Top News

Abusive ‘Access’ Lawsuits Spread

Sick of Lawsuits Oct. 19, 2016, 11:16am

A third bill has been introduced in Congress to reform the Americans with Disabilities Act of 1990 (ADA) and the personal injury lawyers that exploit this federal law.

Obama’s Nanny State for Employers

Mark Pulliam Oct. 10, 2016, 10:25am

In a prior post, I summarized the one-sided rulings of the National Labor Relations Board under President Obama, which are seemingly designed to bolster the declining ranks of organized labor in the private sector. Obama’s aggressive anti-employer agenda extends to other agencies having jurisdiction over the employment relationship: the Department of Labor, the Equal Employment Opportunity Commission, and the Occupational Safety and Health Administration. Unlike the NLRB’s pro-union orientation,

Labor Pains

Mark Pulliam Oct. 5, 2016, 2:52pm

When thinking about the National Labor Relations Board under President Obama, most observers recall the 2014 decision in NLRB v. Noel Canning, in which the U.S. Supreme Court unanimously ruled that Obama’s kangaroo-court “recess appointments”—made when the Senate was not actually in recess—were invalid.

Don't Thread on Me

Mark Pulliam Sep. 28, 2016, 11:05am

The Texas Supreme Court’s 2015 decision in Patel v. Texas Department of Licensing and Regulation, striking down a state law requiring at least 750 hours of training in order to perform commercial “eyebrow threading”—a form of hair removal mainly performed in South Asian and Middle Eastern communities—has generated substantial notoriety for the court and for the Institute for Justice, which brought the lawsuit challenging the law.

Grounds for Concern?

Mark Pulliam Sep. 15, 2016, 3:25pm

We have seen many examples of an “engaged judiciary” at the state court level, and it isn’t always pretty. Advocates of resuscitated constitutional protection for economic liberties—which were demoted to second-class status during the New Deal with the abandonment of the “substantive due process” doctrine in West Coast Hotel Co. v. Parrish (1937)—often argue in favor of a more rigorous standard of judicial review, across the board, when laws are challenged. This heightened judicial role is some

How lawyers scare people out of taking their meds

Lisa Rickard Sep. 9, 2016, 11:10am

The television commercial begins simply: “This is a legal alert for the users of Xarelto.” Lawyers, the narrator says, are reviewing claims that the blood-thinning drug can cause “severe bleeding or hemorrhaging, stroke or even death.” If affected, viewers are advised to call a number on the screen. “You may have a case,” the speaker intones.

The Beguiling Myth of 'Mass Incarceration'

Mark Pulliam Sep. 9, 2016, 9:03am

It is not surprising that those at opposite poles of the ideological spectrum generally view public policy issues—and proposed solutions—differently. What is surprising is when conservatives adopt the rhetoric of the Left (along with the accompanying narratives, memes, and canards) regarding a subject as important as criminal justice.

AAJ convention: Summer camp for trial lawyers looking to sue

Sick of Lawsuits Sep. 1, 2016, 12:10pm

This July, thousands of trial lawyers packed their briefcases, said goodbye to family and friends, and attended the American Association for Justice’s annual convention. Much like summer camp, these trial lawyers were fully immersed in courses and activities that taught them new skills. Unlike summer camp, they weren’t there to learn camping or sporting skills; they were learning how to generate more lawsuits.

Small businesses hit hard by lawsuit abuse

Sick of Lawsuits Aug. 24, 2016, 2:55pm

Small businesses are the backbone of our economy. According to the National Federation of Independent Business (NIFB), America’s leading small business association, small businesses in this country employ about half of private-sector employees, have generated 60 to 80 percent of net new jobs annually over the last decade, and create more than half of nonfarm private gross domestic product. Yet these businesses are increasingly targeted with frivolous lawsuits by plaintiff’s attorneys that use ev

Judicial Rebellion Against Voter ID

Mark Pulliam Aug. 15, 2016, 2:29pm

Like unruly schoolchildren using the presence of a substitute teacher as an opportunity to misbehave, in Veasey v. Abbott, the U.S. Court of Appeals for the Fifth Circuit, sitting en banc, has sent the jurisprudential equivalent of a spitball at the U.S. Supreme Court knowing that the deadlocked Court would probably take no corrective action.

George Will’s Constitution

Mark Pulliam Aug. 9, 2016, 4:10pm

George Will has enjoyed a long career as a public intellectual, an especially illustrious one for a Right-of-center figure. For over four decades, Will’s commentary has appeared in intellectual magazines and newspapers including National Review, the Washington Post, and Newsweek. He has many books to his name as well as a widely syndicated newspaper column, for which he won a Pulitzer Prize in 1977. A Ph.D. from Princeton, he’s also a familiar talking head on television, often sporting a bow tie

Doctors concerned personal injury lawyer advertising bad for patients

Sick of Lawsuits Aug. 3, 2016, 2:49pm

The avalanche of personal injury lawyer advertising on TV, the internet, radio, billboards, bus stops and everywhere else isn’t just annoying. It’s potentially harmful to patients who are seeing fear-filled messages about their health treatments.

Dear Colleague’s Letter of the Law

Mark Pulliam Jul. 26, 2016, 10:22am

Societal attitudes and mores can and do change dramatically over time, but (aside from Humpty Dumpty) the meaning of commonly understood words does not. Slavery, existing at the Founding, was abolished following the Civil War through the 13th and 14th amendments to the Constitution. Suffrage, which many states could and did restrict to white men (and literate property owners at that), was eventually extended to blacks and women through the 15th and 19th amendments.

The Jurisprudence of Civil Asset Forfeiture

Mark Pulliam Jul. 14, 2016, 11:58am

The Jurisprudence of Civil Asset Forfeiture by MARK PULLIAM|Leave a Comment 3 Hand grabbing money bag The seizure by the state of assets connected to crime is a controversial subject. Asset forfeiture’s proponents—mainly law-enforcement agencies—view it as essential to fighting crime (especially the drug trade), because it deprives wrongdoers of the fruits of their illicit activities.

Tort reform necessary to solve defensive medicine

Calvin S. Ennis, MD Jul. 12, 2016, 1:28pm

We were all taught in medical school that the way to treat and control disease is to identify the cause.

The Mau-Mauing of Justice Kennedy

Mark Pulliam Jun. 28, 2016, 1:53pm

The cowardice of Fisher II suggests that Justice Anthony Kennedy fears another confrontation by the “Wise Latina.”

Hulkamania meets lawsuitmania and brings litigation finance industry into the ring

Sick of Lawsuits Jun. 22, 2016, 2:12pm

Wrestling icon Hulk Hogan recently body slammed the celebrity news site Gawker in court for publicizing a private video featuring Hogan.

A Tale of Two Judges

Mark Pulliam Jun. 15, 2016, 9:21am

Groupthink dictates different treatment of “judicial independence.” Judges usually manage to stay out of the news, but two of them in California have been getting lots of national attention lately: U.S.

Learning the Lesson of Tiananmen Square — and Reminding China

Ted Cruz Jun. 9, 2016, 3:13pm

You do not change authoritarian regimes by enriching them while leaving their crimes against their own people unmentioned.

Unseemly and illegal asbestos client solicitation gets a day in court

Sick of Lawsuits Jun. 1, 2016, 1:36pm

Sometimes just desserts do get served. For over a year we’ve been reading about the greed-driven political corruption case involving former New York Assembly Speaker Sheldon Silver.