We have a lot going on today, so we’ll get right to it.

On Wednesday, the U.S. Chamber of Commerce’s Institute for Legal Reform released their survey, "Lawsuit Climate 2008: Ranking the States." AAJ had their press release on Tuesday. There are all kinds of blogs linking to the "study" and the response, but surprisingly few have any real analysis of either. I have two quick points. (1) Clearly there are questions about the methodology (simple interviews of corporate counsel at companies with over $100 million in revenue), but I think the study also shows that those interviewed are out of touch with the realities of litigation. When asked to name the number one thing needed to improve the litigation environment, the most cited item was "speeding up the trial process." I won’t speak on behalf of any of my other plaintiff brethren, but in my almost 15 years of doing this, I cannot remember any corporate defendant doing anything to help speed up the trial process. Indeed, the opposite is usually true. The large defendants, I find, are more likely to engage in more useless discovery fights, file more frivolous motions, and then attempt to continue the trial once we get a trial setting. (2) One admission in the study is startling. The executive summary states:

as we have noted in the past, perception does become linked with reality. If the states can change the way litigators and others perceive their liability systems, we may find considerable movement in their rankings in the future. Once these perceptions change, the overall business environment may be deemed more hospitable as well.

It’s just another example that the Chamber has learned the lessons of the Iraq war: If you repeat the lie enough, then eventually people will believe it.

Also a tort reform issue, Eric Turkewitz notes that New York medical grads are staying in New York and that few are leaving because of malpractice concerns.

On med mal, Kevin MD had an op-ed piece in USA Today on defensive medicine.

And similarly, the Happy Hospitalist goes off on the Feres doctrine.

And Kia Franklin at Tort Deform has a nice roundup of some arbitration articles.

A New York jury poured out the construction worker who filed an assault and battery suit after the hospital performed a rectal exam without his agreement. There are a lot of potential improper comments possible with this post, but I’ll just leave those alone.

But in New Jersey, a jury awarded $10.2 million in an Accutane case.

Atlanta personal injury lawyer Ken Shigley reports that the Federal Motor Carrier Safety Administration is recommending sleep apnea testing for some truck drivers.

It is apparently not a good time to be eating at Chipotle restaurants. In Kent, Ohio, more than 400 people (including many Kent State students) became ill after eating at their local Chipotle. And in San Diego, at least 12 people contract Hepatitis A from their local Chipotle.

In Chicago, Benny the Bull and the Chicago Bulls were sued after a high-five ruptured an oral surgeon’s bicep.

From Pharmalot, drug companies are falling behind in their promises for post-marketing studies.

Virginia personal injury lawyer (and all around good guy) Mike Phelan points to a study showing a link between traumatic brain injuries and increased risk of dementia. It’s good to finally have some literature that we can rely on in making these assertions.

John Day continues his series with How to Be A Great Trial Lawyer, part 13.

And the always top-notch Anne Reed has a very disturbing post entitled Lawyers: So Certain, So Wrong.

Earth Day 2008, Law Firms Going Green

Gas Saving Tips from the Los Angeles personal injury blog.

Happy Earth Day (with tips) from TortsProf.

And Overlawyered has a link to an old Onion story entitled "Earth To Be Made Child-Safe."

Thanks again for reading. I hope all of you have a better weekend than Wesley Snipes.

Brooks Schuelke

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written by Anne Reed , April 25, 2008

Thanks for the link and even more for the kind words. It's great that this round-up is still going strong.

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