Fox News: Spelling Fail

They got it right earlier in the article.

Given that’s the case, we took a look at the policy and decided that the campaign ads would be a good fit and would complement what we do for “Choose or Loose.”

Source: ‘It Could Happen to You’ Political Ad Hitting Airways - America’s Election HQ

Actavis looking for documentation specialist

Maybe this is why we had the Digitek recall: They were short staffed.

Performs quality related investigations and provides detailed reports for management review. Assesses impact of failures on surrounding lots, conducts process analysis to determine cause for failure and provides permanent corrective actions. Evaluates process deviations, out of trend reports, out of tolerance impacts and customer complaints.

Source: Little Falls, NJ 07424-Documentation Specialist

You know what never ceases to crack me up?

How reformers can laugh at the plight of others.

It never ceases to crack me up how some people can take a modest, legitimate claim and blow it up into a claim for financial independence.

Source: Suit: Untimely cremation should net us $3.5M

Pharmaceuticals and Regulatory Capture

It appears that the author of the following blog and I have little common ground in most political areas, but we do agree about the problems facing the FDA:

The pharmaceutical industry controls the FDA. There is the usual "revolving door". The drug approval process is cumbersome, complicated, and drawn-out. This guarantees that only someone who works at a large pharmaceutical company can get a drug approved. Patents further restrict competition. Treatments that threaten the pharmaceutical industry's business model, such as stem cell research, are banned. Further, there's a perception "The FDA approved this drug. Therefore, this drug is safe." This attitude, combined with tort reform, means that pharmaceutical corporations and their management face practically zero liability when they release a drug later proven to be harmful; the damages paid are typically less than one year's profit from the harmful drug. Most FDA-approved research has incredibly shoddy quality. The FDA is merely a rubberstamp for large pharmaceutical corporations, rather than an independent auditor verifying the quality of drugs. (Emphasis added.)

Source: FSK's Guide to Reality: The Captured Regulators Problem

Seriously, does anyone really believe the FDA is doing a good job?

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2/3rds of U.S. Corporations paid no income tax… yet the conservative crowd still wants tax cuts

Disgusting:

Two-thirds of U.S. corporations paid no federal income taxes between 1998 and 2005, according to a new report from Congress.

The study by the Government Accountability Office, expected to be released Tuesday, said about 68 percent of foreign companies doing business in the U.S. avoided corporate taxes over the same period.

Source: ThePopTort: Pigs at the Trough!

We have a war going on, yet 2/3rds of corporations aren’t paying their fair share to support it.  That’s pretty damned unpatriotic if you ask me. 

Texas attorney busted in nursing home tax scam

Gee, after all the tort reform Texas passed, you’d think nursing homes could afford to pay their payroll taxes.  

FORT WORTH, Texas (AP) - An attorney in a Texas-based nursing homes payroll tax evasion scam has been sentenced to 6 years in federal prison.

The U.S. Attorney's Office on Tuesday announced 51-year-old Gary Trebert (TREE'-bert) of Frisco also must make more than $11.6 million in restitution.

Source: KWCH - Kansas News and Weather - Texas lawyer gets 6 years in nursing homes scam

What is it with Alabama Judges?

First we had Judge Moore and the Ten Commandments debacle.  Now we’ve got another judge ordering litigants to pray?  

The ACLU complaint said McKathan dropped to his knees and prayed aloud during a court hearing in February. He told the 100 people in the courtroom that he was not afraid to call on the name of Jesus Christ, witnesses said, and ordered all to join hands and pray, according to the complaint filed soon after the hearing.

Source: Complaint against judge praying in court - CNN.com

Faith is very important and belongs in many places.  But in the court isn’t one of them.  Sheesh.

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Back in Michigan

I’m finally back in Michigan and will be back on the blog scene tomorrow or Thursday at the latest.  The trip was long, boring, and uneventful.  I think the coolest thing I saw was a cigarette store called “The Butt Hut.” 

Law school starts up again in about two weeks, and I’m enthusiastically looking forward to a course on Food and Drug Law.  I wonder how much we’ll talk Levine and preemption

I’m behind in my e-mail, so give me a few days to catch up… got something like 570 unread mails now. 

Edwards

I'm on the road now and typing on my blackberry while I eat, so pardon any typos. I love how the usual lawyer-bashers are up in arms over what Fred Baron did... going on about how he needs to answer more questions. Correct me if I'm wrong, but Fred Baron didn't do anything even close to illegal. Where's the scandal with respect to him?

The Worst Attack Op-Ed Against Obama I’ve Seen To Date

I know I shouldn’t expect anything decent to come out of the Madison County Record, as it’s a sham newspaper published by the Chamber of Commerce in order to push tort “reform” rhetoric.  But the editorial entitled: “The Audacity of Arrogance: The Fresh Prince of Hot Air” is worse than the usual malarkey you’ll find in the Record.

The opening paragraph invokes Barack’s middle name for no good reason and then hangs a silly nickname on him:

…I have always felt that Barack Hussein Obama bore a striking resemblance to Will Smith. As the campaign unfolds, and we learn more and more about our junior senator, perhaps it is fitting to pirate a proper nick name, "The Fresh Prince of Hot Air," a slight variation of the early success of his look alike.

Source: Madison County Record | The Audacity of Arrogance: The Fresh Prince of Hot Air

No one ever calls McCain “John Sidney McCain.”  But it gets worse:

With unbridled arrogance, he conducted not just the traditional and accepted fact finding tour, but a premature victory lap choosing instead to use his undeserved, unearned and unjustified bully pulpit to criticize - if ever so veiled - the current administration, and indeed the country as a whole.

My God, man, do you ever stop to take a breath?  That sentence would be the epitome of run-on sentences if it weren't for this one you wrote:

Now, with his unexpected fund raising success - the obscenity of any candidate, much less a Democrat raising and spending a projected $600 million staggers the senses (how could the hypocrite look a hungry child in the eye after such self indulgence?) - he conveniently renounces the limits.

I love the "much less a Democrat" jab.  What, Democrats aren't allowed to raise money?  And as for the "hungry child" bit?  How about this: "How can John McCain, who supports spending trillions of dollars on Iraq, ever look a hungry child in the eye?"  Check this out:

In my lifetime, I have not seen a person less deserving of the keys to the White House front door than him.

Really?  So the only person you've ever seen in your entire life must be George W. Bush.  Next, the guy tries to sound poetic:

Without real substance, the Prince blows hard and hearty, hoping that words and style will cover the lack of substance. Tested not, he usurps the stage as an impostor, a phony, a fake and fraud. His transparent self adoption of the aura of John F. Kennedy is not only inaccurate, but indicative of his lack of original thought. No matter how hard Obama tries to wear the JFK suit, it shall not fit until he grows just a bit.

"It shall not fit until he grows just a bit."  I can do that, too: After reading your writing just a bit, I am convinced that you are full of shit.

Read the whole thing if you want.  It's some of the most poorly-written, bloviated political prose I've ever read. 

Large law firms = teh suck. Or, “Why I want to work for a plaintiffs’ firm.”

This from one of the new guys at ATL:

Being a junior associate at a large law firm is not very fulfilling. You're not even really a lawyer; you're a low-level corporate employee with legal knowledge. Go try a case or counsel somebody with a problem. You'll undoubtedly wonder why you ever cared about this week.

Source: Above the Law - A Legal Tabloid - News, Gossip, and Colorful Commentary on Law Firms and the Legal Profession - OCI Open Thread Follow-Up

Before I decided to get into law, I did computers.  I worked for quite a few law firms, and the ones I liked working for the best were the smaller shops.  Big law firms seemed to me like nothing more than corporate gigs.  And it only took me a few years working for “the man” to discover that I hate corporate gigs… all that stuffy hierarchy and pompousness just grates on my nerves. 

The point of the ATL post is about “On Campus Interviews” and how stressful it can be for 2L’s.  Well, not me.  I’m not stressing one bit.  Of course, that’s because there’s not a single firm coming to my campus that I would consider working for.  Ok, I think a couple of prosecutor offices are coming to my school, and I’d work for them for the trial experience… but not at the salary they generally offer.  That, and I’d have a real tough time prosecuting people for crimes that I don’t think are “big deals.” 

But with respect to defense firms – I just hate the attitude they all seem to have.  It just reminds me of in the new Batman when Joker does the whole “Why so serious?” thing.  I remember working as a consultant at one firm where all of the lawyers were addressed by the staff as Mr. Smith or Mr. Jones, or whatever.  Maybe I’m weird, but I couldn’t work with a secretary day in and day out for years and still be Mr. Lane.  My father isn’t even Mr. Lane; he’s always had his secretarial staff refer to him by his first name.  And he’s about as old school as it gets, since he started practicing law in 1964. 

So are there any defense firms that have casual dress and where everyone’s on a first-name basis?  And are there any plaintiffs firms that make the lawyers wear suits and where attorneys are Mr. or Ms. so and so?  Just curious if you readers know of any.

There’s nothing fair and just about $4.00 gas… and I believe in the free market

Well, at least I believe in it more than Communism.  

Is $4 a gallon for gas experienced differently if one is told the market dictated the price rather than some five-year plan? Is the loss of a job any more heartening when informed that market efficiency and profit maximization dictated it? Perhaps, but only perhaps. The difference would partially depend on affective attachments one has to broader beliefs which are themselves the products of the totalizing system. If one is committed to the idea that market forces are fair and just, one may experience the impersonality of the $4 price differently. But of course, for most people, the idea that market forces are fair and just are themselves products of the market system itself (if one belonged to a different system, one would have different beliefs).

Continue Reading: Concurring Opinions

Before you bring out the tired old, “Europe’s paid $7 per gallon for years” argument, let me point out: If I lived in Europe, I’d have healthcare.  If I lived in Europe, I'd have mass transit systems available.  If I lived in Europe, I'd have greater vacation benefits.  But I don't live in Europe.  So I'd at least like the benefit of cheap gas.

So why is there a statute of limitations for wrongful death?

Saw that Gotti is in trouble again:

John A. Gotti has been charged with conspiracy for his role in a sprawling cocaine trafficking operation and in three mob-related killings in 1980s and ’90s, the United States attorney’s office in Tampa, Fla., announced on Tuesday.

. . . .

But Randy M. Mastro, a former deputy mayor under Rudolph Giuliani, said: “They’re old crimes, but the defense he used the last time — that he resigned from the mob — doesn’t work in this case. There’s no statute of limitations on murder.”

Source: CrimProf Blog: Gotti Back in Court

Many of the arguments for having a statute of limitations for wrongful death apply in murder cases: Witnesses die or disappear, memories fade, there is a sense of uncertainty, litigants want a sense of finality, etc.

So why shouldn’t we end the statute of limitations for wrongful death suits?  Or create a short statute for murder?

I Want a War Wagon!

This is just super bad ass.

A lawsuit, and the trial of a case, is a lot like a battle. The resources, experience, and strength of the attorneys are crucial. The outcome of a lawsuit over a catastrophic or serious injury will affect the rest of the client's life. Often, it's the little things that make big differences.

At my firm,  The War Wagon is one of the many "little things" we use in our "lawsuit battles." The War Wagon is a custom-outfitted, 40-foot motor home. Our War Wagon is always parked just a few minutes walk away from the courtroom. This provides our clients and witnesses comfort and convenience that can give us the edge over opposition, stuck sitting in the courtroom all day, or shuttling back and forth between hotel rooms and the courthouse. 

Continue Reading: Have Justice Will Travel - The War Wagon : Trial Lawyer Resource Center

I thought making a replica A-Team van for litigation support work would be cool, but these guys have taken it to another level.  Although I will say that they should paint it black & gray with a red stripe.

H/T to Evan Schaeffer for the link to the TLRC

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