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 Things are heating up here in Austin — literally. We’ve already had ten days where we topped the 100 degree mark (and we only average 11 per year). But I guess that’s all the more reason to stay inside the office and keep plugging away at justice.
First, a look at tort "reform" issues.....
The Center for American Progress has an issue devoted to medical malpractice reform. It has views from all sides so it has something for all. The one disagreement I have is "Personal History: A Day in the Life" story is written by a doctor from Austin. After she describes her trial, she notes that suits are causing there to be a shortage of docs in Austin to deliver babies. That has certainly not been my experience. This may be anecdotal, but I have two young kids and most of my friends are either having kids or have just had kids and no one has ever mentioned any difficulty in finding a doc. A quick Google search for Austin Texas OB/Gyn shows no shortage, including 491 registered with the Google Maps function. TortDeform has a post on the same article, with interesting comments. Many of the comments seem at least arguable, but I wish the person using the name Supremacy Claus would reveal his or her true identity. Many of those comments show a real lack of understanding of the civil justice system or a simple willingness to distort the truth.
Unfortunately, there are several instances of plaintiffs’ lawyers behaving badly this week. (I guess it’s good that we also do legal malpractice work). Anyway, in Philadelphia, a personal injury lawyer was sentenced after being convicted for pursuing false personal injury claims and paying three runners. Perhaps the attorney should have added "Are you an undercover FBI agent?" to his intake questionnaire. But seriously, this is a critical problem that those of us that practice legitimately want prosecuted.
Staying on that topic, Milberg agreed to pay $75 million to resolve criminal charges.
Over in New Mexico, a personal injury lawyer has been practicing without a license.
And finally, the saga of Kentucky fen-phen lawyers accused of taking a mere $65 million from their clients continues.
On to the litigation news...
Two new class actions have been filed based on faulty nutritional info on restaurant menus.
The Supreme Court is once again going to visit the Philip Morris punitive damage award.
From Pharmalot, one expert says Pfizer brushed aside his concerns about Chantix.
Bill Marler is now being castigated by the American Tort Reform Association for his "vegetable chasing." But Jane Genova comes to his defense. Really, the ATRA calling anyone out for attempting to mislead the public is just comical. Pot/kettle. And that’s not just my opinion. Justinian Lane asks whether the ATRA is simply lying or lazy.
And for some scary reason, crane accidents seem to be more and more common. This week alone there were two crane incidents in Dallas, including one at the new home of the Dallas Cowboys.
We take a trip overseas this week, where a man’s tumor turned out to be a surgical towel.
And I missed this one last Friday, but an actor in a wild west show was shot with real bullets. That’s one vacation memory the kids aren’t likely to forget. Naturally, a lawsuit has been filed.
And now, on to the miscellaneous...
In Australia, after 105 witnesses and 3 months of evidence, a trial was aborted when the judge caught the jurors playing Sudoku.
Blawg Review #163 is up at More Partner Income.
In the bizarre story of 9th Circuit Judge Alex Kozinski, Kozinski has now asked for an investigation of himself.
Thanks for reading, and watch out on the roads this weekend. A new study finds that teens are still using cell phones while driving.
Have a great weekend.
Brooks Schuelke
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