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Litigation Blog Posts from November 19, 2009

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Litigation Posts (November 19, 2009)

Waiting for pleural plaques in the UK

The UK government has yet to announce a decision on compensating for pleural plaques other than "as soon as possible." [h/t GlobalTort]...
Posted on Point of Law on November 19, 2009 at 10:26 PM

A picture is worth a thousand words or several thousand dollars

Someone has kindly posted pictures of various asbestos-containing products. [h/t GlobalTort]...
Posted on Point of Law on November 19, 2009 at 10:22 PM

The Litigation Industry - 1 Lung Cancer and 17 Mesothelioma Lawsuits - A Week's Worth of Madison County New Asbestos Case Filings

From Global Tort, a summary of asbestos case filings from the week of July 27-31....
Posted on Point of Law on November 19, 2009 at 10:19 PM

Update on Bates White Paper on Impact of Asbestos Bankruptcies

From the Global Tort blog on how plaintiff's lawyers react when a defendant goes into bankruptcy. The article is here....
Posted on Point of Law on November 19, 2009 at 10:10 PM

"The Real Price of Trying KSM: Defense lawyers will inevitably create bad law."

"The Real Price of Trying KSM: Defense lawyers will inevitably create bad law." David Feige has this jurisprudence essay online at Slate.
Posted on How Appealing on November 19, 2009 at 9:50 PM

"Fla. jury awards $300 million in ex-smoker's suit"

"Fla. jury awards $300 million in ex-smoker's suit": The Associated Press has this report.
Posted on How Appealing on November 19, 2009 at 8:28 PM

"U.S. Senate confirms Hoosier nominee"

"U.S. Senate confirms Hoosier nominee": The Indianapolis Star has this news update. The Journal Gazette of Fort Wayne, Indiana has a news update headlined "Hoosier judge confirmed to appeals court." Warren Richey of The Christian Science Monitor reports that "Senate OK's David Hamilton to be US appeals court judge; Judge David Hamilton is elevated to
Posted on How Appealing on November 19, 2009 at 8:22 PM

FTC taking action against Pre-Paid Legal Services Inc.

Much to my surprise, the Federal Trade Commission appears to be taking action against Pre-Paid Legal Services (NYSE:PPD) for making misleading representations in connection with its Identity Theft Shield and Affirmative Defense Response System products. The company is named, along with CEO Harland Stonecipher anbd Chief Marketing Officer Mark Brown. T
Posted on The FRAUDfiles Blog on November 19, 2009 at 8:16 PM

"Jesus vs. Allah: The fight over God's secular title."

"Jesus vs. Allah: The fight over God's secular title." Dahlia Lithwick will have this essay in the November 30, 2009 issue of Newsweek.
Posted on How Appealing on November 19, 2009 at 8:10 PM

Synthes USA, Ti Synex II Vertebral Body Replacement (VBR) Lots Numbers

Lawyers Mark Zamora and Rob Bunch are investigating these claims, and you can reach them at 404-451-7781 and 888422-2882. Here is the information on the recalled Lots: Ti Synex II Vertebral Body Replacement (VBR) This recall involves part numbers 04.808.001-11, Synex
Posted on Trial Lawyer Resource Center on November 19, 2009 at 6:15 PM

Senate Confirms Controversial Appeals Court Pick

U.S. District Judge David Hamilton, President Obama’s first judicial pick after occupying the White House in January, won Senate confirmation to the 7th U.S. Circuit Court of Appeals Thursday after a bruising and often partisan battle. The Senate voted 59 to 39 to confirm Judge Hamilton, portrayed by supporters as a moderate sitting in the heartl
Posted on The Gavel on November 19, 2009 at 4:59 PM

"Senate confirms controversial judge"

"Senate confirms controversial judge": The Associated Press has a report that begins, "The Senate has confirmed David Hamilton for the Chicago-based federal appeals court after Democrats stopped a Republican filibuster. Conservatives targeted Hamilton, labeling him a liberal activist. Hamilton, a U.S. district judge from Indiana, was approved 59-39 and
Posted on How Appealing on November 19, 2009 at 4:35 PM

Showdown Looming on State Secrecy?

The White House and Democrats on the House Judiciary Committee may be headed for a showdown over legislation on the state secrets privilege, according to the Politics blog of Atlantic magazine. The Committee recently passed a measure that gives federal judges the power to a final say on whether assertion of the privilege is legitimate. Rep. [...]
Posted on The Gavel on November 19, 2009 at 4:01 PM

Web Site Highlights U.S. Appeals Court Cases

A new Web site launched by the American Bar Association is aimed at helping the news media cover important cases in the nation’s appellate courts at a time the news industry is shrinking. Media Alerts on Federal Courts of Appeals, as the Web site is known, will feature cases selected and summarized by these cooperating law [...]
Posted on The Gavel on November 19, 2009 at 3:56 PM

Ninth Circuit upholds order refusing to allow Campaign for California Families to intervene in lawsuit challenging the constitutionality of Proposition 8, a state ballot initiative restricting the definition of marriage to the union of a man and a woman

Ninth Circuit upholds order refusing to allow Campaign for California Families to intervene in lawsuit challenging the constitutionality of Proposition 8, a state ballot initiative restricting the definition of marriage to the union of a man and a woman: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted on How Appealing on November 19, 2009 at 3:44 PM

Google at the Center of Dispute Between Two Wisconsin Firms

At Wisconsin Personal Injury Lawyers Blog, Frank Pasternak writes about "an interesting lawsuit among Wisconsin personal injury attorneys"-- Habush, Habush & Rottier, an old-guard Wisconsin personal injury law firm, is suing Cannon & Dunphy, another such firm for paying Google...
Posted on The Illinois Trial Practice Blog on November 19, 2009 at 3:22 PM

Thursday Media Summary

JUSTICE AT STAKE Wall Street Journal: The White House Butler November 19, 2009 GUANTANAMO BAY DETAINEES/COURTS NY Times: Holder Defends Decision to Use U.S. Court for 9/11 Trial Charlie Savage – November 18, 2009 Reuters: Obama suggests 9/11 suspect will get death penalty Jeremy Pelofsky and James Vicini – November 18, 2009 Bloomberg: Big A
Posted on The Gavel on November 19, 2009 at 3:10 PM

Brandenburg on the Future of Recusal

Two�Midwest states have responded�to the Supreme Court case Caperton v. Massey, but they are heading in “different directions,” suggests Bert Brandenburg, Executive Director of Justice at Stake Campaign, in “The Future of Recusal, A Tale of Two States.”� The commentary, posted on the blog of the American Constitution Society fo
Posted on The Gavel on November 19, 2009 at 2:57 PM

Rothstein Fraud Update: Structured Settlement Mislabeler Kendall Coffey Should Put A "Sak" In It !

STATEMENT BY MIAMI ATTORNEY AND REAL ESTATE DEVELOPER ALAN SAKOWITZ CONCERNING THE ALLEGED SCOTT ROTHSTEIN FRAUD "During August and September 2009, I met with Scott Rothstein three times at his office to discuss whether his investments were suitable for my...
Posted on Structured Settlements 4Real on November 19, 2009 at 2:55 PM

Is Patrick Hindert's Academic Credibility Self Destructing?

Patrick Hindert is a co-author of the text Structured Settlements and Periodic Payment Judgments along with Joseph J. Dehner and Daniel W. Hindert. This author submits that the credibility level of former President of NSSTA and former Executive Director of...
Posted on Structured Settlements 4Real on November 19, 2009 at 2:09 PM

Blumenthal to push mandatory hospital error disclosure

Prospective patients in Connecticut might be interested in the contents of the resulting public database, and we can all think of another group that might be more interested still. [Christine Stuart, CT News Junkie]...
Posted on Point of Law on November 19, 2009 at 1:27 PM

The paragon of recusal

The paragon of recusal: The Associated Press reports that "6 Ala. judges recuse themselves from Paragon suit."
Posted on How Appealing on November 19, 2009 at 1:18 PM

Journal Editorial Shows Lack of Merit

From Bert Brandenburg, executive director of Justice at Stake, on today’s Wall Street Journal editorial, “The White House Butler”: In the course of nursing a serious grudge against former Wisconsin Supreme Court Justice Louis Butler?who was recently nominated for a federal judgeship?the Wall Street Journal editorial board took its usu
Posted on The Gavel on November 19, 2009 at 1:02 PM

"Court Upholds Recognition of Gay Marriages in Narrow Ruling"

"Court Upholds Recognition of Gay Marriages in Narrow Ruling": The "City Room" blog of The New York Times has a post that begins, "The state's highest court rejected a challenge by opponents of same-sex marriage to policies that recognize same-sex marriages performed in other states, though the decision gives gay advocates a small victory because it ap
Posted on How Appealing on November 19, 2009 at 11:25 AM

"Kennedy's School-Press Incident Wasn't the First"

"Kennedy's School-Press Incident Wasn't the First": Today in The Wall Street Journal, Jess Bravin has an article that begins, "Justice Anthony Kennedy got into a messy situation this month after a widely circulated report that his office made a school newspaper get permission before running an article about the justice. It turns out the incident at New
Posted on How Appealing on November 19, 2009 at 10:42 AM

The Senate health care bill dodges liability reform

Senate Majority Leader Harry Reid released the text of the 2,074-page Patient Protection and Affordable Care Act on Wednesday, now the main vehicle for Senate action on health care. The language on medical malpractice liability is the same non-binding "Sense...
Posted on Point of Law on November 19, 2009 at 10:42 AM

"Holder Defends Decision to Use U.S. Court for 9/11 Trial"

"Holder Defends Decision to Use U.S. Court for 9/11 Trial": Charlie Savage has this article today in The New York Times. The Washington Post reports today that "Holder answers to 9/11 relatives about trials in U.S.; Views mixed Attorney general also faces questions in Senate hearing." The Los Angeles Times reports that "Obama and Holder defend plans
Posted on How Appealing on November 19, 2009 at 10:35 AM

"Some Courts Raise Bar on Reading Employee Email; Companies Face Tougher Tests to Justify Monitoring Workers' Personal Accounts; Rulings Hinge on 'Expectation of Privacy'"

"Some Courts Raise Bar on Reading Employee Email; Companies Face Tougher Tests to Justify Monitoring Workers' Personal Accounts; Rulings Hinge on 'Expectation of Privacy'": Dionne Searcey has this article today in The Wall Street Journal.
Posted on How Appealing on November 19, 2009 at 10:24 AM

"Texas marriages in legal limbo because of constitutional amendment, candidate says"

"Texas marriages in legal limbo because of constitutional amendment, candidate says": In yesterday's edition of the Fort Worth Star-Telegram, Dave Montgomery had an article that begins, "Texans: Are you really married? Maybe not. Barbara Ann Radnofsky, a Houston lawyer and Democratic candidate for attorney general, says that a 22-word clause in a 2005
Posted on How Appealing on November 19, 2009 at 10:20 AM

State of ethics in Albany

The ethics counsel to the New York state senate told senators to hand-deliver ethics filings, rather than mailing them, to avoid coverage under the federal mail fraud statute. [Brendan Scott, New York Post]...
Posted on Point of Law on November 19, 2009 at 10:04 AM

"4 for the 4th Circuit; Obama Moves Quickly to Fill Vacancies, But Will Nominees Change Court's Conservative Outlook?"

"4 for the 4th Circuit; Obama Moves Quickly to Fill Vacancies, But Will Nominees Change Court's Conservative Outlook?" David Ingram of The National Law Journal has this report.
Posted on How Appealing on November 19, 2009 at 10:00 AM

US Government Liable for Hurricane Katrina Damages?

A federal trial judge has found the Army Corps of Engineers to have been grossly negligent, and the proximate cause of the flooding of the Lower 9th Ward and St. Bernard parish (both areas were virtually destroyed) during Hurricane Katrina....
Posted on Point of Law on November 19, 2009 at 9:38 AM

"Judge orders compensation for gay couple who were denied healthcare, other benefits; Skirting the Defense of Marriage Act, a 9th Circuit judge orders that a federal attorney be reimbursed the costs associated with the denial of coverage for his husband"

"Judge orders compensation for gay couple who were denied healthcare, other benefits; Skirting the Defense of Marriage Act, a 9th Circuit judge orders that a federal attorney be reimbursed the costs associated with the denial of coverage for his husband": Carol J. Williams has this article today in The Los Angeles Times. Today in The San Francisco Chr
Posted on How Appealing on November 19, 2009 at 8:25 AM

Nearly 20 percent of professional football players fail to report their concussion symtoms according to an AP study

A study sponsored by the Associated Press reports that nearly 20 percent of professional football players have hidden the fact that they sustained a concussion or down played their concussion symptoms. The AP concussion study interviewed a cross section of NFL players, talking to five players on each of the 32 teams, which amounts to approximately 10 p
Posted on Brain Injury News and Information on November 19, 2009 at 6:24 AM

Shipment of asbestos fibers through Maryland not sufficient for jurisdiction

The Maryland Court of Appeals held on Monday that mere shipment of raw asbestos fibers to that state in transit to locations outside the state does not constitute purposeful availment sufficient for personal jurisdiction over the fiber supplier. In CSR,...
Posted on Point of Law on November 19, 2009 at 1:46 AM

Forge Consulting "Financial Literacy Lesson" on Negotiating Structured Settlement Payments

Today's lesson is courtesy of our "friends" at Forge Consulting to whom we sing... "Reading Writing and Arithmetic Are The Branches of The Learning Tree T-T-Teacher's gonna show you how to get an A" *** The Forge Consulting Website said...
Posted on Structured Settlements 4Real on November 19, 2009 at 1:32 AM

"Chevron Files Malicious Prosecution Suit Against Plaintiffs Lawyer"

Background: environmental claims arising from Ecuador oil operations that were dismissed by U.S. District Judge William Alsup after he found that three plaintiffs' "case was 'manufactured by plaintiffs' counsel' after two of the claimants admitted never actually contracting the illnesses...
Posted on Point of Law on November 19, 2009 at 1:19 AM

Product liability and the CPSIA database

Among the provisions of the overreaching Consumer Product Safety Improvement Act of 2008 is one directing the Consumer Product Safety Commission to establish an online database of consumer safety complaints about products. In a submission on behalf of the Chamber's...
Posted on Point of Law on November 19, 2009 at 1:04 AM

Kendall Coffey and South Florida Press Deserve "Sak" Dance

Our source tells us that a statement from Miami lawyer and real estate developer Alan Sakowitz is forthcoming which purportedly states that he met with Scott Rothstein three times during the months of August and September 2009 and that at...
Posted on Structured Settlements 4Real on November 19, 2009 at 12:18 AM

"Holder Laughed: The attorney general tries to sell us on New York terror trials."

"Holder Laughed: The attorney general tries to sell us on New York terror trials." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted on How Appealing on November 18, 2009 at 11:15 PM

"Judge Thomas Porteous' behavior prompts questions about entire New Orleans area judiciary"

"Judge Thomas Porteous' behavior prompts questions about entire New Orleans area judiciary": The Times-Picayune has this news update. Yesterday's edition of that newspaper had an update headlined "Wheels of Congress grind slowly in Judge Thomas Porteous impeachment." And yesterday at "The BLT: The Blog of Legal Times," Jeff Jeffrey had a post titled
Posted on How Appealing on November 18, 2009 at 11:05 PM

"Conviction of Sheik's Lawyer for Assisting Terrorism Is Upheld"

"Conviction of Sheik's Lawyer for Assisting Terrorism Is Upheld": Today's edition of The New York Times contains an article that begins, "A federal appeals court panel in Manhattan on Tuesday upheld the conviction of Lynne F. Stewart, the outspoken defense lawyer who was found guilty in 2005 of assisting terrorism by smuggling information from an impri
Posted on How Appealing on November 18, 2009 at 9:15 PM

"Obama, Holder predict conviction in 9/11 case"

"Obama, Holder predict conviction in 9/11 case": The Associated Press has this report. And at his "Under the Radar" blog at Politico.com, Josh Gerstein has a post titled "Leahy wants TV feed of KSM trial for victims."
Posted on How Appealing on November 18, 2009 at 9:02 PM

Good thing The New York Times doesn't provide Justice Anthony M. Kennedy with pre-publication review

Good thing The New York Times doesn't provide Justice Anthony M. Kennedy with pre-publication review: Or else he probably would have killed what he refers to as this "stupid story" by Adam Liptak, which the newspaper published one week ago, and thereby would have denied us the spectacle of today's flap over the article's newsworthiness. Today in The W
Posted on How Appealing on November 18, 2009 at 8:51 PM

Upcoming Events - December

Pennsylvania Bar Institute – E-Discovery December 3, 2009 PBI Professional Development Conference Center Heinz 57 Center 339 Sixth Ave., 7th Floor Pittsburgh, PA K&L Gates partner David Cohen will present 'The Year in Review,' a closer look at some of the most important and interesting opinions of 2009. Cases to be discussed cover a my
Posted on eDiscovery Law on November 18, 2009 at 7:37 PM

Pa. Governor Touts Merit Selection of Appellate Judges

Pennsylvania’s governor is urging an overhaul of the state’s “notoriously broken political process,” making one of his targets a shift to merit selection of appellate judges, according to a report by our friends at Judges on Merit, a blog co-sponsored by Pennsylvanians for Modern Courts. Gov. Ed Rendell publicly assailed politic
Posted on The Gavel on November 18, 2009 at 6:24 PM

John Darer's Scott Rothstein Fraud Commentary on LBN

Watch the latest segment of John Darer's Scott Rothstein Fraud Commentary. The following was recorded on November 16, 2009 For more information contact John Darer at 203-325-8640 or via email to jdarer@4structures.com
Posted on Structured Settlements 4Real on November 18, 2009 at 5:03 PM

Holder to Congress: ?We Need Not Cower?

Attorney General Eric Holder Jr. firmly defended his decision to put five accused co-conspirators in the 2001 terror attacks on trial in civilian courts in New York. Testifying before the Senate Judiciary Committee, he came under vehement attack from Republicans who disagreed. “We need not cower in the face of this enemy,” Holder testified,
Posted on The Gavel on November 18, 2009 at 4:55 PM

New York City Area Structured Settlements...Who Writes Structured Settlement Annuities in New York City?

Which structured annuity companies write structured settlement annuities in Bronx, Brooklyn, Queens, Staten Island and Manhattan, Nassau, Suffolk, Fairfield County (CT), Westchester and Rockland Counties? The following companies are the primary writers of structured settlement annuities for the New York...
Posted on Structured Settlements 4Real on November 18, 2009 at 3:15 PM

Live Video of Chancery Court Trial in Amirsaleh v. NY Board of Trade

Amirsaleh v. NY Board of Trade. A short video clip of the trial in this case that is ongoing this week in the Delaware Court of Chancery is available here, courtesy of www.courtroomview.com Prior decisions of the Court of Chancery in this case highlighted on this blog are available here and here.
Posted on Delaware Corporate and Commercial Litigation Blog on November 18, 2009 at 3:10 PM

Wednesday Media Summary

GUANTANAMO BAY DETAINEES/COURTS ACLU: Senate Votes Down Amendment Obstructing Transfer Of Detainees To Federal Criminal Courts News Release – November 17, 2009 NY Post: Over half against terrorists’ trial in NYC CLEMENTE LISI – November 17, 2009 Main Justice: Holder Seeks Death Penalty For 9/11 Plotters That State Law Doesn’t Of
Posted on The Gavel on November 18, 2009 at 12:47 PM

Senate Committee approves Michaels' nomination to head OSHA

David Michaels, President Obama's nominee to be Assistant Secretary of Labor for Occupational Safety and Health, just had his nomination voted out of the Senate HELP Committee. Despite serious concerns about Michaels' views on science, law and business -- see...
Posted on Point of Law on November 18, 2009 at 12:24 PM

Temple Law Professor and the John Perzel case

Edward Ohlbaum, a professor of Law at Temple University, was recently quoted in a November 14th article. He spoke about how publicity can make it difficult to find unbiased jurors. For more information, go to www.philly.com
Posted on Trial Advocacy Blog on November 18, 2009 at 12:12 PM

Structured Settlement Website Rankings November 2009 ( including USA only stats)

Three Month Trailing Top 10 Global Traffic Rank (Alexa Rank as of 11/18/2009) of Structured Settlement and Settlement Planning Industry websites* (+ or- traffic from 10/19/2009 report). Lower number means more traffic (e.g. Google.com is ranked 1 in the overall...
Posted on Structured Settlements 4Real on November 18, 2009 at 11:57 AM

Writer sought on class-action project

Are you a skilled writer capable of tackling the topic of class action abuse? A reformist group (not us) is looking for a freelancer, old media refugee or other skillful wordsmith to tackle what could be a substantial project. If...
Posted on Point of Law on November 18, 2009 at 9:55 AM

Welcoming guestblogger Jim Twu

Joining us as guestblogger this week will be Jim Twu, who currently has an asbestos personal injury defense practice in Northern California. Previously he was a content producer at the legal website FindLaw where he created the Legal Grounds newsletter...
Posted on Point of Law on November 18, 2009 at 8:41 AM

Around the web, November 18

Lynne Stewart ordered to jail with tougher resentencing [WSJ Law Blog, McCarthy/NRO, Steele, our earlier coverage] "What should we do instead of the Obama health reform bill?" [Tyler Cowen] As EFCA sputters, unions push laws for easier organizing in...
Posted on Point of Law on November 18, 2009 at 1:07 AM

2009-11-19 Posts in other Subject Areas

Academic (197), Criminal Law (187), Legal News (171), Legal Commentary (134), Legal Research (92), Religion & Law (89), Personal Injury Law (85), International Law (85), Intellectual Property Law (60), Loan Modification (58), Litigation (57), Labor & Employment Law (42), Real Estate & Property Law (39), Federal Judiciary (32), Bailout (31), Taxation & Estate Planning (28), Indiana (27), Celebrity Law (26), Miscellaneous (22), Constitutional Law (22), Corporate & Securities Law (22), Legal Writing (20), Patent Law (20), Ethics (20), Estate Planning (18), Election-Campaign Law (18), Politics (18), Bankruptcy (17), Law Students (17), Legal Niches (16), Law Humor (15), Family Law (15), Copyright Law (15), Kentucky (14), Consumer Law (11), Media & Entertainment Law (10), In-House Counsel (9), Corporate Governance (9), Legal History (9), Law Technology (9), Immigration Law (9), Legal Marketing & PR (8), Paralegals & Legal Secretaries (8), Health Law (8), Florida (7), Class Action (5), Disability Law (4), Ohio (4), Environmental Law (4), Law School (3), New Law Blogs (3), Bar Associations (3), Local Law Blogs (3), Massachusetts (3), Legal Journals (3), Practice Management (3), Education Law (3), Public Defense (3), State Courts (3), Personal Blogs (3), New York (2), Banking Law (2), Bad Cops & Prosecutors (2), Careers (2), Energy Law (2), Legal Malpractice (2), Elder Law (1), Solo Practice (1), Obama Citizenship (1), Persaonl Blogs (1), Appellate Law (1), Michigan (1), Arbitration & Mediation (1), Litigation Support (1), Trademark Law (1),