Former Clinton White House lawyer Lanny Davis weighs in on the issue of medical malpractice "reform" in a WSJ interview with Ashby Jones where he spends time whining about punitive damages.

And it's pretty clear to Andrew Barovick, that Lanny Davis is utterly clueless. And the PopTort noticed too, pointing out that the entire state system only had six such cases in an entire year. For medical malpractice, punitive damages is a non-issue;

Hey, Brian Wilson has a modest proposal, why not just get rid of all the personal injury lawsuits?

And if you're a personal injury lawyer, how do you feel about being one?

The NYT ran with an editorial on a case against McDonald's regarding fried chicken and a hot-pocket of undrained oil that burned the lips of a customer. The WSJ Law Blog wants to know if this is the next tort "reform" talking point;

Of course, some lawyers just seem hell-bent on embarrassing themselves;

And while on the subject of medical malpractice, here's the story of a rogue butt-enhancer. No, I didn't make that up;

Other interesting stuff:

FindLaw, that paragon of brilliant blogging that seeks to further embarrass the entire legal profession, is now looking for new writers for it's dreck-blogs. Legal experience is not necessary. Really, you can't make this stuff up;

And more in the crap attorney search department, Bob Ambogi rips BestAttorneysOnline.com to shreds then comes back to pulverize them some more, and then shovels dirt on this clueless company's grave. Woe unto the lawyer that outsources his or her marketing (and ethics) to one of these attorney search outfits;

Class action lawsuits against Toyota could cost the company $3 billion;

When 911 calls get released to the public, is there a violation of privacy rights involved?

Congressional candidate Joe Walsh backs down in dispute with rocker Joe Walsh over use of one of his (rocker Joe's) songs;

New York City gets a new official condom, which has nothing whatsoever to do with the law, but it's my blog and I get to link to stuff like that if I want;

My brother Dan is not the only one to get personal letters from SCOTUS; Justice Thomas opines on McDonald's;

I've been meaning to get around to this for awhile: In case you hadn't noticed, Colin Samuels of Infamy or Praise fame has been doing outstanding round-ups of the legal blogosphere in his "Round Tuit" postings. Unlike my brief commentary by providing links -- where I try to send you away from here -- he does in depth analysis of life in the legal blogosphere. If he isn't part of your RSS feed, then you are missing something good;

And Niki Black has Blawg Review #254 up at Sui Generis, focusing on International Women's Day and National Women's Month.

Labels: Random Notes

Clock is tickin', so much I wanted to write about but didn't have the time for...

Here's some reasons not to make any representation as to what a case is worth when you take it in: Settle it Now, Negotiation Blog;

Sometimes the mistake gets made, but the damages aren't there: New mom given wrong baby to nurse, wants settlement from hospital;

Baseball mascot flings hot dog. Said doggie hits fan in the eye. Did the fan assume the risk of having a mascot fling a hot dog at him during a game? And would John Hochfelder have taken the case?

Let me guess, the new client is overseas and they want you to collect an easy $400,000 or so for them, right? And you get a nice big piece? Uh huh. Law Firms Swindled Out of $500K in E-Mail Scam and a personal experience with the scammer;

How's this for a quote regarding the Toyota scandal: "Yet for all the demonizing of trial lawyers, the reality is that product-liability litigation has become an ever more important means of keeping consumers safe." It appeared on the WSJ OP-Ed page;

A post at Concurring Opinions on medical liability uses this graphic at left. But the image looks Photoshopped to me as the instrument seems too small to actually hold. Want to see what a retained surgical instrument really looks like?

Bob Dylan is dead. You didn't know? Ann Althouse finds out due to a computer program that ambulance chases. When I wrote Attorney Solicitation 2.0 back in 2007, I never thought of that one;

TortsProf is still chugging along with the Personal Injury Law round-ups;

Blawg Review #252 is frightening;

My three posts on Justice Scalia's letter to my brother regarding secession have had 40,000 page views as it roared around the web with thousands of forum comments, tweets and blog postings, finding a home at NYT, WSJ, WaPo, NBC, CBS and The Hollywood Reporter, among others. And if Eugene Volokh hadn't put up this post, the letter would still be in a drawer as a fun, family curiosity. But no one has tackled my suggestion that Scalia flat out blew it on whether the court could ever hear such a case.

I'm going to bed, hope there aren't too many typos and blown links.

Labels: Random Notes

A dramatic slip and fall caught on video. Too bad he was trying to throw a chair through a Burger King door at the time. Will he be dumb enough to sue?

Point of Law has AAJ's agenda for protecting consumer rights. They don't like the list. I do.

The Second Circuit Court of Appeals opines on champerty and maintenance in New York. You don't know what that means? If you practice personal injury law, you better damn well find out at Blawgletter.

Is that really a stodgy, New York, government bureaucracy on Twitter?

How many auto accidents take place each year because of drivers distracted by cell phone use and texting? The answer is here;

OK, CareerBuilder has placed an ad on the web that I don't think you will ever see on television. My wife is still laughing...

In honor of the 20th Anniversary of The Simpsons, that law-talking guy...

Scott Greenfield has an example of a good lawyer ad from one of the bastion of fine personal injury firms in New York, Trolman Glaser and Lichtman -- even Walter Olson seems to like it! Too bad the firm also  is part of the wretched FindLaw system of using dreck-blogs for advertisements. Hey TGL, if you're reading this, isn't it time to get on the phone with your FindLaw rep and tell them to stop creating stuff that hurts our clients and our reputations? It's already hard enough to find impartial jurors for personal injury cases, we don't need them making things worse;

Finally, Blawg Review #246 at The Client Revolution, looking into the crystal ball at the future of law.

Labels: Random Notes

Medical researchers go hunting for a link between disease and lawyers, and Max Kennerly takes the "research" and rips it limb from limb;

The PopTort has become, over the last several months, a truly outstanding blog. They wrote recently how Katrina hospital victims were, literally, dead in the water, and how tort "reform" in Texas failed to bring docs back to rural areas;

Kevin, M.D. has a round-up of his most popular posts from 2009, many of which have a legal angle to them;

Avvo makes 8 predictions for the legal field for 2010;

The NY Court of Appeals hears oral argument on the issue of "sole proximate cause" of the worker as a defense to strict liability under our Labor Law;

Since when did cyber-stalking become a gender issue? Eugene Volokh starts the conversation and Scott Greenfield (who is being stalked along with other guys, I might add) says to hell with that. (Previously here, Twitter Followers and Stalkers -- Can You Tell the Difference?);

Am I my blogger's keeper? Carolyn Elefant and Brian Tannebaum on ethical issues and lawyers' professional obligations regarding marketing;

And Blawg Review #245 comes at us from Charon QC with this exquisite theme:

I have no theme -- other than to look at as many good blog posts and bloggers as I can under various quasi-random headings.

Labels: Random Notes

Let's clear out the old in-box of things I'd like to blog about but never found the time for (because Martindale-Hubbell, Yahoo and FindLaw sucked out my recent time here).

And so, without any attempt to organize by subject or in any other rational way:

If you pay the cost of medical care, should you (or someone else?) get the benefits? (Walter Olson @ Point of Law);

Which is better for a law professor, a PhD or actual experience as a lawyer? Both Marc Randazza and Scott Greenfield have sharp opinions, with dozens of comments that follow;

Opinions on lawyers ethics and honesty dropped 5% in one year. Why? And does it matter? (Tannebaum @ My Law License);

Personal injury cases are not funny. People get hurt. But when a moose head falls on someone in a bar, it's hard for some to wonder how the moose got loose...Did anyone blame Sarah Palin? And was it Woody Allen's moose? (Kevin Underhill @ Lowering the Bar, the Gothamist, and NY Mag);

It was nice to be included in the ABA Blawg 100, as I previously noted, but now it seems some are so desperate to win that votes are for sale (@ Simple Justice)

What value is Twitter to a personal injury lawyer? Is it zero, or just close to zero? (Mark Zamora @ A Georgia Lawyer)

Someone in Florida gets steamed at lousy treatment from Route 60 Hyundai, they send a cease and desist letter, and then get a sharp lesson in the Streisand Effect and some brilliant legal writing from Marc Randazza (@ Overlaywered)

Criminal defense lawyer Norm Pattis writes about Another Year in the Trenches, and man, can this guy write. Just one small piece:

Summoning fight is usually not hard for me. I was born on the other side of the tracks and know firsthand how thin the line that separates me from the folks I represent. And for all my bold irreverence, I know a truth Christians know: All have sinned, and fallen well short of the glory of God.

But I am having a hard time summoning fight just now. I am tired, discouraged and filled with misgivings about the law and my role as a lawyer...

Grrr. Bark. Woof. Good dog. (Wise Law Blog);

Blawg Review # 241 came on Pearl Harbor Day from Infamy and Praise;

Blawg Review #242 at Liklihood of Confusion, inspired by the Festival of Lights, was a joy;

Blawg Review #243 from Silverman Sherliker came out of London;

A round-up of the Blawg Reviews of the past year, and a time to vote for the best one.

And now, since Mrs. NY PI Blog is yelling at me to get off the damned computer and come have a drink, best wishes to all for a happy and healthy new year. (Except you, FindLaw, I'll see you Monday morning.)

Labels: Random Notes

New York gets a new blogger, doing his thing at Lou and The Law. Lou has been an occasional commenter here, and comes from the defense side of the aisle having worked as senior trial attorney for Liberty Mutual Insurance for almost 30 years. Worth reading for New York practitioners is Late Expert Disclosure Affidavits, and it is worth it because the statute governing expert affidavits doesn't actually have a time frame in it.

John Hochfelder rants against New York's appellate judges who knock down jury awards, but fail to explain why;

Mark Bennett has 16 Rules for Lawyers Who (Think They) Want to Market Online. Proceed with caution.

But Bennett missed this one: Don't use the names of your competitors as keywords for Google ads, as the Milwaukee personal injury firm of Cannon & Dunphy now learns as their name turns to mud;

And more from the attorney advertising department: Florida settles a case that now allows lawyers to use sites like Avvo and LinkedIn.

Carolyn Elefant on Google's new research tool, Google Scholar, and what it means for lawyers. I know what it means for me, as I discovered that I've been cited in a couple of law reviews, a litigation reporter, and a medical journal.

Mickey Mouse sued Donald Duck;

Is there a cause of action for Goth Discrimination?

What happens if you dress up like a suspect?

The family of a dead man -- who it turns out wasn't quite dead yet -- wants to sue the medical examiner;

As tort "reform" comes up in the debate over the health care bill -- along with screams of excess litigation and frivolous suits -- a reminder from Public Citizen that the actual data on tort trials is that they have decreased in number over the years;

Scott Greenfield shreds New York's new drunk-driver law;

The Personal Injury Law Round-Up is up at TortsProf; and

Blawg Review #238 is up at the Twin Cities Carry Journal, authored by Joel Rosenberg, prolific novelist, non lawyer and Jew With a Gun. His theme? Tolerance (and the lack thereof), with an introduction by one of the all time great political-humor songs.

Labels: Random Notes

New York's legislature overwhelmingly passed new laws that stop most insurers from jamming their feet into personal injury settlements seeking repayment of funds they used for medical care. (Plaintiffs were not entitled to receive these monies in verdicts, but that didn't stop insurers from trying to grab it anyway.) The bill awaits Gov. Paterson's signature. This is one bill that I've lobbied for in the past with the New York State Trial Lawyer's Association and hope to blog on in more depth in the future. For now, see Roy Mura's New York State Legislature Passes New Anti-Subrogation Law;

The number and amount of medical malpractice payments is down. Justinian Lane asks, What Medical Malpractice Crisis?

Of course, doctor's still want more immunity from law suits (Walter Olson @ Point of Law);

Perhaps reducing medical errors would be a better idea;

And maybe putting video cameras in the OR would be one way to do that, since this hospital seems to have problems with things like wrong site surgery;

You can find a ton of statistics on personal injury litigation at Ron Miller's blog. Do those stats conform to your notions of what is really happening? Like, for instance, who decides cases more favorably for plaintiffs? Judges or juries?

Blawg Review #237 is up at Christian Metcalfe's property law blog, with its theme of The Putney Debates. No, I won't explain then, he will.

Some other web carnivals to explore that often have legal links: Health Wonk Review; Grand Rounds from the world of medicine; and Cavalcade of Risk from the world of insurance.

Here are 50 great blogs by and for law professors. But precious few seem to be written by actual legal practitioners. Maybe the real world isn't all that important?

Another list of 50...free resources to create your own website;

Lastly, MarineTraffic.com is one really cool site (via Volokh). You can track tankers, cruise ships and the Staten Island Ferry.

Labels: Random Notes

I've been too busy to post much, but a few links that are interesting:

Lawyer of the Day award goes to George Lobb, who crashed the most unusual party of all: One to break ground on a new courthouse;

Blawg Review #229 is up at Blawgletter;

This may not come as a shock to most, but prostitutes are not a tax deduction;

The PopTort on malpractice liability schemes;

A federal judge quits because the salary isn't high enough. New York's judges, of course, still remain underpaid as well;

Best of luck to my friends running the 200-mile Reach the Beach Relay in New Hampshire, which I ran last year but couldn't make this year;

And Shana Tova to those celebrating the Jewish New Year this weekend.

Labels: Random Notes

Ron Miller with a round-up of personal injury law links;

It was supposed to be surgery on the other kidney;

The Consumerist gets sued by Cash4Gold for posting a note from a whistleblower, "in an attempt to force us to take the information down;"

TortsProf with the Personal Injury Law Round-Up;

Blawg Review #228 is up at Law is Cool with a law school student's perspective.

Labels: Random Notes

Comedian turned law student Jeremy Schacter (Cardozo, 2L) has been robbed. He thinks Mars candy stole one of his best jokes for a Twix commercial, and now he's thinking of suing;

Even Lamborghinis, at $240,000 a pop, can be lemons;

Ron Miller has thoughts on the different reasons that lawyers blog; and Beck/Herrmann discuss the life expectancy of many of them;

Mark Bennett has been writing tips on jury selection. His fifth one is called MacCarthy's Bar Rule, which is different than The Turkewitz Beer Test;

Ted Kennedy was the first US Senator to have a web site, you can see a screen shot here, and read four other non-mainstream tidbits here;

What killed Michael Jackson? Kevin M.D. wonders, was it really Conrad Murray?

Blawg Review #226 comes from overseas at Pink Tape;

TortsProf has this week's personal injury law round-up; and

And how long does it take you to walk 20 feet? Why so fast? Via Minor Wisdom, a video essay on how you learn a lot, just by watching:

Labels: Random Notes

Oprah sues over 50 companies and people for falsely claiming she endorsed various products. But I'm not one of them, and my experience with Oprah's lawyers may be one reason why;

A Swedish newspaper claims that Israelis are kidnapping Palestinians and harvesting their organs. Really. They said that. David Bernstein at Volokh covers the latest version of blood libel;

Scott Greenfield has been wondering why law profs such as Dan Solove at Concurring Opinions tend to ignore the law blogs of practicing attorneys. And Greenfield isn't exactly subtle about it;

Research by Bonnie Shucha in Wisconsin identifies the top 5 ways that legal malpractice occurs. Can you guess the top one before looking? (via Bluestone)

A rare case of a pharmacist going to jail over a botched prescription;

I love these stories: Tort "reform" advocate Fred Hiestand, general counsel of the Civil Justice Association of California, decides to bring a class action suit because his car was towed. All of a sudden, when he's the victim, class actions become a good idea. What a surprise. You can read about more tort reform hypocrites at the bottom of this Texas tort "reform" piece I wrote in April;

Roy Mura tackles an interesting question that pops up every so often, suits between family members. So, can an unemancipated child be held legally responsible to a parent for crashing mom's car into the garage?

New York's Central Park, perhaps the greatest urban park on the planet, was devastated in a freak storm, losing 500 trees;

Model Liskula Cohen won her court battle to learn the identity of a now shuttered website called Skanks in NYC where she'd apparently been slimed as "a psychotic, lying, whoring . . . skank," among other charming things. The author of the site, now revealed to the world, is Rosemary Port, and she responded with this gem as per today's New York Post: "I'm shocked that my right to privacy has been tampered with." Two lessons here: Don't write anything, even under cover of anonymity, that you are afraid to see in the local newspaper (see Flea). And don't pretend to be the victim if you are the villain. You only make matters worse.

And the Seattle Trademark Lawyer hosts Blawg Review #225 from an unlikely spot: The Pikes Place Market in, where else, Seattle.

---------------------

More:

TortsProf with the Personal Injury Law round -up; and with a call to New York practitioners if they would like to submit for publication in the Pace Law Review;

John Hochefelder has been guest blogging at Point of Law. (A PI guy guest blogging at ground zero for tort "reform?" Who'd a thunk it? Walter Olson, that's who'd a thunk it.) Hochfelder has this piece on baseball and assumption of risk;

Andrew Sullivan on Tort Reform Won't Fix Healthcare; (related stories from my joint can be found by clicking this tort reform link); More at the Washington Independent and Lexington Heraald-Leader;

New York Gov. David Paterson plays the race card, saying New Yorkers don't like him because he's black;

And Sarah Palin tries to jump into the medical malpractice fray and gets destroyed by the Pop Tort.

Labels: Random Notes

In the wake of the 68-31 vote confirming Judge Sotomayor, Prof. Michael Dorf does a quick review of the prior votes going back to 1975 and how things have changed;

Last week a New York woman was ticketed for breastfeeding in her car. So this week state senator Liz Krueger has organized a Breastfeeding Mothers' Subway Caravan.

Ron Miller rounds up some personal injury posts;

A 101 year old lawyer, who says the key to longevity is "not dying;"

Where does a 500 pound man hide a gun he is trying to smuggle into a jail?

Sui Generis with a weekly New York Legal News Round Up;

TortsProf with this week's Personal Injury Round-Up, which they have now been doing for over one year;

And Scott Greenfield pinch hits at Blawg Review for a reviewer that when AWOL. Seems some lawyer marketing type signed up to do the review but then didn't do the actual work. Greenfield isn't happy. Or surprised. It's a good thing he's good at venting. And in a two-fer, the anonymous Editor of Blawg Review does a part two of Blawg Review.

Labels: Random Notes

Another tort "reform" champion brings his own medical malpractice suit. And loses at trial. I wonder how many of his jurors had been prejudiced by all that nonsense about frivolous lawsuits that his favorite group has been peddling?

A blogger threatens a Crocs rep that, if he doesn't cough up free shoes for her, she'll write something bad about the company on her blog;

The Associated Press claims that using their headlines and a link to their articles requires a licensing agreement. In response, Scott Greenfield tells the AP to go suck eggs.

The Horizon Realty Group of Chicago did a bad thing. They sued a Twitter user with 20 followers for writing:

Who said sleeping in a moldy apartment is bad for you? Horizon realty thinks its okay.

Why did they sue the Twitterer? Because, as their spokesman says, "We're a sue first, ask questions later kind of an organization." This makes them (rightfully) this week's laughingstock of the web, despite their later attempt at damage control;

One defense lawyer tries to claim that while the number of class actions suits have dropped, the plaintiffs' lawyers haven't gone away, premising his argument on this comment (via PofL):

Let's be honest -- fish gotta swim, birds gotta fly, and plaintiffs' lawyers make their living filing lawsuits.

OK, send him back to law school. Plaintiff's lawyers don't make their living by filing suits. They only get paid for winning suits. Simply filing suits is the path to their own bankruptcy.

Pennsylvania wants to hire attorneys on contingency to bring drug legislation. But objections come up, as some folks think the state should be forced instead to run the billable hour meter.

Dr. Wes shows the importance of examining not only the patient, but what the patient brings with him to the exam room.

Does a Michael Jackson wrongful death suit have value, even if the issue of negligence can be proved? Hans Pope investigates;

Bill Childs has extensive Personal Injury Law Round-Up at TortsProf. My heartfelt condolences for his loss; and

Blawg Review #222 is up at the IP Think Tank.

Labels: Random Notes

How much is the life of a mother worth? Michigan Supreme Court Justice Robert Young said zippo. Nada. Bupkus. And this is the reason.

A spammer gets e-shamed out of a job by a blogger;

Torture lawyer John Yoo, who is teaching at Stanford and degrading its reputation, had a special, unannounced, visitor to his class. He wasn't pleased. And yes, it was videotaped.

Some folks have a good sense of humor about warning labels;

Since my kid got hurt at school, I can sue, right?

I submit a brief that I slaved over, and Westlaw and Lexis can use it for their personal profit? Is that right? (Volokh; Greenfield)

Flori-duh town outlaws fun:

Now, to be fair to the Clearwater City Council, since they passed this badminton-related deaths have dropped dramatically.

And TortsProf with the weekly Personal Injury Law Round-Up.

Labels: Random Notes

The state of medical care in Texas sees more potential for decline, as two whistle blower nurses are criminally charged after expressing patient safety concerns;

I've written before that the best way to put me out of business is for doctors to say "I'm sorry." Now comes yet another study on the subject;

A $348 wheelchair costs taxpayers $1,200;

William Safire adds to the discussion on "Sotomayor & Associates" in his On Language column in the New York Times Magazine. He also expected questions on the subject;

Nebraska to New York: Your bicameral legislature is a circus. Come watch how a nonpartisan, unicameral government works just fine;

Does this ad infringe on Apple's famous "I'm a Mac; I'm a PC" campaign?

Another lawyer tries to copyright his nastygram. Here's the analysis on why lawyer Martin Singer is full of hot air. With Greenfield (The Lawyer Letter Commandeth), me previously when Public Citizen called the bluff of John Dozier (Don't Post This Letter On The Internet!), The San Diego Reader (If You Use This, I'll Sue) and Overlaywered with more links.

This week The Complex Litigator gave us Blawg Review #221, from the perspective of a class action attorney. Last week it was Walter Olson at Overlawyered with Blawg Review # 220 who, shall we say, may not be as keen on class actions as others.

TortsProf with their 42nd iteration of the Personal Injury Law Round-Up; And in case you were keeping track, I ran 36 of these round-ups before exhaustion got the better of me. Brooks Schuelke did it for awhile, but it was likewise for him too much to do on a consistent basis. So a big tip of the hat to Bill Childs and his merry band of torts professors, not just for the quality of their links but for their stamina as they come up on their one year anniversary of doing it.

And the Naked Cowboy is running for Mayor. Why not?

Labels: Random Notes

Sarah Palin rants against frivolous ethics complaints. Then threatens her own frivolous action, for defamation. (PopTort, Turley, Sugerman);

Roy Mura celebrates 500 posts over at Coverage Counsel;

A million bucks for an ankle fracture? John Hochfelder describes how that happened;

Kevin, MD. asks: Did propofol, or Diprivan, kill Michael Jackson? And a slew of commenters add their two cents;

The Namby Pamby Attorney is proposing new legislation: The title of this act is "The Pedestrian Commuter Protection Act" (This act may also be referred to as "Move Bitch, Get Out Da Way"). Proceed with caution;

From Carolyn Elefant: If bloggers must disclose, why shouldn't bar associations?

New York City gets attacked by turtles. Yes, turtles, that is not a typo (NYT, City Room);

But that's not as odd as Batman and Superman getting arrested in Times Square for wearing their costumes. Really. And the Man of Steel didn't take kindly to it, either. (NY Mag, Intel)

Max Kennerly has a story that looks like it was written 50 years ago, but wasn't: Philadelphia Swim Club Refuses Black Children Because Of Their "Complexion" (with a follow-up today);

Ron Miller with a great collection of links for the July 4th weekend;

TortsProf with a personal injury law round-up, also July 4th edition;

Last week, Adrian Dayton did his ode to Twitter in Blawg Review #218 (though I'm not a fan of the service, as I said both before and after I tried it);

This week Cathy Gillis rocks 'n rolls through Blawg Review #219;

And if you'd like to have your own post considered for Blawg Review, Walter Olson is writing next week's Blawg Review #220, fresh on the heels of his 10th anniversary as a blogger. He has the details at Overlawyered.

Labels: Random Notes

I've been way too busy to post much of anything this week, but these round-ups have a ton of great stories:

Ron Miller has personal injury related links;

TortsProf with the weekly personal injury law round-up;

Nikki Black rounds up New York's legal news;

Blawg Review #216 is up at Family Lore. I've been called a lot of things in my life, but this is the first time I've been called a Lord.

Labels: Random Notes

The Citizen Media Law Project does a step-by-step analysis of how Tony La Russa's lawsuit against Twitter went viral;

Did a local news reporter cross the line of propriety here in a Sexaholics Anonymous report?

In an breathless "expose" ... an obviously inexperienced "investigative" reporter for a local cable news organization climaxed her over-the-top report by melodramatically bursting into a closed meeting of Sexaholics Anonymous "demanding answers" to her "disturbing questions" and expressing "frustration" that the startled sex addicts would not interrupt their meeting to sit down with her for impromptu on-camera interviews.

White Coat Notes continues his series of what it's like to be a medical malpractice defendant. In part 4, he talks about deposition prep and in part 5, the deposition itself.

Ron Miller has big concerns over Obama caving to medical lobby by enacting a "reform" in order to pass health insurance legislation.

The New York Times has an article today about A.I.G. balking at paying claims regarding the US Airways flight 1459 that ditched in the Hudson in January. In addition to lost property, some folks are now suffering from post-traumatic stress disorder. No surprise here, as I indicated on the day of the crash that was likely to happen.

And Blawg Review #215 sets sail at Carolyn Elefant's My Shingle, with a distinctly nautical theme.

Labels: Random Notes

For those finding this site after reading my quotes in a June 9th story in the Financial Times (of London), welcome.

(For other readers, the story deals with appointment of former September 11th Victim Compensation Fund Special Master Kenneth Feinberg to "a new role overseeing banks' compensation schemes to ensure that they do not reward unnecessarily risky behaviour." See: From 9/11 heartache to bankers bonuses)

I had previously written quite a bit of praise of Feinberg and his endless hours hearing the stories of victims in order to administer the fund that had been set up in the wake of the attack. (See: The Days After September 11th -- A Tribute To An Attorney)

From the article coming out on Tuesday the 9th is this part:

Eric Turkewitz, a New York lawyer who represented two of the victims, said he remained impressed by the stamina of Mr Feinberg. "He was a tremendous public servant," he said. "This is a guy who was personally hearing cases from early in the morning until late at night. How he did it and stomached it and stayed fresh for it after tale after tale I don't know."

If new visitors want to see at a glance some of the stories I've written about over the last couple of years, you can see this "best of" list that I update periodically.

And if it seems interesting, feel free to add me to your RSS feed. No extra charge.

(Related: Welcome Economic Times of India Readers!)

Labels: Random Notes

White Coat Rants, posting about his experience as a medical malpractice defendant, puts up his 2nd post on the subject, this one dealing with the retention of experts. A snippet to get you interested:

[My defense lawyer's] firm and the insurance company contacted me with the name of an expert that they had chosen to review the case. Everyone seemed impressed with his credentials. He was from a teaching program and his curriculum vitae was reportedly quite large. Hey, great, so if his testimony isn't that good he can roll up his "CV" and smack the plaintiff's expert around with it. Or we can use the CV for a doorstop during trial. Go for it.

Scott Greenfield suggests, strongly, that the generation of lawyers now appearing have some unreasonable expectations, and urges them to step away from the duckie. And don't miss the all-star video that goes with the post.

Cracked has The Six Most Terrifyiing Malpractice Cases Ever (h/t Ed.)

A Staten Island ferry crash victim gets an $18.3M award after his lawyer, Evan Torgan, turns down $10M. Then judge Jack Weinstein hacks the 33.3% legal fee down to 20%. Now the full fee is back, and even the plaintiff is happy about it.

A sinful Blawg Review #214 is up at Charon QC;

The Personal Injury Law Round-Up is up at TortsProf;

What do baseball players do when they retire with decades of work life ahead of them? Did you guess "Become a spammer for yet another search engine optimizing company?" Ken @ Popehat has the details in Search Engine Optimizers: One Step Up From the c1@li$ marketers. But don't miss the comments where former ballplayer Jamie Spotzz --unless it is an imposter -- ups the ante with a legal threat.

I learned of OldJewsTellingJokes.com from Orin Kerr at Volokh, and immediately found the story of the chicken dispute. How does the dispute get resolved? Ar their lawyers involved? Yeah, well, you gotta watch...

Labels: Random Notes

Last year I wrote of how Esmin Green collapsed and died in the waiting room at Kings County Hospital, after waiting there for 24 hours. But the person that wrote she was "awake, up and about" apparently wasn't aware that there was video, showing she had collapsed 1/2 hour before. Outrage followed. That case has now settled. See: Waiting Room Death Case Settles at TortDeform, Some justice for Esmin Green at last at Islandista, and City Settles For $2 Million In Death Of Neglected Patient at the Gothamist.

In the Bronx, one cop shot to death another. The Daily News has taken the racial angle on the shooting right away: Black cop killed by white officer: Horror in East Harlem as off-duty rookie is shot pursuing suspect;

Day on Torts has a piece on 39 ways for doctors to get sued for for not diagnosing breast cancer or not properly treating it when it has been diagnosed. The list comes from a medical malpractice insurer.

TortsProf with their 38th iteration of the Personal Injury Round-Up, continues to provide an outstanding weekly overview of all that was written about this field of law in the last week;

And there is no need to panic, Blawg Review #213 at Cyberlaw Central came right on time on Towel Day. So hitch on over for a round-up on the week in law and, perhaps, a few candid shots of law bloggers with their favorite towels. And yes, I am in there.

Labels: Random Notes

I don't generally agree with Beck/Herrmann at their Drug and Device Law Blog, but when a student publishes a piece in the Stanford Law Review concluding that "the legal profession should consider regulating ex parte blogging" (that stops lawyers from blogging about their cases) they shoot the idea down dead in its tracks.

I often talk about medical mistakes here, since a large part of my law practice has revolved around them. But this is the exact opposite: An ER doc used a handyman's drill to power into a kid's skull to save his life (Scalpel or Sword?).

New York gets it's first cupcake truck. Life doesn't get better than that. Now we got everything.

Rudy Giuliani's kid, Andrew Guiliani, is about to lose the suit he brought after getting bounced off the Duke golf team (for throwing an apple in the face of another player). Scott Greenfield had previously covered it with this sharp note in The Apple Didn't Fall Far From Rudy's Tree:

Too aggressive. Violent tendencies. Inappropriate behavior. Doesn't get along with others. I wonder what caused young Andrew to behave this way?

But the story gets legs because Magistrate Judge Wallace W. Dixon filled his decision (a recommendation to the District Judge) with a Caddyshack reference and golf metaphors about the kid, writing that he:

"tees up his case," but his analysis "slices far from the fairway," and by changing his legal argument Giuliani is "trying to change clubs after hitting the golf ball."

The kid's lawyer, no doubt, wishes he could take a mulligan on his decision to take the case.

At Above the Law, "Roxana St. Thomas" has been writing about what it's like to be laid off from BigLaw, and now ventures into the miserable world of document review as a temporary worker. Given her writing skills, it's clear that her considerable talents are being wasted.

The PopTort has a piece on immunity for in military hospitals for malpractice, and how that immunity creates a lax atomosphere that causes more malpractice. Prof. Jonathon Turley has been a leading critic of the so-called Feres Doctrine that grants that immunity.

Chris Robinette, one of the TortsProfs, has an article out on apologies from doctors after mistakes. Much has been written on this lately, and this is my bit from last year: How to Put Medical Malpractice Attorneys Out of Business.

Also at TortsProf, their 37th iteration of the Personal Injury Round-Up.

The Namby Pamby Attorney has some very interesting ideas on how to cut down on expert medical costs.

An entertaining Blawg Review #212 made its debut this week at Current Trends in Copyright, Trademark & Entertainment Law (and you thought my blog name was long?)

And finally, this is now Memorial Day weekend, the unofficial start of summer with its relaxed dress and BBQs. Of course, it came with a price, and I'm not talking about sales.

Labels: Random Notes

The FDA thinks that Cheerios are being marketed as drugs and sends a warning letter to General Mills (A Georgia Lawyer). I wonder what the FDA would think of chocolate frosted sugar bombs?

Father and son to oppose each other in primary election. That's a headline you don't see too often, but it's true. In Westchester County (NY):

When County Executive Andrew Spano announced last week he was seeking a fourth term, he didn't name either of his challengers - Republican Rob Astorino or his own son, David Spano, who wants to run against him in the Democratic primary.

Somebody Got Murdered: Knifing in the Bronx (Village Voice: Runnin' Scared):

If someone gets killed in Central Park, it's big news. Not so when it happens in one of the city's lesser known parks. The murder of a 23-year-old woman in St. Mary's Park in the Bronx yesterday around lunchtime didn't even merit an article in the local tabs.

If health care is one of your interests, the Worker's Comp Insider has this week's Health Wonk Review;

Ron Miller with a variety of personal injury links;

Labels: Random Notes