TorteDeForm

Kia Franklin

Talk Amongst Yourselves…

Busy, busy, busy today. But thought I'd share a couple bits for discussion amongst readers. So what do you think?

1. Drug Label, Maimed Patient, and Crucial Test for Justices. More attention to the upcoming Supreme Court preemption case. From the article:

Ms. Levine said that the jury in her case was careful and conscientious and that Vermonters were not noted for their financial profligacy. The award the jury gave her, she said, was the result of a hard look at a grave wrong.

“I’m a musician,” she said. “For me, it’s catastrophic because it took away my whole livelihood, my whole way of expressing myself. They lopped off my hand, and they leveled my career. And it didn’t have to happen.”

Previous discussions of this case can be accessed here.

2. Courts’ ‘sunshine’ might spread: S.C.’s openness in settlements might become U.S. rule. Why would this be a good thing? U.S. Judge Joe Anderson explained to Congress:

“I knew of a judge who restricted access to case information where a child died while riding an allegedly defective go-kart,” Anderson told the subcommittee.

“The settlement was $1.4 million, and the judge imposed a strict obligation of secrecy on the parties. I later learned that the model go-kart which the child had been riding was still being sold and marketed,” he testified.

Cross your fingers, consumers. Ending secret settlements (discussed here in the Presidential Platform) would protect us by giving us access to information about dangerous products. Hat tip to CJ&D.

Kia Franklin: Author Bio | Other Posts
Posted at 2:41 PM, Sep 19, 2008 in Civil Justice | Federal Preemption
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Posted by: timothy moriarty | September 23, 2008 6:17 AM