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“The Use of Litigation Screenings in Mass Torts: A Formula for Fraud?”

Lester Brickman has a new must-read paper on an under-reported problem: Lawyers obtain the “mass” for some mass tort litigations by conducting screenings to sign-up potential litigants en masse. These...

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Beaumont justice and the silicosis mass torts

“The first time we ever lost a case in trial, it was 2001. We tried it in Beaumont, Texas, and lost $7.5 million. . . . The judge sat there through the trial reading a newspaper. At one point an...

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U.S. Silica in the blogosphere

In Mississippi Litigation Review blog, Philip Thomas argues that Kim Strassel’s article (which we discussed Sunday) overemphasizes the role played by U.S. Silica’s CEO. I think that’s more the doing of...

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CCAF amicus brief in fen-phen fees case

Overlawyered readers are well aware of the sorry history of the fen-phen litigation; those that aren’t are advised to check out Professor Lester Brickman’s summary. In April 2008, the Diet Drugs MDL...

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April 4 roundup

Verbal fireworks from Judge Kozinski in Ninth Circuit “stolen valor” case [Above the Law] Measure of artificially contrived scarcity: “NYC Taxi Medallions Approach $1 Million.” Would officials in...

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Joseph Nocera on the mass-tort business model

The New York Times columnist responds to critics of his coverage (earlier here, here, etc.) of the BP Gulf spill claims bonanza: Until that story [on the silicone breast implant episode], I’d always...

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“Judge triples fraud verdict against asbestos attorneys, radiologist”

“A federal judge has tripled the damages awarded against two former members of a Pittsburgh law firm and the radiologist they were found to have conspired with to fabricate asbestos claims in West...

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Business Week: judges blowing whistle on more corrupt litigation

Only three days after Judge Kaplan’s spectacular ruling in the Chevron/Ecuador case, notes Paul Barrett at Business Week, “a state appellate court in California upheld a trial judge’s finding that what...

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Mistaking a dead claimant for a live one

For a lawyer to do that once might seem bad luck, to do it 588 times seems rather like carelessness. [Beck on Eleventh Circuit review of Engle tobacco cases in Florida] Excerpt: The district court...

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Litigation funding, mass torts, and phantom clients

The Peter Thiel/Hulk Hogan story has brought the topic of litigation finance into the news, and a recent Alison Frankel column notes an alleged secret $10 million investment in the BP gulf spill case...

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