state high courts – Overlawyered

April 17 roundup

Walter Olson — Wed, 17 Apr 2019 09:59:03 +0000

Estonia introduces artificial intelligence algorithms to adjudicate small claims disputes [Eric Niiler, Wired]
“The Connecticut Ruling: Another Attempt to Blame the Gun for Gun Crime” [Joyce Lee Malcolm, Law and Liberty on 4-3 Connecticut Supreme Court ruling finding state consumer law not preempted by federal PLCAA (Protection of Lawful Commerce in Arms Act)] “But will the Supreme Court allow Connecticut to circumvent federal law?” [Scott Greenfield] Remington will seek certiorari review at U.S. Supreme Court [Dave Collins, AP/WTIC]
In Pennsylvania, there’s “a feeling that law firms can get judges fired” after a worker’s comp judge who angered “one of the state’s most politically connected law firms…quickly lost her job” [William Bender, Philadelphia Daily News]
Nanny staters vs. comptroller’s moves to modernize alcohol marketing regulation, no action on Sixth District gerrymander, Angelos asbestos bill tripped up, critics are right to oppose push to abolish child-abuse statute of limitation, heads should roll in business lobby after minimum wage fiasco, and more in a Sine Die (end of legislative term) roundup at my Maryland blog Free State Notes;
“Harm Reduction: Shifting from a War on Drugs to a War on Drug-Related Deaths,” videos of Cato Institute conference with Jeffrey Singer, Maia Szalavitz, Ed Rendell, Clark Neily, Jeffrey Miron, Michael Cannon, and others [parts one, two, three, four, Jeffrey Singer overview blog post] and related Cato podcasts with Daniel Ciccarone on prohibition as crisis driver, Scott MacDonald on heroin-assisted treatment, Darwin Fisher on supervised injection, and Adrianne Wilson-Poe on cannabis and opioid overdose;
“How Are State Supreme Court Justices Selected?” [Federalist Society Policy Brief video with Chris Bonneau and Brian Fitzpatrick]

Tags: Connecticut, guns, judges, Maryland, opioids, Pennsylvania, Protection of Lawful Commerce in Arms Act, state high courts

April 17 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Finally, the Florida Supreme Court is changing

Walter Olson — Thu, 14 Feb 2019 11:06:14 +0000

One of the most significant changes happening at the moment in the ideological complexion of the courts is not related to the federal courts at all. The Florida Supreme Court, for many years firmly in the hands of a liberal majority of justices, is likely to take a new turn with three appointments from new governor Ron DeSantis, a conservative Republican who campaigned against what he called judicial activism. The previous court is remembered especially for holding the national stage during the 2000 Bush v. Gore controversy. Among its other hits, it killed a school voucher program and liberalized tort law in such areas as premises, municipal, recreational, and rental-equipment liability. It also repeatedly struck down legislation aimed at reining in litigious excess in such areas as medical liability and expert testimony. [David Freddoso, Washington Examiner]

Tags: Florida, politics, state high courts

Finally, the Florida Supreme Court is changing is a post from Overlawyered - Chronicling the high cost of our legal system

Liability roundup

Walter Olson — Fri, 18 Jan 2019 11:02:53 +0000

Legislative relief finally in sight in Florida’s assignment of benefits mess? [Michael Moline, Florida Politics, Insurance Journal on this Insurance Information Institute white paper, Jim Saunders, News Service of Florida and more, Rocco English, Florida Daily, earlier]
Update on 2018 developments in civil justice [Mark Behrens and Christopher Appel, Federalist Society] “Costs and Compensation of the U.S. Tort System” for 2016 [U.S. Chamber Institute for Legal Reform]
In first case to reach trial blaming Monster energy drink for heart attack, jury deliberates 15 minutes and reaches defense verdict [Jessi Devenyns, FoodDive]
Contributing to judges’ election funds taints a verdict? Can both sides play? [Jim Beck, ADA Journal on State Farm Illinois settlement]
“The Rise of the Freedom To Arbitrate” [John McGinnis, Law and Liberty] “Trial Lawyers Find Unusual Allies In Fight Against Arbitration: Conservative State Treasurers” [Daniel Fisher, Legal NewsLine/Forbes]
Accessibility complainant who turned out to be ambulatory without wheelchair drops two lawsuits after Post exposé [Julia Marsh, New York Post]

Tags: arbitration, Florida, insurance, judicial elections, State Farm, state high courts, tort reform, wayward Republicans

Liability roundup is a post from Overlawyered - Chronicling the high cost of our legal system

June 13 roundup

Walter Olson — Wed, 13 Jun 2018 10:01:49 +0000

Put a Plimsoll line on a T-shirt and you might hear from trademark lawyers [Cyrus Farivar, ArsTechnica]
“Do Landlords Have a Duty to Evict Drug-Using Tenants (or Face Liability if Guests Die When Using Drugs with Them)?” [Eugene Volokh]
Interview with Judge Jeffrey Sutton about his new book on state constitutions, “51 Imperfect Solutions: States and the Making of American Constitutional Law” [Ilya Somin, parts one and two] Federalist Society teleforum with Judge Sutton, Randy Barnett, and Judge William Pryor;
“American Airlines bans insects, hedgehogs and goats as emotional support animals” [CNNMoney/WQAD] Peacocks begone: “JetBlue Updates Requirements for Emotional Support Animals” [press release]
Gov. Hogan vs. teachers’ unions, pension mandate, a socialist for MoCo County Executive?, and more in my latest Maryland roundup [Free State Notes]
“A Devastated Puerto Rico Must Still Contend with the Jones Act” [Cato Podcast with Colin Grabow and Caleb Brown, earlier]

Tags: airlines, landlord tenant law, Maryland, service animals, state high courts

June 13 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Shutting down campaign criticism of an Arkansas judge

Walter Olson — Fri, 25 May 2018 04:05:58 +0000

An injunction that is “almost certainly unconstitutional” as prior restraint orders attack ads critical of Arkansas Supreme Court Justice Courtney Goodson taken off the air, and further legal wrangling follows [Eugene Volokh, followups one and two, Marc Kilmer/Arkansas Project]

Tags: Arkansas, campaign regulation, First Amendment, state high courts

Shutting down campaign criticism of an Arkansas judge is a post from Overlawyered - Chronicling the high cost of our legal system

Sheldon Silver and lawyers in politics

Walter Olson — Mon, 02 Feb 2015 05:15:54 +0000

Sheldon Silver’s arrest prompts Jeffrey Toobin to relate a war story regarding the now-defunct law firm known as Morris Eisen, P.C., “an outfit so extravagantly corrupt, so hilariously dishonest, and so creatively malign as almost to defy belief.” (I’ve written a number of times about the Eisen firm myself.) Eisen’s son-in-law, who had gotten his start with the firm, went on to found the firm of Weitz & Luxenberg, where Silver had his no-visible-duties job and to which he occasionally sent lucrative asbestos referrals from his friends at the Columbia clinic and elsewhere.

Weitz & Luxenberg (which has not been charged with any wrongdoing in the federal investigation, and says it has asked Silver to take a leave of absence) is also a big political player nationally, not just in New York. As Kim Strassel notes at the WSJ, “Then Senate Majority Leader Harry Reid’s top contributor from 2009 to 2014 was Weitz & Luxenberg. The firm played the same role for Bruce Braley, the trial-lawyer Democrat who just lost an Iowa Senate race.” The other large asbestos firm to receive lucrative patient referrals from Dr. Robert Taub’s now-discontinued Columbia University mesothelioma center is the Simmons firm of Illinois, another big political donor that Strassel says has been the single biggest backer of Sen. Dick Durbin (D-Ill.).

Previously on the Silver arrest here and here. More: “Tarnished Silver: Speaker’s arrest upends most everything in Albany” [Andrew Hawkins, Crain’s New York (“his support for the teachers’ union has kept education reformers at bay”); Henry Goldman, Bloomberg; Wayne Barrett on Silver’s “Friends of Shelly” network of pals, including Chief Judge Jonathan Lippman (“In his varied posts, Lippman has long overseen the very courts hearing the asbestos and other cases brought by Silver’s firm.”)

And this Joseph Nocera column from the weekend, which is particularly strong on Silver’s influence over the judiciary in New York, built up through methods all “perfectly legal.” But note this NYT correction stating that Nocera’s discussion of the judiciary in that column was “premised on several factual errors.” (More on that: New York Sun.) The New York Post believes the feds are sniffing around Manhattan trial courts.

Tags: asbestos, Harry Reid, Sheldon Silver, state high courts

Sheldon Silver and lawyers in politics is a post from Overlawyered - Chronicling the high cost of our legal system

Liability roundup

Walter Olson — Sat, 20 Dec 2014 13:58:28 +0000

From the Manhattan Institute “Trial Lawyers Inc.” project, “Wheels of Fortune” (PDF), twin report on lawyers’ exploitation of SSDI (Social Security Disability) and ADA cases;
Theodore Dalrymple on the flaws of the US litigation system [Liberty and Law]
Testimony: “after he inquired about the 40 percent fee charged by [co-counsel] Chestnut, [Willie] Gary threatened to ‘tie up [client] Baker’s money in the courts for years so he would never live to see it.'” [Gainesville Sun]
ATRA takes aim at rise of asbestos litigation in NYC [“Judicial Hellholes” series, Chamber-backed Legal NewsLine, New York Daily News (“national scandal”)]
Another reminder that while plaintiff’s lawyers conventionally assail pre-dispute employment arbitration agreements, they routinely use them themselves [LNL]
New U.S. Chamber papers on litigation trends: “Lawsuit Ecosystem II“; state supreme courts review;
Changes ahead for class action rules? [Andrew Trask]

Tags: ADA filing mills, arbitration, asbestos, NYC, procedure, state high courts, Willie Gary

Liability roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Illinois Supreme Court battles

Walter Olson — Fri, 24 Oct 2014 04:15:53 +0000

Really, the headline is as good an introduction to this tangled web as any: “Clifford firm contributes $150K to unseat Justice on the same day he’s in court saying campaign money corrupted Supreme Court.” [Madison County Record, related post ten years ago] Also, Illinois election officials say the state may need to have a slow Election Night [The Southern Illinoisan]

Tags: Illinois, judicial elections, state high courts

Illinois Supreme Court battles is a post from Overlawyered - Chronicling the high cost of our legal system

Politics roundup

Walter Olson — Mon, 26 May 2014 13:35:06 +0000

NY Assembly Speaker Sheldon Silver hangs blame for a retrospectively unpopular position on the *other* Sheldon Silver. Credible? [NY Times via @jpodhoretz]
Julian Castro, slated as next HUD chief, did well from fee-splitting arrangement with top Texas tort lawyer [Byron York; earlier on Mikal Watts]
10th Circuit: maybe Colorado allows too much plebiscitary democracy to qualify as a state with a “republican form of government” [Garrett Epps on a case one suspects will rest on a “this day and trip only” theory pertaining to tax limitations, as opposed to other referendum topics]
“Mostyn, other trial lawyers spending big on Crist’s campaign in Florida” [Chamber-backed Legal NewsLine; background on Crist and Litigation Lobby] “Texas trial lawyers open checkbooks for Braley’s Senate run” [Legal NewsLine; on Braley’s IRS intervention, Watchdog]
Contributions from plaintiff’s bar, especially Orange County’s Robinson Calcagnie, enable California AG Kamala Harris to crush rivals [Washington Examiner]
Trial lawyers suing State Farm for $7 billion aim subpoena at member of Illinois Supreme Court [Madison-St. Clair Record, more, yet more]
Plaintiff-friendly California voting rights bill could mulct municipalities [Steven Greenhut]
John Edwards: he’s baaaaack… [on the law side; Byron York]
Also, I’ve started a blog (representing just myself, no institutional affiliation) on Maryland local matters including policy and politics: Free State Notes.

Tags: attorneys general, California, Colorado, constitutional law, Florida, Illinois, Iowa, John Edwards, Kamala Harris, Maryland, Mikal Watts, politics, Sheldon Silver, State Farm, state high courts, Tenth Circuit

Politics roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Politics roundup

Walter Olson — Fri, 11 Apr 2014 04:05:53 +0000

Criminalizing Wisconsin politics: judge declines to throw out counter-suit against home-raiding, computer-seizing “John Doe” probe [Journal Sentinel, ruling, Wisconsin Watchdog, Steve Forbes, earlier]
Defense of career agency employees’ leaking to Congress and the press to resist political appointee leadership [Amanda Leiter, SSRN]
Hurricane and mass tort lawyer Steve Mostyn emerges as big political benefactor [David Yates, Chamber-backed SE Texas Record] More: Hello, Mr. President!
Gotham press chooses up sides on Attorney General Eric Schneiderman [Jack Shafer]
Florida Supreme Court among nation’s most politicized, so there’s a certain amount of karma at work here [FCIR]
Wow: Braley campaign says he knew “he was being videotaped at the private fundraiser” [DMR via Jason Pye, United Liberty, earlier] Nothing discouraged, he’ll keynote New York trial lawyers’ event [Legal NewsLine]
Pennsylvania legislator named in abortive sting appears down to his last few friends [PennLive]

Tags: Florida, Iowa, New York, Pennsylvania, politics, state high courts, Wisconsin

Politics roundup is a post from Overlawyered - Chronicling the high cost of our legal system