Litigation

Around the web, October 15

By Ted Frank

• Paycheck Fairness Act broader than some of its proponents willing to admit. [Olson @ Cato]
• Toyota moves to dismiss several dozen sudden-acceleration cases. [NLJ; NLJ]
• Speaking of Toyota (and BP): What good is vindication after obliteration? [Dezenhall @ Daily Beast]
• AP investigation shows that New York pays $96M/year to settle lawsuits against police; Chicago even more per capita. But the reporter doesn't quite seem to grok the concept of nuisance settlements. Peter Vallone is sponsoring a bill requiring the city to fight more cases. [AP/NYT via @walterolson]
• Rare Rule 11 sanctions in securities lawsuit when lawyers bring implausible claim based on fundamental misunderstanding of purpose of hedging. [Fisher; American Lawyer @ yahoo.com]
• A bipartisan piece: "Arbitration under siege" [NLJ]
• More defense wins in Zyprexa litigation on learned intermediary and other grounds. [Drug and Device Law]

• Breyer still doesn't have a coherent theory of constitutional interpretation. [Reason; and a good excuse to link to Michael McConnell in the Harv. L. Rev. (2006)]
• Fifth Circuit nominee James E. Graves, Jr., isn't quite consistent in determining what is protected speech. [Volokh]

Full post as published by Point of Law on October 15, 2010 (boomark / email).