Thanks to recusal of the Chief Justice, the Supreme Court today deadlocked on whether federal law pre-empts a state law that allows products liability claims despite approval of an injury-causing drug by the Food and Drug Administration. The Michigan statute at issue protects a pharmaceuticals manufacturer whose product receives the FDA’s blessing unless the plaintiff
Quote of the Day: Ralph Waldo Emerson
Transcendentalist Ralph Waldo Emerson (1803-1882).
A foolish consistency is the hobgoblin of little minds, adored by little statesmen and philosophers and divines. With consistency a great soul has simply nothing to do. He may as well concern himself with his shadow on the wall.
"Self Reliance" (1841).
Native Garb
David Letterman recently played a video illustrating the custom of donning native garb when American politicians travel beyond our national borders.
The clip includes Barack Obama in traditional Kenyan dress, Hillary Clinton sporting a head scarf in Jordan, Bill Clinton in Senegalese clothing, and George W. Bush during a trip to Turkey.
Blawgletter liked it
ABA Offering Blogging Teleconference/Webcast Next Week
Grab a sandwich this coming Thursday for lunch at your computer.
At noon Central on March 6, the ABA Center for Continuing Legal Education will present "Pumping Up Your Online Presence with a Blog". The teleconference-and-webcast will last 90 minutes and carries 1.5 hours of continuing legal education credit.
Here goes the Program
FCRA Doesn’t Require Expert Proof of Procedure’s Unreasonableness
The Fair Credit Reporting Act requires a credit reporting agency to use "reasonable procedures" to assure accuracy of its reports. A district court held that a plaintiff may not show unreasonableness of an agency’s procedures without an expert opinion on the issue. The D.C. Circuit disagreed and reversed the summary judgment for the agency. Wilson
Parents from Hell
The moms and dads of two high school softball players sued the school district, the board, and administrators for denying them their civil rights to, among other things, receive an invitation to take tickets at games, videotape contests from behind the backstop, and to receive the correct starting time for a team banquet that they
Texas Supremes, Taking Heat
Y’all will recall back in December 1987 when the CBS show "60 Minutes" went hammer and tong after the Supreme Court of Texas. Something about justice for sale. Justices deciding cases in direct proportion to the campaign contributions of the winners. Bad stuff.
Blawgletter wonders whether history has started to repeat itself. A local television
Quote of the Day: William F. Buckley, Jr.
Who could dislike the exuberant Bill Buckley?
Truth is a demure lady, much too ladylike to knock you on your head and drag you to the cave. She is there, but people must want her, and seek her out.
One of Blawgletter’s favorite people in the world, William F. Buckley, Jr., died yesterday at 82.
Supreme Deference: Court Uses EEOC Interpretation in Holding ADEA “Charge” Timely
The Supreme Court held today that a district court erred in dismissing an age discrimination complaint. The lower court ruled that one of the plaintiffs, Paula Kennedy, waited too long to file a "charge" of discrimination against her employer, FedEx. The 7-2 Court affirmed the Seventh Circuit’s reversal, agreeing that Ms. Kennedy’s timely submission of
Arguing Over Punies; Plus, Do Contingent Fee Lawyers Care?
Drum roll, please.
Today the Supreme Court takes up, in a rare 90-minute session, the question of whether Exxon ought to pay half of the $5 billion punitive award that an Alaska jury ordered it to fork over in the civil trial about the Exxon Valdez crash/oil spill/disaster.
Blawgletter has described the case and asked