics expert [CCAF]
- Lester Brickman, “Anatomy of an Aggregate Settlement: The Triumph of Temptation Over Ethics” [Phillips Petroleum explosion; SSRN via Legal Ethics Forum]
- Ice cream trucks return to Niskayuna, N.Y. 34 years after a panic-occasioned ban [Free-Range Kids, Mangu-Ward]
- Galloping trend toward “whistleblower” enactments: this time lawmakers are rushing one on oil workers [Smith/ShopFloor, more, earlier]
- Class action lawsuit filed against Trident Xtra Care gum, marketed as good for one’s teeth [Hoffman/ConcurOp; compare Russell Jackson on Wrigley’s settlement of a class action over Eclipse chewing gum]
- EEOC officials urge employers to ban foul language and swearing in workplace [seven years ago at Overlawyered]
By tortuous steps, the dispute continues to advance in a New Jersey courtroom over whether, as part of a settlement of discrimination claims by some of its employees, Prudential made a side payment to the law firm representing the workers, and if so whether that was proper. Both the giant insurer and the law firm, Leeds Morelli & Brown, have disputed the clients’ accounts and denied wrongdoing. [Newark Star-Ledger via ABA Journal, earlier]
I got an email asking me what happened to the case in the following post:
While his wife, Jeanette Passalaqua, was giving birth, Steven fainted in the delivery room, fracturing his skull and dying two days later. This is, says the family, the fault of Kaiser Foundation Hospitals and Southern California Permanente Medical Group Inc. “‘This avoidable tragedy was a direct result of Kaiser’s ordinary negligence in failing to exercise reasonable care to prevent foreseeable injuries to Steven,’ according to the suit, which was filed last week in San Bernardino County Superior Court.” So if your maternity ward is rubber-padded next time you go there, you know why.
So I looked it up in the San Bernardino County Superior Court docket database: the case settled almost immediately. The docket does not report the amount of the settlement, which could conceivably have been for a token amount, but one can infer that there was some substantial money involved, because the settlement required proof of the purchase of annuities for the two plaintiff minors, which normally wouldn’t be worth the transactions costs if the sums were tiny. But that inference may be incorrect. If ever I find myself in San Bernardino, maybe I’ll check the paper record to see if there’s more public detail.