June 3rd, 2011


Things I would write about if I had more time:

Joel Rosenberg, blogger, author, and Jew With A Gun, has died;

So has Jack Kervorkian;

San Francisco’s anti-cicumscision legislation, and over-the-top anti-semitism;

John Edwards has been indicted;

Did you know that a parking lot is a highway? New York’s Court of Appeals says so;

A 17-year-old sells a kidney. Buys an iPad. I wonder who bought the kidney?

60 Minutes gets nastygram from Lance Armstrong legal eagle over drug doping story. Chance of defamation suit? About zero. Discovery can be brutal;

A new trailer for Hot Coffee (which I discussed last year when it went to the Sundance Film Festival);

Most clients aren’t like this, but some can be pretty dumb;

Taco Bell and the art of self-defense;

And TortsProf has the Personal Injury Law Round-Up.


May 26th, 2011


Some things I’d love to write more about if only I had more time…

Walter Olson speaks out against federal medical malpractice “reform”; (I had previously written about a federal power grab of state tort issues while Bush II was in office.)

Medical immunity in Florida that they call tort “reform;”

Did you know…malpractice costs play a surprisingly small role in our healthcare costs?

Want to see a good reason people hate health insurance companies? United Healthcare Decides You Only Needed Second Of Two Procedures

Proof that Twitter doesn’t work as business development for blogging;

A killer Blawg Revew #310 by Siouxsie Law, the world’s leading Goth based law blog;

And when Don McLean sang that he took his Chevy to the levee but the levee was dry, was he referring to a bar in New Rochelle?


April 28th, 2011


Things I would write about if I only had the time…

Traffic deaths are at a stunning 60-year low. Can we blame the lawyers a little?

The New England Journal of Medicine on medical malpractice liability “reform;”

A New York appellate court upholds a multi-million dollar verdict for a man on the tracks that was hit by a subway;

Fantastical’ 9/11 Lawsuit Could Lead to Sanctions for Lawyer, 2nd Circuit Says; and a 9/11 wrongful death case goes to trial like a speed-chess match;

Twitter art. To Scott Greenfield. Part of Charon’s art series;

And Greenfield again on clients being referred to as “leads” by marketers. And he ain’t happy ’bout that;

From the “You learn something new every day Department,” my former lawyer Ted Frank was one of the people that vetted Sarah Palin for the Vice Presidency. And had I known that about Ted when I hired him, well, uhh, I would have hired him anyway (via Point of Law);

Today’s trial practice tip: Learn how to tell a story. A subject I visited four years (!) ago: Telling the story from the middle;

The press reported that Obama released his birth certificate. But they all seemed to blow the story. It was Hawaii that did;

Want to run a half-marathon trail race near New York City? What the hell, I’ll plug a race I created, which this year hopes to send 750 people racing across one of the great half-marathon race tracks in the northeast: Paine to Pain Opens Registration. And if you insist on some kind of legal angle, I wrote previously about how you meet real people and make real friends by doing this (as opposed to pseudo-follower-friends), and also about assumption of risk. But really, it’s mostly about running around in the woods like a kid.


April 15th, 2011


My RSS feed has almost 7,000 posts sitting in it. That’s what happens when you try to follow a lot of blogs and you also have work to do for actual clients.

But if I had more time, these are some of the things I would like to write about:

“Tort Reform” Exposed for What It Is – Immunity (The Pop Tort)

…Take what’s happening in North Carolina, which is now considering atrocious legislation that would provide immunity not only to negligent emergency room personnel, but to the entire pharmaceutical industry.  Forget that more preventable errors occur in an ER than in any other place in a hospital, or that in states like Texas where a similar immunity law was passed, ER’s have now become even more dangerous.  Meanwhile, no patient has any recourse if they or their child is permanently disabled, disfigured, brain-damaged or killed.  This bill would essentially make “negligence in the ER legal” in North Carolina, too…

Bill Precluding Punitives for Undocumented Immigrants (TortsProf): That’s right, in AZ there seems to be no difference between acting negligently and deliberately hurting someone, so long as the person you pick on doesn’t have the right papers. Hey, why not just put “kick me” on their shirts?

The HuffingtonPost Bloggers Class Action Lawsuit Won’t Go Anywhere (Litigation and Trial):

…But nobody hated the Huffington Post as much as its own bloggers, the folks who generated a ton of its content without compensation in a spirit of, I suppose, political activism, just to watch it be sold off to AOL for $315 million….

And Max Kennerly agrees with me on the all-important subject of what to wear to court:

…I wear what I wear because I do not want what I wear to get in the way of what I am saying…

The NYS Commission on Public Integrity tries to muzzle blogging lawyer Andrew Barovick.

Veteran NYPIRG lobbyist Blair Horner, one of New York’s most well-known good government advocates, has taken a position with the American Cancer Society of NY & NJ as vice president for advocacy

personal injury law round-up at Torts Prof.

And I barely made a dent in my RSS feed….I need more hours in the day….


November 19th, 2010

Linkworthy (Themeless Edition)

Things I’d write about if I just had more time:

This really deserves it’s own post: Hospital errors play role in 15,000 deaths a month, study finds

Why write a law blog? (Blawgletter)

Medical Malpractice Waivers: A Bad Idea Whose Time Will Never Come (Alan Crede)

I don’t usually do intellectual property stuff, but…The Battle of the Breastaurants: “Twin Peaks: v. “Grand Tetons” (Siouxsie Law)

While I celebrated my four-year blog anniversary yesterdayBob Ambrogi celebrates his eighth year anniversary today. (Law Sites)

A 14-year-old girl is hit by a speeding car, rendered quadriplegic and brain damaged, and is only able to recover $200,000? Scott Greenfield explains (Simple Justice)

A $2.5M verdict for post traumatic stress disorder gets cut in half by an appellate court. John Hochfelder explains how it gets done

Did you know there’s a Golden Asshole Award? And further, that it’s an actual honor to get it? Vickie Pynchon explains why (Negotiation Law Blog)

Banks and hedge funds investing in lawsuits. Max Kennerly takes it on (Litigation and Trial)

How does the tort “reform” lobby get funded? C’mon, you know the answer

Pink Tape has Blawg Review #290;

Colin Samuels continues his Round Tuit round-ups, with a discussion of the TSA scandal involving their new groping policy;

And TortsProf continues on with a Personal Injury Law Roundup.