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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.

Jury Service: It’s a Privilege, not a Duty

Jennifer Harris May 19, 2016, 2:07pm

Have you ever received a postcard in the mail with “OFFICIAL JURY SUMMONS” emblazoned across the top?

The Problem of the Cities

Mark Pulliam May 17, 2016, 8:59am

This column first appeared on Library of Law and Liberty Crumbling infrastructure in Detroit, MichiganCrumbling infrastructure in Detroit, Michigan Ever since people began migrating in large numbers from America’s rural areas to its urban areas in the 19th century, cities have presented unique challenges: sanitation, housing, transportation, education, public safety, and fire protection, to name just a few.

Good News and Bad News on School Finance in Texas

Mark Pulliam May 16, 2016, 4:43pm

The long-awaited decision from the Texas Supreme Court in the school finance case, Morath v. Texas Taxpayer and Student Fairness Coalition, was issued on May 13, 2016. (The case was argued over eight months earlier.) The court’s jargon-laden 100-page (!) decision can be summarized with this sentence: “Despite the imperfections of the current school funding regime, it meets minimum constitutional requirements.”

Be on guard against solicitations to join a lawsuit

Sick of Lawsuits May 11, 2016, 10:17am

Like all businesses, personal injury lawyers need a product to sell and customers who will buy that product. In the case of personal injury lawyers, the product they are selling is lawsuits –and their customers are each and every one of us as their potential plaintiffs.

Trial Lawyer Fox Running to Guard the GOP Hen House

Mark Pulliam May 2, 2016, 8:55am

In an election season abounding with ironies, one of the strangest is the campaign now being waged by Houston personal injury trial lawyer Jared Woodfill to lead the Republican Party of Texas.