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Litigation

Point of Law Point of Law

Information and opinion on the U.S. litigation system with a reformist perspective.
By Manhattan Institute

Post Frequency: 7.5/day

Last Entry: November 21, 2009 at 09:28:28

Recent Entries: 2368

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Posts

"Jury rejects prosecutor's rigged game"

Posted on November 21, 2009


AP poll: most favor limiting med-mal awards

Posted on November 21, 2009



Around the web, November 20

Posted on November 20, 2009


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State of ethics in Albany

Posted on November 19, 2009





Product liability and the CPSIA database

Posted on November 19, 2009


Waiting for pleural plaques in the UK

Posted on November 19, 2009






Writer sought on class-action project

Posted on November 18, 2009


Welcoming guestblogger Jim Twu

Posted on November 18, 2009


Around the web, November 18

Posted on November 18, 2009



Thoughts on the Litigation Lottery II

Posted on November 17, 2009


Obama judicial nominations and the NYT

Posted on November 17, 2009







In West Virginia, judicial reforms proposed

Posted on November 17, 2009



Connecticut and hedge-fund regulation

Posted on November 16, 2009



Around the Web

Posted on November 16, 2009


Prairie dog bite: $328,370

Posted on November 15, 2009



Around the web, November 14

Posted on November 14, 2009






A Lot Happens in 15 Years

Posted on November 13, 2009



Jerry Brown: California is over-regulated

Posted on November 12, 2009


Around the web, November 12

Posted on November 12, 2009



Veteran Faces Jail Time for Good Deed

Posted on November 12, 2009


Bear Stearns Two acquittal

Posted on November 11, 2009


WSJ on House health care bill...

Posted on November 11, 2009



San Francisco's asbestos court, cont'd

Posted on November 10, 2009




"Survey: U.S. docs want tort reform"

Posted on November 10, 2009


Around the web, November 9

Posted on November 09, 2009


Blumenthal's itchy trigger finger?

Posted on November 09, 2009






"Chloroform for tort reform"

Posted on November 06, 2009


Federal paid sick leave mandate?

Posted on November 06, 2009


Small business Sarbanes-Oxley exemption

Posted on November 06, 2009


Revoking telecom immunity

Posted on November 06, 2009




"Tuesday's Biggest Loser: the Union Agenda"

Posted on November 05, 2009




Jones v. Harris, cont'd

Posted on November 04, 2009



James Copland, "Tort-Bar Treat"

Posted on November 04, 2009


Around the web, November 4

Posted on November 04, 2009




Law Professor Sues "Above the Law"

Posted on November 03, 2009


Feres Doctrine overturn advances in House

Posted on November 03, 2009


Around the web, November 3

Posted on November 03, 2009



Around the web, November 2

Posted on November 02, 2009


Schwab v. Reilly Overview

Posted on November 02, 2009


Apropos Philadelphia trial lawyers

Posted on November 02, 2009




Blawg Review #236

Posted on November 02, 2009


"Tort lawyers target mutual funds"

Posted on November 02, 2009


AG Cuomo and securities-suit pay-to-play

Posted on November 01, 2009


New Jersey Supreme Court

Posted on October 31, 2009





Around the web, October 30

Posted on October 30, 2009


"Alien Tort Claims Act Cases Keep Coming"

Posted on October 29, 2009







"Outcomes, outcomes"

Posted on October 28, 2009



Speaking at Columbia Law tomorrow

Posted on October 28, 2009


Around the web, October 28

Posted on October 28, 2009


Around the web, October 27

Posted on October 27, 2009


The Toshiba settlement, 10 years later

Posted on October 27, 2009


House hearing on Iqbal/Twombly

Posted on October 27, 2009


Marc Hodak on bank compensation curbs

Posted on October 26, 2009


Galleon's legal sideshows

Posted on October 26, 2009


Around the web, October 26

Posted on October 26, 2009


Reporting the Ledbetter case

Posted on October 25, 2009



Around the web, October 23

Posted on October 23, 2009



Shrinking under the pay TARP

Posted on October 23, 2009





Around the web, October 22

Posted on October 22, 2009




Trial lawyers Inc. on health care, cont'd

Posted on October 21, 2009


Committee action on OSHA nominee postponed

Posted on October 21, 2009


Galleon insider-trading charges

Posted on October 21, 2009






"Massachusetts Adopts Medical Monitoring"

Posted on October 20, 2009



The Legal Services Corporation nominees

Posted on October 20, 2009




"Yes, the CRA is toxic"

Posted on October 19, 2009


B & B: radiology reports stay secret

Posted on October 19, 2009


Around the web, October 19

Posted on October 19, 2009



Around the web, October 17

Posted on October 17, 2009





CALPERS scandal

Posted on October 16, 2009







Wolf protection lawsuits

Posted on October 15, 2009


Around the web, October 15

Posted on October 15, 2009


Pay-to-play, the bipartisan way

Posted on October 01, 2009


Yokoyama v. Midland National Life

Posted on October 01, 2009


Around the web, October 1

Posted on October 01, 2009


Around the web, September 30

Posted on September 30, 2009


Quest for Chinese drywall defendants

Posted on September 30, 2009


Amicus briefs in TVA nuisance case

Posted on September 30, 2009


Is Lobbying a Crime?

Posted on September 30, 2009



Dahlia Lithwick vs. the Roberts Court, cont'd

Posted on September 29, 2009


Med-mal reform's Capitol Hill graveyard

Posted on September 29, 2009


Tobacco regulation moves forward

Posted on September 29, 2009


Policing a profession

Posted on September 29, 2009



Around the web, September 29

Posted on September 29, 2009



EEOC publishes new ADA regulations

Posted on September 28, 2009


Second Circuit CO2 ruling, cont'd

Posted on September 28, 2009



Around the web, September 27

Posted on September 27, 2009


Asbestos trusts and tax law

Posted on September 26, 2009



Feature not bug dept.

Posted on September 26, 2009


Around the web, September 25

Posted on September 25, 2009


Writers sought on class-action project

Posted on September 25, 2009



"A public plan for malpractice"

Posted on September 25, 2009




CALPERS' Phil Angelides

Posted on September 24, 2009


Pennsylvania high court vacancy

Posted on September 24, 2009




Chamber on state-AG pay-to-play

Posted on September 23, 2009


Tobacco suits stumbling?

Posted on September 23, 2009


Federal-level wage and hour suits

Posted on September 23, 2009


Judge moves to ban sugar-beet crop

Posted on September 23, 2009


Missouri med-mal reform

Posted on September 22, 2009




Eric Posner on the myths of international law

Posted on September 22, 2009


Specter's bill to overturn Stoneridge

Posted on September 22, 2009



Around the web, September 21

Posted on September 21, 2009




The med-mal pilot project known as "Texas"

Posted on September 20, 2009



Around the web, September 18

Posted on September 18, 2009


Corporations as fictional individuals

Posted on September 18, 2009


"Don't Buy Specter's EFCA 'Compromise'"

Posted on September 18, 2009



Legal reform as a New Jersey issue

Posted on September 18, 2009




Around the web, September 17

Posted on September 17, 2009


Democrats plan expansion of OSHA statute

Posted on September 17, 2009


Big Paxil Test Case Begins in Philadelphia

Posted on September 17, 2009


Oct. 28 Chamber Legal Reform Summit in D.C.

Posted on September 17, 2009



Around the web, September 16

Posted on September 16, 2009


Expansion of class actions in the UK

Posted on September 16, 2009



"Acorn's a Creature of the CRA"

Posted on September 16, 2009




Around the web, September 15

Posted on September 15, 2009



Setbacks for California foreign policy

Posted on September 14, 2009


"There's a Pennoyer in My Foyer"

Posted on September 14, 2009




Around the web, September 13

Posted on September 13, 2009


National Journal blogger's poll on med-mal

Posted on September 12, 2009


Around the web, September 11

Posted on September 11, 2009


Game theory and med-mal settlements

Posted on September 11, 2009



Beaumont, Texas turning away venue-shoppers?

Posted on September 10, 2009



Reforming labor law: while we're at it

Posted on September 10, 2009


Welcoming blogger S. Todd Brown

Posted on September 09, 2009


Failures of Bridgeport civic governance

Posted on September 09, 2009


Around the web, September 9

Posted on September 09, 2009



"Obama's Medical-Malpractice Opportunity"

Posted on September 09, 2009


Around the web, September 8

Posted on September 08, 2009





"10 Reasons Docs Order Expensive Tests"

Posted on September 08, 2009


Around the web, September 7

Posted on September 07, 2009



"Criminalization of Corporate Conduct" panel

Posted on September 06, 2009


N.Y.: A Martin Act private right of action?

Posted on September 05, 2009



Black, Hyman and Silver on early offers

Posted on September 04, 2009



Around the web, September 4

Posted on September 04, 2009


Notice pleadings, the AAJ takes notice

Posted on September 04, 2009


Doing away with industrial banks

Posted on September 04, 2009


Campaign to undermine MICRA, part CLXXXVI

Posted on September 03, 2009


Louisiana's state-run property insurer

Posted on September 03, 2009


"Herron, Peirce granted summary judgment"

Posted on September 03, 2009


Around the web, September 3

Posted on September 03, 2009



At the Michigan Supreme Court

Posted on September 02, 2009


Against insider trading on Capitol Hill

Posted on September 02, 2009


Around the web, September 2

Posted on September 02, 2009



"Albany takes a look at medical malpractice"

Posted on September 01, 2009


Around the web, September 1

Posted on September 01, 2009


"N.Y. Extends Med Mal Rate Freeze"

Posted on August 31, 2009







2009 census of law professor blogs

Posted on August 29, 2009


Around the Web, August 28

Posted on August 28, 2009



Around the Web, August 27

Posted on August 27, 2009




Around the Web, August 26

Posted on August 26, 2009





Around the Web, August 24

Posted on August 24, 2009



John Stossel vs. Mount Sinai Hospital

Posted on August 22, 2009





Med-mal on Andrew Sullivan's blog

Posted on August 21, 2009






Michael Vick and employment law

Posted on August 20, 2009


Around the web, August 20

Posted on August 20, 2009



Around the web, August 19

Posted on August 19, 2009




Dodging NYC's menu-calorie law?

Posted on August 19, 2009


Will Number 25 Be The Charm?

Posted on August 19, 2009


Around the web, August 18

Posted on August 18, 2009



"Mutual funds and the new paternalism"

Posted on August 18, 2009


Everyone wants a law school, cont'd

Posted on August 17, 2009







Cramdown still lurking

Posted on August 16, 2009


Some ideas on taxing punitive damages

Posted on August 15, 2009



"Like a Doctor Catching the Disease"

Posted on August 14, 2009


Surgeons vs. Obama

Posted on August 14, 2009


Michigan's economic woes

Posted on August 14, 2009



Assistant principal's swine flu death

Posted on August 14, 2009



Intel and international human rights law

Posted on August 14, 2009



Systemic Indifference

Posted on August 13, 2009


Reversing preemption, one reg at a time

Posted on August 13, 2009


Accountability is good

Posted on August 12, 2009



Guestblogger thanks; posting lull

Posted on August 11, 2009





August 10 roundup

Posted on August 10, 2009



WSJ editorial page vs. Arlen Specter

Posted on August 10, 2009



Around the web, August 7

Posted on August 07, 2009



"Autism Omnibus Appeal Dismissed"

Posted on August 07, 2009


An update about Cass Sunstein, CPSC

Posted on August 07, 2009


EFCA vs. employers' speech

Posted on August 07, 2009


Chrysler and Sales Free and Clear

Posted on August 07, 2009


Suffolk U. and the Massachusetts AG

Posted on August 06, 2009



Trial Lawyer Tax Break Update

Posted on August 06, 2009


Pre-Emption Issue Gets Space in WaPost

Posted on August 06, 2009


OSHA nominee: Certitude is his product

Posted on August 06, 2009



McCain's Thorough Analysis of Sotomayor

Posted on August 05, 2009



Heritage on medical devices

Posted on August 05, 2009




Examiner picks up Hasnas/Seigel debate

Posted on August 05, 2009




"Farewell to the Law Lords"

Posted on August 04, 2009



"Card-Checked: The Game"

Posted on August 04, 2009


W.R. Grace Chapter 11

Posted on August 04, 2009



Sampling med-mal verdicts

Posted on August 03, 2009


IUDs: "The best birth control"

Posted on August 03, 2009




Philip K. Howard on health care reform

Posted on August 02, 2009


FDR's Court-packing, revisited

Posted on August 02, 2009











From inside the AAJ convention

Posted on July 30, 2009




New at Overlawyered

Posted on July 29, 2009


Reid planning to "railroad" EFCA?

Posted on July 29, 2009


Featured discussion continues

Posted on July 29, 2009



Not So Fast, Mrs. Madoff

Posted on July 29, 2009



The Specious Claim Market

Posted on July 28, 2009


Around the web, July 28

Posted on July 28, 2009


Felons' right to vote case

Posted on July 28, 2009


Another Scruggs-Related Guilty Plea

Posted on July 28, 2009


Around the web, July 27

Posted on July 27, 2009


Blawg Review #222

Posted on July 27, 2009



Guestblogger this week: S. Todd Brown

Posted on July 27, 2009


GM and Chrysler

Posted on July 27, 2009



A UAW pension bailout

Posted on July 26, 2009








Back to the bad old days on pleading?

Posted on July 24, 2009



Around the web, July 23

Posted on July 23, 2009




"Card check comes to campus"

Posted on July 23, 2009





Overcriminalization, continued

Posted on July 22, 2009



Sotomayor and the law-school hothouse

Posted on July 21, 2009


Around the web, July 21

Posted on July 21, 2009



Part carrot, part stick

Posted on July 21, 2009


Around the web, July 20

Posted on July 20, 2009


Blawg Review #221

Posted on July 20, 2009


EFCA "compromise", the latest round

Posted on July 20, 2009


The civil litigation death penalty

Posted on July 20, 2009


Consumer arbitration in retreat

Posted on July 20, 2009



Glenn Greenwald vs. Sonia Sotomayor

Posted on July 19, 2009






Bounty-hunters' paradise?

Posted on July 17, 2009


Payouts by bankrupt asbestos trusts

Posted on July 17, 2009


New chair at the EEOC

Posted on July 17, 2009


Here's a business plan

Posted on July 17, 2009



Around the web, July 16

Posted on July 16, 2009



Hedge fund regulation, cont'd

Posted on July 16, 2009



Revisiting the Estrada nomination

Posted on July 15, 2009


Sovereign immunity dept.

Posted on July 15, 2009



John Avlon, "Sue City"

Posted on July 15, 2009




Jeffrey Toobin's slam on John Roberts

Posted on July 14, 2009



Around the web, July 14

Posted on July 14, 2009




Wisconsin lead paint decision

Posted on July 13, 2009



At Overlawyered: Blawg Review #220

Posted on July 13, 2009





Sotomayor and white-collar crime

Posted on July 10, 2009




Class actions come to Italy

Posted on July 10, 2009


Around the web, July 9

Posted on July 09, 2009





Around the web, July 8

Posted on July 08, 2009


Sotomayor "and Associates"

Posted on July 08, 2009


California electronic discovery

Posted on July 08, 2009







Lawmakers who wear two hats, cont'd

Posted on July 06, 2009



Chinese drywall litigation

Posted on July 06, 2009





Nicholas Kristof on med-mal reform

Posted on July 03, 2009




Around the web, July 3

Posted on July 03, 2009


Calling in consultants in the ER

Posted on July 02, 2009







"Cloud" computing and employment law

Posted on July 02, 2009




"Did the Court move right?"

Posted on July 01, 2009


Around the web, July 1

Posted on July 01, 2009


No shrinking regulatory violet

Posted on July 01, 2009







Suing the scientific advisor

Posted on June 29, 2009




Deformed frogs and chemical exposures

Posted on June 28, 2009


Around the web, June 27

Posted on June 27, 2009


Around the web, June 26

Posted on June 26, 2009









Economist/YouGov poll on med-mal

Posted on June 25, 2009


Oklahoma's new liability reform

Posted on June 25, 2009





On Richard Epstein

Posted on June 24, 2009




Guestbloggers for Point of Law

Posted on June 24, 2009






Around the web, June 23

Posted on June 23, 2009


Wetlands: a legislative inundation

Posted on June 22, 2009



Twelve claims a day

Posted on June 22, 2009





Examiner on whistleblower law

Posted on June 20, 2009




Around the web, June 19

Posted on June 19, 2009


John Stossel...

Posted on June 19, 2009


Judge Sotomayor's club

Posted on June 19, 2009


Medical devices, the hearing

Posted on June 19, 2009




States move to protect ER docs

Posted on June 18, 2009



Jose Canseco, Tort Lawyer...

Posted on June 18, 2009


Around the web, June 18

Posted on June 18, 2009



Alabama, sunlight or subsidy?

Posted on June 17, 2009



Sotomayor and gun rights, cont'd

Posted on June 17, 2009



Kingmaking in Alabama politics

Posted on June 16, 2009



EFCA and union pension plans

Posted on June 15, 2009



Kafka 1, CAFA 0

Posted on June 15, 2009





NYC rentals: stay of execution

Posted on June 14, 2009



"Texas Tort Victories"

Posted on June 13, 2009


Around the web, June 12

Posted on June 12, 2009


Judge Weinstein on mass torts

Posted on June 12, 2009






New York State Senate's switch

Posted on June 11, 2009



The legal angle to energy policy

Posted on June 11, 2009





Around the web, June 10

Posted on June 10, 2009





Vaccine preemption

Posted on June 09, 2009


Left holding the asbestos bag

Posted on June 09, 2009


Whelan vs. "Publius", the sequel

Posted on June 09, 2009


Shell Settles ATCA Nigeria Suit

Posted on June 09, 2009



Sotomayor nomination roundup

Posted on June 09, 2009




Around the web, June 8

Posted on June 08, 2009


Initial thoughts on Caperton

Posted on June 08, 2009





Controls on Wall Street pay

Posted on June 08, 2009


Criminalizing medical errors

Posted on June 08, 2009


Crunchberries and 17200

Posted on June 08, 2009


Sotomayor and securities litigation

Posted on June 07, 2009



Anonymous blogging: a second view

Posted on June 07, 2009




"Crunchberries", part 2

Posted on June 06, 2009


Around the web, June 5

Posted on June 05, 2009





State of play on EFCA

Posted on June 05, 2009




"The Peculiar Problem of 'Peekaboo'"

Posted on June 05, 2009


Arizona upholds expert-witness reform

Posted on June 05, 2009



Volokh on judging and "policy"

Posted on June 05, 2009



Around the web, June 4

Posted on June 04, 2009




New law blog from UK's Times Online

Posted on June 04, 2009


Sotomayor and the ADA/bar-exam case

Posted on June 04, 2009


She's no Harold Koh...

Posted on June 04, 2009



Around the web, June 3

Posted on June 03, 2009


Thoughts on litigation financing

Posted on June 03, 2009


Sotomayor: non-counterfeit enthusiasm

Posted on June 03, 2009




Somin rebuts Hemel

Posted on June 03, 2009






Blawg Review #214

Posted on June 02, 2009



Case Sampling and Sotomayor

Posted on June 02, 2009




"The U.S. Can't Be the World's Court"

Posted on June 01, 2009


Around the web, June 1

Posted on June 01, 2009




Sotomayor, Dabit, and preemption

Posted on May 30, 2009


Sotomayor in business-law cases

Posted on May 30, 2009


Oklahoma enacts liability reform

Posted on May 29, 2009



MICRA's constitutionality

Posted on May 29, 2009


Quoted on Sotomayor

Posted on May 29, 2009



Suing over defective Chinese drywall

Posted on May 28, 2009



WSJ: "Blinding arbitration"

Posted on May 28, 2009



Sotomayor nomination roundup

Posted on May 28, 2009


Sotomayor on school discipline

Posted on May 28, 2009


Iqbal and pleading, cont'd

Posted on May 27, 2009


Sotomayor: not so very liberal?

Posted on May 27, 2009


On TV: Jim Copland on Sotomayor

Posted on May 27, 2009



Around the web, May 27

Posted on May 27, 2009





Business and the Court

Posted on May 26, 2009



Sotomayor and the Second Amendment

Posted on May 26, 2009






Wally on Sotomayor

Posted on May 26, 2009




WSJ Blasts Oklahoma's AG

Posted on May 23, 2009



Symposium on the Souter seat

Posted on May 22, 2009


New credit-card bill

Posted on May 22, 2009



Office-lobby slip-falls

Posted on May 22, 2009


Mail-in union balloting

Posted on May 22, 2009



Annals of press independence

Posted on May 22, 2009


If it's Sotomayor...

Posted on May 22, 2009


"We have to terrorize these bankers"

Posted on May 22, 2009


Scruggs' good press

Posted on May 22, 2009


Around the web, May 21

Posted on May 21, 2009










Down in flames...

Posted on May 19, 2009






Blaming deregulation

Posted on May 18, 2009



Prop 65's expanding chemical list

Posted on May 18, 2009



Asbestos-removal training

Posted on May 18, 2009


Cap and trade, the litigation angle

Posted on May 18, 2009


Dressing up EFCA for another try

Posted on May 17, 2009


Another blogger makes good

Posted on May 16, 2009






Around the web, May 15

Posted on May 15, 2009


Around the web, May 14

Posted on May 14, 2009






Schumer's "say on pay"

Posted on May 13, 2009


WSJ on banana-worker-suit scandal

Posted on May 13, 2009



GMAC bailout

Posted on May 13, 2009



_What_ employer advantage?

Posted on May 13, 2009




Around the web, May 12

Posted on May 12, 2009





Wanted: more antitrust complaints

Posted on May 11, 2009


Coming to a school near you

Posted on May 11, 2009










Hartmarx, the next Republic Windows?

Posted on May 09, 2009


Oregon's distinctive securities law

Posted on May 08, 2009



New York bans bug bombs

Posted on May 08, 2009


Asbestos two-step, cont'd

Posted on May 08, 2009




Why Canadian banks fared better

Posted on May 08, 2009






A card-check Twitter scam

Posted on May 07, 2009


Anti-protective orders legislation

Posted on May 07, 2009


New tort for doctors proposed

Posted on May 07, 2009


"The silly war on vulture funds"

Posted on May 07, 2009





"The least free state"

Posted on May 06, 2009



Securities lawsuits jump

Posted on May 06, 2009


Labaton Sucharow and New Mexico

Posted on May 06, 2009



The Chrysler haircut

Posted on May 06, 2009






Around the web, May 5

Posted on May 05, 2009


New Obama appointments to CPSC

Posted on May 05, 2009


Justice Souter and his replacement

Posted on May 04, 2009


Around the web, May 4

Posted on May 04, 2009


Obama's Chrysler-bankruptcy hardball

Posted on May 04, 2009







EFCA : new footwork needed

Posted on May 01, 2009








Return of comparable worth?

Posted on April 30, 2009






Formaldehyde, readying the plot

Posted on April 29, 2009


Blawg Review #209

Posted on April 29, 2009


Around the web, April 28

Posted on April 28, 2009



Obama fills two NLRB vacancies

Posted on April 28, 2009





Asbestos: the Texas-California two-step

Posted on April 28, 2009




"The Myths of Consumer Protection Law"

Posted on April 27, 2009




Around the web, April 25

Posted on April 25, 2009






Forum-shopping in coastal Texas

Posted on April 24, 2009


Union organizing vs. employee privacy

Posted on April 24, 2009




Precautionarily yours

Posted on April 23, 2009



Around the web, April 23

Posted on April 23, 2009


A peek under the Hood?

Posted on April 23, 2009





Medical monitoring: a 50-state survey

Posted on April 23, 2009


Next
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