Inter Alia on the Internet – April Fools’ Edition

Justinian Lane

Inter Alia on the Internet – April Fools’ Edition

I’m not feeling terribly creative this morning, so you have my assurance that there aren’t any fake stories here intended as an April Fools’ joke.

What’s the best way for defendants to deal with a class action they believe is frivolous? Take it to trial and clean the plaintiffs’ clocks. That’s what American Express did. This should put to rest the unfounded belief that it’s too dangerous to take a class action to trial.
A nice analogy about the Stoneridge case: "When the Godfather orders a hit, he is only an accomplice to murder -- one who 'counsels, commands, induces or procures,' but he is nonetheless liable as a principal for the commission of the crime."
Here’s a shock – special interest groups are here to stay.
Should/will the FDA end up regulating tobacco? I personally don’t think the agency should, but I don’t run Congress, either.
A nice USA Today piece about the questionable ways in which banks charge overdraft fees. In my opinion, banks should have to pay charges in a first-in-first-out method.
What’s the worst kind of arbitration clause? The kind that’s forced on you after the fact. At least one court has found those to be illegal.
Want the background on the $79.5 million tobacco judgment that’s been in the news?
GOP to 9/11 workers: Drop dead.
Will Nevada undo the damage caps that were passed before the Hepatitis C Scandal?
What do you think of the Payday Loan Reform Act of 2009? With this economy, we’re going to see a lot of bills to regulate industries that profit from the poor.
When is speech like Beef Jerky? When it’s based on data mining. This will be an interesting case to watch.
Someone’s suing AIG to get the bonuses back. According to The Nation, that someone has an interesting past.
The FAA wants to keep data about bird strikes secret. I hate their reasoning: If we make it public, airports/airlines will stop reporting it. How about making it mandatory to report the information, and then fine the hell out of anyone who doesn’t?

Justinian Lane: Author Bio | Other Posts
Posted at 11:05 AM, Apr 01, 2009 in Roundup
Permalink | Email to Friend | Comments (3)

Comments

Re: the FDA regulating cigarettes--can they really handle regulating anything else? Not doing so good a job as it is.

But having more oversight on big tobacco wouldn't be a bad thing.

Why do you think it's not a good idea? Just wondering.

I will admit now that Levine came out the right way, I'm less worried about FDA regulation. I originally feared it was a slippery slope towards eliminating tobacco lawsuits.

Now I just feel that it's a waste of taxpayer money to regulate a deadly product. Are we going to let tobacco user fees fund the regulation? Then we'll have useless regulations. Are we going to spend taxpayer bucks on it? Why? It's not like with some FDA regulation tobacco would become safe.

I hear that. Actually now I recall intending to blog about this. Diana Zuckerman, president of the National Research Center for Women and Families, was quoted in Washington Post saying the following:

"Cigarettes and cigars are drug-delivery systems, delivering an addictive drug -- nicotine -- in a product that kills when used as directed," said Zuckerman, whose group supports the bill. "How can the FDA justify regulating, rather than banning, those products? On the other hand, if the FDA regulates tobacco products, it can stop misleading advertising and help prevent the sale of tobacco products to children. That will save lives." (WAPO)

Also according to Washington Post, supporters of the bill include some consumer advocates, Democrats in the House, and, oh yeah, Phillip Morris. BIGGGG RED FLAG, isn't that?!