May 11th, 2007

iPods Can Cause Pacemaker Malfunction


A new study has found that iPods can cause malfunction in implantable pacemakers. According to a report, interfering with the telemetry equipment caused the device to misread the heart’s pacing and in one case caused the pacemaker to stop functioning altogether.

The lead author had concluded that iPod interference can lead physicians to misdiagnose actual heart function.

This, of course, raises potential legal issues for the pacemakers and physicians that implant them in the arena of products liability or medical malpractice. Since many iPods are now dropped into breast pockets, right next to heart, the issue going forward will be the need to warn patients about such a practice.

 

May 10th, 2007

My Dinner With Bill Clinton


I had dinner with Bill Clinton last night. As well as New York Chief Judge Judith Kaye, most of the Court of Appeals, and dozens of appellate and trial court judges from around the state. And about 1,400 members of the New York State Trial Lawyers Association.

Clinton is amazing, pure and simple. He started with the need for decent justice systems so that the poor, the unseen and the dispossessed had a place to turn. He continued on for 45 minutes in wide ranging comments from the attorney general scandal to the extraordinary wastes of money in our health care system, to the benefits of foreign aid (peace is cheaper than war), Darfur, North Korea, Iran, drugs and poverty. He spoke without notes, rattling off facts and figures on one issue after another as if they were a part of his being, seeming to reserve most of his passion for the many problems of Africa.

He’s the only post WWII president to leave office with higher polls than when he was elected. (via Volokh). There’s a good reason.

 

April 30th, 2007

US Supreme Court Goes Multimedia — Video is Part of Decision


In a decision released today, the United States Supreme Court includes video as part of its decision. Buried in footnote five of Scott v. Harris, the text of the decision is linked (not just cited) to a car-chase video that automatically downloads 92 MB to your hard drive. According to Howard Bashman (How Appealing) this is a first for the court.

(The Court ruled that police do not act unconstitutionally when they try to stop a suspect fleeing at high speed by ramming the suspect’s car from the rear, forcing it to crash (as per SCOTUSBlog).)

Such a citation certainly encourages me to take more liberties with my briefs, incorporating pictures and diagrams into the brief instead of forcing judges to flip back and forth between exhibits and briefs.

Addendum: More Thoughts on Placing Video Online

 

April 27th, 2007

Tenet Book: Bush Wanted Trial Lawyers To Help Sell Iraq War

Former CIA Director George Tenet, in a book to be released next week, says that President George Bush wanted trial lawyers to help sell the Iraq war when the evidence for war wasn’t strong enough. This story comes from a passage buried deep within an article starting on the front page of today’s New York Times.

The Times focuses on Tenet’s discussion of how Vice President Dick Cheney was pushing hard for war, when other alternatives existed. Explaining his “slam dunk” comment that the administration has used to justify its rush to war, the article states:

Mr. Tenet says he decided to write the memoir in part because the infamous “slam dunk” episode had come to define his tenure at C.I.A.

He gives a detailed account of the episode, which occurred during an Oval Office meeting in December 2002 when the administration was preparing to make public its case for war against Iraq.

During the meeting, the deputy C.I.A. director, John McLaughlin, unveiled a draft of a proposed public presentation that left the group unimpressed. Mr. Tenet recalls that Mr. Bush suggested that they could “add punch” by bringing in lawyers trained to argue cases before a jury.

“I told the president that strengthening the public presentation was a ‘slam dunk,’ a phrase that was later taken completely out of context,” Mr. Tenet writes. “If I had simply said, ‘I’m sure we can do better,’ I wouldn‘t be writing this chapter — or maybe even this book.”

I find it a bit odd that Bush — well known for trashing trial lawyers every chance he has — would try to turn in that direction for support.

Tenet will be on 60 Minutes this Sunday pitching his book, and it will no doubt be a topic of some discussion all next week as it moves into circulation and gets reviewed.

 

April 24th, 2007

Drug Makers To Fund Law School Program

From Ed Silverman at Pharmalot:

Four big drugmakers are ponying up a combined $8.1 million to create a new center devoted to health and pharma law at Seton Hall University’s law school, which is located in a New Jersey suburb about 30 minutes from Manhattan.

The new Center for Health & Pharmaceutical Law is being funded by Schering-Plough, SanofiAventis, Johnson & Johnson and Bristol-Myers Squibb. The law school claims this will be the only US academic policy center of its kind focusing on legal issues surrounding big pharma.

So, does anyone think Seton Hall’s syllabus will be objective, or perhaps, just a tad slanted toward those that are funding them? According to an assistant dean, as quoted in Newsday, “We would like to do so as a neutral academic institution.” Uh huh. I’m sure that, notwithstanding the 8 million bucks, they wouldn’t hesitate to criticize their benefactors when warranted. [Edit: Excessively snarky comment removed]

Now check out this bit from the Pharmalot piece:

Bristol-Myers Squibb is establishing the chair as part of a resolution of an investigation by the U.S. Attorney Christopher Christie, a Seton Hall alum, who required the drugmaker to sign a Deferred Prosecution Agreement in the wake of an accounting scandal. The DPA expires in June and Christie recently said he’s ‘very happy’ with Bristol’s progress.

The lion’s share of the money, $5M, came from Bristol-Myers Squibb. Perhaps it was just a coincidence that the U.S. Attorney’s alma mater was the one to benefit from this agreement with a big drugmaker? Now that can’t be right, can it?

Addendum: William Childs at TortsProf followed up with a comparison of the Seton Hall pharmaceutical deal with Temple University naming its law school after plaintiff’s attorney James Beasley, founder of the Beasley Firm. He could have added the Touro College Jacob D. Fuchsberg Law Center, named after the personal injury attorney, and later Court of Appeals judge, of that name.

Second Addendum – (4/27/07) — The story is covered today at the WSJ Law Blog, and this quote popped off the page for me:

A spokesperson for the U.S. Attorney told the Law Blog that the fact that Bristol Myers donated to Christie’s alma mater is nothing more than a coincidence. He points that there are only two law school in New Jersey and the other — Rutgers — already had a business ethics endowed chair.

Why did the money have to go to a law school? Are there no other worthy causes to give 9 million bucks to? The explanation looks particularly lame.