Litigation

Around the web, March 16

By Ted Frank

• Trask on Wal-Mart v. Dukes. [WLF]
• $90 million Illinois asbestos verdict on a theory of causation ridiculously attenuated even for the sad standard of Illinois asbestos cases. "Owens-Illinois was assessed $40 million in punitive damages and Honeywell International Inc. and Pneumo Abex were assessed $20 million each, even though there were no allegations by the plaintiff in the case that he ever worked for, or was exposed to any asbestos-containing materials made by the three companies." [ILR]
• California bill would take punitive damage amounts away from California juries. Not clear to me what this accomplishes, other than perhaps removing the interim step of asking the judge to reduce the jury's punitive-damages award. But without a non-economic damages cap of some sort, the result is still effectively uncapped punitive damages. [Cutting]
• Mississippi Highway Safety Patrol on hook when fleeing criminal kills man in car accident. Of course, if criminals know that the way to have police stop chasing them is to drive recklessly, we'll see more criminals driving recklessly (and escaping and committing more crimes), so it's not clear what tort liability accomplishes here other than punishing innocent taxpayers. [Clarion-Ledger via Torts Prof]

• Sixth Circuit attempts to reverse Tinker for "racially hostile" speech. Doubtful Supreme Court will concede the issue. [Volokh; Defoe v. Silva; Judge Boggs dissent from denial of rehearing en banc]
• Trial begins in IJ "blight" eminent domain case in San Diego. []
• Nobody likes Ted Frank. (Not clear what Facebook accomplishes with this page.) [Facebook]

Full post as published by Point of Law on March 16, 2011 (boomark / email).