Posts Tagged ‘West Virginia’

Liability roundup

Medical roundup

Liability roundup

Rating states on legal climates

“West Virginia courts have a well-deserved reputation for favoring plaintiffs, but the state’s Supreme Court may have gone too far this year when it said drug addicts who broke the law to obtain narcotics could sue the doctors and pharmacies who supposedly fed their addiction.” Rulings like that, writes Daniel Fisher, are one reason West Virginia perennially ranks at the bottom in the U.S. Chamber’s ranking of state legal climates, and did again this year. Louisiana, Illinois, and California are other cellar-dwellers, while Alabama and Texas, despite extensive reforms and the success of business-oriented candidates in many judicial races, also languish in the lower ranks with continuing problems such as the litigation atmosphere of east Texas [Lou Ann Anderson/Watchdog Arena] More: Bob Dorigo Jones. Related, from ALEC: State Lawsuit Reform.

December 10 roundup

  • “Judge dismisses ‘American Idol’ racial bias lawsuit” [Reuters]
  • “Don’t sue your art dealer, because you won’t win” [Shane Ferro, Business Insurance on fate of Ronald Perelman suit against Larry Gagosian]
  • Lawyer with big case pending before West Virginia high court bought plane from chief justice’s spouse [ABC, Charleston Daily Mail, WV Record]
  • Remembering Bruno Leoni, classical liberal known for theory of superiority of decisional law process over legislation [Cato panel this summer, Todd Zywicki/Liberty and Law]
  • “If I ever shoot your wedding, I’ll be sure to add a clause of ‘You cannot sue me for $300,000.'” [@GilPhotography on PetaPixel coverage]
  • “Court Unconvinced by Lawyer Dressed as Thomas Jefferson” [Lowering the Bar]
  • Arizona attorney general to GM: gimme $10K for every vehicle you’ve sold in my state [Bloomberg]

Politics roundup

  • Texas trial lawyer lobby has attacked Greg Abbott on theme of his accident for years without success, Wendy Davis would have been smarter to tell ’em no [Politico]
  • Wondering about ObamaCare rate hikes? You’ll get to find out right after the election [Washington Times]
  • “Four more years of ‘pay-to-play’ if DeWine returns as Ohio AG, says Dem challenger” [LNL]
  • Blades concealed? Environmental group’s Iowa, Colorado attack ads play bad cop to wind lobbyists’ good cop [Tim Carney]
  • “W.Va. trial lawyers’ campaign donations near $600K” [W.V. Record]
  • With all the serious issues in the Maryland governor’s race, what’s this guy doing writing a parody song about Anthony Brown’s “Frederickstown” gaffe? [Free State Notes]
  • “Dear Trial Lawyer Colleague, One of our own, Bruce Braley, is in the fight of his life” [Joel Gehrke, earlier]

Derek Lowe on the West Virginia chemical spill

Last month Charleston, W.V. suffered one of the worst American environmental calamities in years when coal-scrubbing chemicals burst from a tank farm and into its water supply, which had to be shut down for several days. So, you ask, given a great big injury for which it’s extremely likely that someone bears legal responsibility, how’s the litigation system helping out? Well, the operator of the tank farm having almost immediately declared bankruptcy in anticipation of massive legal claims, the net is naturally being cast wide for other defendants to sue, with some suits, for example, naming the water company as sole defendant.

According to Derek Lowe (crediting ChemJobber), one law firm’s suit drops the ball on identifying the exact chemical nature of the contaminant 4-MCHM, or (4-methylcyclohexane)methanol:

The court filing, by the law firm of Thompson and Barney, says explicitly:

30. The combination chemical 4-MCHM is artificially created by combining methylclyclohexane (sic) with methanol.

31. Two component parts of 4-MCHM are methylcyclohexane and methanol which are both known dangerous and toxic chemicals that can cause latent dread disease such as cancer.

Sure thing, guys, just like the two component parts of dogwood trees are dogs and wood.

Lowe also accuses an expert hired by the same law firm of “irresponsible fear-mongering” for encouraging alarm about a finding of just over 30 nanograms per milliliter of formaldehyde in the Charleston water, not a high level by many standards.