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Walter  Olson

Chronicling the high cost of our legal system

Categories: Law

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Anthem data breach class action, cont'd — and a cy pres opportunity
"When you add up all the legal fees and costs, the lawyers would come out of the settlement with more money than the class members they represented. The payout to all the lawyers involved would be about $63 million." More details on the Anthem data b...
Friday, March 23, 2018

Free speech roundup
Minnesota Voters Alliance v. Mansky: SCOTUS considers state ban on political apparel at polling places [Ilya Shapiro, Cato] Under American law governments cannot sue persons for defamation, and "slander of title" won't do as substitute ploy for lawye...
Thursday, March 22, 2018

Family leave pay, borrowed from future Social Security benefits?
With a political push still under way for costly mandates on employers to provide paid family leave, there is interest in proposals for family leave based on borrowing from future Social Security benefits. Under a plan proposed by Kristin Shapiro of ...
Thursday, March 22, 2018

March 21 roundup
Popehat's Patrick tells the story of how, representing a bank, he resisted a serial litigant rather than pay her off [Twitter thread] News of suits motivated by attorneys' fees may be slow to reach Harvard ["Bill of Health", dismissing "idea of oppor...
Wednesday, March 21, 2018

Penny dreadfuls, Fifties comic books, Grimm's Household Tales…
From folktale collections to videogames and beyond, the notion that violent entertainment will turn kids violent seem to live on forever no matter how skimpy the evidence [Trevor Burrus, Cato] Tags: movies film and videos, videogames Penny dreadfuls,...
Wednesday, March 21, 2018

Ninth Circuit finds public sector contingency fees constitutional
The use of contingency fees by governmental plaintiffs incentivizes sharp practice and overzealous litigation in lawyers charged with representing the general public; it also invites corruption and end runs around democratic legislatures intended at ...
Tuesday, March 20, 2018

Alabama law enables sheriff to eat well
Under an Alabama law passed before World War II, many county sheriffs can keep what are deemed extra sums allocated for inmate meals but not used for that purpose. Some large counties require the surplus to be turned over to general county funds. Can...
Tuesday, March 20, 2018

Judges under fire in California
On California judicial elections and the Judge Aaron Persky recall, it looks as if Berkeley law Dean Erwin Chemerinsky and I come down on the same side [Maria Dinzeo, Courthouse News]: "I want judges deciding cases based on the law and the facts, not...
Tuesday, March 20, 2018

Medical roundup
Burdensome though it is in other ways, HIPAA does not create a private right of action, so no big-ticket damage suits. Connecticut high court rides to rescue by creating new tort for breach of medical confidentiality [Steven Boranian, Drug and Device...
Monday, March 19, 2018

A tale of targeted property taxes
Congratulations! You may not have realized it was happening, but your municipality has put you in a special revitalization zone which means the property taxes you owe them will quintuple. That's the message some suburban Maryland business owners got ...
Monday, March 19, 2018

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