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Archive for the ‘Miscellaneous’ Category

We’ve bailed out the banks, we’ve bailed out insurance companies, we’re bailing out the auto industry … you’d think by now that even the most die-hard Libertarians among us would throw up their hands and admit that some regulation of industry is good.
Well, not Richard Epstein, a Law Professor at the University of Chicago, who, [...]

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Here is a good op-ed from Leonard Sloane about how tort reform, if enacted, will lift the floodgates on corporate fraud and wrongdoing.
“Tort reform” doesn’t work. Texas is the national model for so called “tort reform,” but medical-malpractice insurance premiums there only went down by 1.2 percent… “Tort reform” leads to unsafe health care. What [...]

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Bloomberg reports that a recent study showed workers exposed to lead experience problems with memory and other cognitive function. In fact, as they reach the age where cognitive function slows, they have greater declines than unexposed workers.
The study was reported in the January issue of Neuropsychology which is published by the American Psychological Association.
I represent children [...]

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Elena Kagen, the well-respected Dean of Harvard Law School, has been nominated to be Solicitor General in the Obama administration. But is she qualified seeing that she has never argued a Supreme Court case, or for that matter, a single appellate case?
An article published in Legal Times discusses this issue and includes interviews with Supreme Court veterans [...]

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Bloomberg. com reports that billion dollar verdicts are vanishing from U.S. courtrooms. In 2008 no such verdict was rendered by a jury, and there was only one in 2007. But in the previous 14 years, there were a total of 26 billion-dollar verdicts.
One reason for this is that the Supreme Court and lower appeals courts have limited [...]

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I’ve been busy as of late. My apologies for the infrequent postings. Here are are a couple of recent law-related articles worth reading:

Las Vegas Sun, “Employers finding way around OSHA’s tougher stance” - this paper has been great about highlighting the failures of government to ensure safe workplaces.
“Class Status Denied in Suit Against DuPont Over Chemical-Tainted [...]

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Simon Property Group, the owner of the Crystal Mall in Waterford, Connecticut, recently agreed to pay nearly $309k to settle a lawsuit brought by the Connecticut Attorney General alleging that inactivity fees that applied to its gift cards violated state consumer law.
Most of the money that will be paid out by Simon will be in [...]

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Starbucks, that ubiquitous high-end coffee company based in Seattle, has long tried to convey an image of corporate social responsibility. But that reputation is being put through the wringer by a messy labor dispute with workers – known as baristas – who wish to unionize. According to Businessweek:
The National Labor Relations Board found on Dec. 23 that [...]

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Although I have been out of commission during the past week or so, seeing that it is the holidays, there have in the meanwhile been tragic accidents that have occurred as a result of unsafe products, insufficient warnings, and corporate negligence. Bringing them to your attention, I realize, is in a way Scrooge-like and the antithesis of spreading holiday cheer, but for [...]

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TortsProfBlog has a link to a WSJ article by Dan Slater about whether the U.S. should keep to the “American” rule in litigation mandating that each side pays its own costs or if we should switch to a loser-pays rule such as exists in the U.K.
The reaction of the plaintiffs’ bar is that adopting the “English” rule [...]

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