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    Federal Appeals Court Chafes at Diaper Rash Class Action

    Class-action lawsuits can be a useful tool for consumers. They can also be abused by unscrupulous lawyers acting in concert with companies they are supposedly suing. Last Friday, the United States Court of Appeals for the Sixth Circuit found that a lower court abused its discretion in certifying a class … More

    Arbitration Bill in PA Keeps Costs Down, as Evidenced by Special Interest, Trial Lawyer Opposition

    As reported by the Pittsburgh Post-Gazette, Pennsylvania is considering a bill to reorganize arbitration law in the state. The bill has the support of the Pennsylvania Bar Association but is opposed by the Pennsylvania Association for Justice, the trial lawyer lobbying group. As I explain in my recent Heritage Backgrounder, … More

    Transparency in Government: Finding Out How Much the Government’s Mistakes Are Costing Us

    One of the little known costs that taxpayers unwittingly pay is the Judgment Fund administered by the Treasury Department. This fund is used to pay “judicially and administratively ordered monetary awards against the United States” when it loses lawsuits, as well as settlements by the government of threatened or actual … More

    Don't Open the Door to Law of the Sea Litigation

    Doug Bandow of the Cato Institute warns of the dangers of litigation if the United States joins the U.N. Convention on the Law of the Sea, more commonly known as the Law of the Sea Treaty (LOST). Some of the litigation “greatest hits” highlighted by Bandow include: The recent intrusion … More

    The Dangers of Close Elections

    With millions of Americans turning out to cast their ballots on Tuesday and the latest polling still showing a down-to-the-wire race, we should all hope that whichever candidate wins the presidential contest, he does so with a decisive and uncontestable margin. Otherwise, we could face contentious recounts, unprecedented litigation, and … More

    Government Agencies Using Criminal Law for Self-Promotion

    In a prior Foundry post, we highlighted the egregious misconduct of the National Oceanic and Atmospheric Administration’s (NOAA) Office of Legal Enforcement in the prosecution of marine biologist Nancy Black. NOAA is criminally prosecuting her for bogus charges, including lying to investigators and feeding whales. These charges could land Black … More

    Louisiana Teachers Union Threatens to Sue Voucher Schools

    The left’s tactic of intimidation is at work again, this time in Louisiana. The Louisiana Association of Educators is threatening litigation against private parochial schools in the state that plan to accept voucher students this fall. This past Wednesday, private schools that have elected to participate in the new statewide … More

    Medical Malpractice Reform: States vs. the Federal Government

    Medical malpractice reform is needed in many different states, but an effort currently underway on this issue in Congress is misguided. Legislatures in places like Texas that passed measures intended to reform the court processes used to make claims against doctors and hospitals and to stop abusive litigation have seen … More

    In the Green Room: Gov. Haley Barbour (R-MS)

    [youtube]http://www.youtube.com/watch?v=esQTK-oSZXw[/youtube] In 2004 Governor Barbour passed comprehensive tort reform legislation in Mississippi. The state’s notorious reputation for “jackpot justice” has never recovered. In a recent op-ed Barbour wrote: The number of medical liability lawsuits against Mississippi doctors fell almost ninety percent one year after tort reform went into effect. Doctors … More

    A Model Case Run Amok

    The late Anna Nicole Smith is back in the news. Smith died from a drug overdose in 2007, but her lawsuit against the estate of her former husband, J. Howard Marshall, lives on. In the latest legal maneuver, the executor of her estate, Howard K. Stern—who is currently facing legal … More