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Legal Blog Watch

Johnson & Johnson Agrees to Pay About $200,000 Per Case to Settle Three ASR Lawsuits in Nevada
Wednesday, August 22, 2012 12:00 AM
DePuy Hip Recall | Moriarty Leyendecker | Houston Law Firm...
FDA Holds Hearing on Metal Hips But Dodges Fundamental Question of Inadequacy of Testing 
Wednesday, June 27, 2012 12:00 AM
DePuy Hip Recall | Moriarty Leyendecker | Houston Law Firm...
Too Little Too Late? Researchers Conclude Metal on Metal Hip Replacements Should Not Be Used.
Monday, March 12, 2012 12:00 AM
Metal on Metal Should Not Be Implanted...
Metal on Metal Hip Implants an “uncontrolled experiment exposing millions of patients to an unknown risk”.
Tuesday, February 28, 2012 12:00 AM
Metal on Metal Implant Experiment...
When They Fire the CEO, Settlements Soon Follow.
Friday, February 24, 2012 12:00 AM
J. & J. Chief to Resign One Role...
Internal Email Confirms DePuy Knew of High ASR Failure Rate Long Before Recall.
Wednesday, February 22, 2012 12:00 AM
Johnson & Johnson Knew DePuy Hip Was Flawed...
DePuy Continued to Sell Hip Resurfacing Device Abroad Despite Receiving Non-Approval Letter from the FDA and Now Refuses to Answer Questions
Tuesday, February 14, 2012 12:00 AM
DePuy Refuses to Answer Questions...
Johnson & Johnson Sets Aside $3 Billion to Deal with Hip Recall Claims, with Eventual Costs Still Unknown
Wednesday, January 25, 2012 12:00 AM
$3 Billion Set Aside For Hip Claims...
DePuy Ignored Doctors' Concerns and Registry Data Showing Problems with the ASR
Tuesday, December 20, 2011 12:00 AM
DePuy Ignored ASR Problems...
After Hip Recall, Legislators Propose Bill Requiring More Monitoring of Implants
Thursday, December 15, 2011 12:00 AM
Hip Recall Bill...
Metal on Metal hip resurfacing also a disaster for patients
Thursday, October 20, 2011 12:00 AM
Hip Surgery Option Loses Key Backer...
Metal On Metal Hips Now Turning Into Health Nightmare for Tens of Thousands
Saturday, October 01, 2011 12:00 AM
Metal on Metal Hips Failing...
New York Times reports DePuy ASR hips now failing at very high rates
Thursday, September 15, 2011 12:00 AM
NYT Reports ASR Hips Failing ...
DePuy ASR complaints to the government skyrocket in 2011
Tuesday, August 23, 2011 12:00 AM
Hip Implant Complaints Surge...
Consolidated lawsuits, Senate committee look at DePuy hip implant recall
Friday, April 22, 2011 12:00 AM
Consolidated lawsuits, Senate committee look at DePuy hip implant recall....
Will Johnson & Johnson Recalls Change the Firm's Reputation?
Sunday, January 16, 2011 12:00 AM
Can Johnson & Johnson Get Its Act Together?...
Faulty DePuy Artificial Hip Points to Broken Implant System
Saturday, December 18, 2010 12:00 AM
The Implants Loophole...
Patients sue maker of recalled hip replacement device
Thursday, September 23, 2010 12:00 AM
Patients sue maker of recalled hip replacement device...
Johnson & Johnson Sued Over Hip-Replacement Devices Recalled in August
Friday, September 03, 2010 12:00 AM
Johnson & Johnson Sued Over Hip-Replacement Devices Recalled in August...
Hip Replacement Recall By Depuy Orthopaedics Is Big News
Tuesday, August 31, 2010 12:00 AM
Hip Replacement Recall By Depuy Orthopaedics Is Big News...
Two Hip Replacement Implants Recalled
Thursday, August 26, 2010 12:00 AM
ASR Hip Replacement Recall...
Johnson & Johnson Recalls Hip Implants
Thursday, August 26, 2010 12:00 AM
J. and J. Recalls Hip Implants...
DePuy Orthopedics Recalls ASR Hip Implants
Thursday, August 26, 2010 12:00 AM
DePuy Orthopedics recalls ASR hip implants...
Maker Drops Hip Device, Then Warns of Failures
Wednesday, March 10, 2010 12:00 AM
Maker Drops Hip Device, Then Warns of Failures...
License Plate Litigation: The Fight for 'GAYPWR' in Georgia
Tuesday, January 22, 2013 3:30 PM
I like to track license plate squabbles here at LBW. For example, as you may recall, the license plate "X32 IARO" is not permitted in Sweden (look at it in the mirror to see why). And "GIV ME A" is banned in Illinois, at least on Hummer vehicles. On the other hand, as Eric Lipman pointed out here, Vermont residents are free to get religious vanity license plates for their cars now that the Second Circuit has found the state's prohibition on such plates to be unconstitutional. I learned today that new license plate litigation has broken out in Georgia, where James Cyrus Gilbert's application for license plates reading 4GAYLIB, GAYPWR and GAYGUY were all denied. The Atlanta Journal-Constitution reports that these requested vanity plates are among 10,214 vanity plates banned by the state. The lawsuit, which was filed against the commissioner of the Georgia Department of Driver Services, "seeks to compel the state to approve the requested vanity plate and a court order declaring unconstitutional the state regulation that governs vanity plates." Gilbert's lawyers argue that the regulation has been applied arbitrarily and without regard to any state interest. They also argue that it is applied with "viewpoint discrimination,"...
Friday's Three Burning Legal Questions
Friday, January 18, 2013 3:04 PM
Here are today's three burning legal questions, along with the answers provided by the blogosphere. 1. Question: Is there any way for a man to be arrested for sexual assault if he has consensual sex with a woman? Answer: Yes -- if he pokes holes in his girlfriend's condoms to try to get her pregnant. (CTV News, Convicted condom-piercer taking appeal to Supreme Court of Canada) 2. Question: We run a shopping center. Can we set up our own parking meters along the private streets on our property and issue parking tickets to people who don't feed our meters? Answer: Probably not, as private entities such as shopping centers arguably have no legal authority to enforce parking meters. (The Consumerist, Mall Puts Up Its Own Parking Meters Of 'Questionable Legality', Issues Tickets) 3. Question: I am about to graduate from high school. I'd like to become a lawyer but there's no way I'm spending the next seven years going to school. Is there any way to get my law degree quicker than that? Answer: Yes, the University of Kansas will let you knock out both your bachelor's and law school degree in just six years. (ABA Journal, Both bachelor's and...
How Many Inches Is Your Subway Footlong Sub?
Thursday, January 17, 2013 3:54 PM
I'm predicting it right here and now: "In re: Subway 11-Inch Litigation" In a world where lawyers file class actions against basketball teams for resting their star players for the night that "class members" attend a game, how can there not be a class action on behalf of every Subway Footlong sub sandwich purchaser who got shortchanged by an inch? Today reports that a Facebook post that included a picture of a Subway "Footlong" sub next to a tape measure, and clearly measuring just 11 inches, has gone viral. Here is the photo: After the post received over 130,000 likes and nearly 6,000 comments, Subway was forced to issue a statement: Our bread is freshly baked daily in each of the over 38,000 Subway restaurants worldwide. We are committed to providing a consistent product delivering the same amount of bread to the customer with every order. The length however may vary slightly when not baked to our exact specifications. We are reinforcing our policies and procedures in an effort to ensure our offerings are always consistent no matter which Subway restaurant you visit. The post also led other Subway customers to break out their own measuring tapes, prompting a barrage...
Lack of Talent on Basketball Court Leads to Class Action Lawsuit
Wednesday, January 16, 2013 3:26 PM
At the end of November, as his team prepared to play its fourth game in five days against the Miami Heat in Miami, San Antonio Spurs coach Gregg Popovich decided to rest four of his team's best players -- Tim Duncan, Tony Parker, Manu Ginobili and Danny Green. In fact, Popovich put the four players on a plane home to San Antonio rather than having them travel with the team so that they could get a bit of extra rest. This left the Spurs, who were already playing without other key players Kawhi Leonard and Stephen Jackson due to injuries, with a makeshift lineup of just of nine, primarily bench players. Despite the fact that the short-handed Spurs put up a tough fight and barely lost to the Heat by the score of 105-100, many fans who had purchased tickets to the game in question were disappointed that the Spurs chose to rest their players en masse for the game. Among the disappointed was a lawyer named Larry McGuinness, who reportedly paid a premium price on the resale market to obtain tickets to the game not knowing that Coach Pop planned to rest the starters. ESPN reports that McGuinness is...
Tuesday's Three Burning Legal Questions
Tuesday, January 15, 2013 4:10 PM
Here are today's three burning legal questions, along with the answers provided by the blogosphere. 1. Question: I live in the U.K. Can I be arrested if I tell a police officer his horse is gay? Answer: Not as of this week! (The Telegraph, 'Insulting' words crime which made it illegal to call a police horse 'gay' is to be changed) 2. Question: I have been following the various updates to the "Legal Blog Watch Checklist for Bank Robbers," including the segments on the importance of an effective disguise. If I forget to bring a mask to a robbery, will a bucket over my head suffice? Answer: It will not. (Fox 8, Slidell burglar improvises after he forgets mask) 3. Question: Can I be arrested for giving random people wedgies as they exit a movie theater? Answer: Yes, that constitutes battery. (The Smoking Gun, Video Prankster Arrested After Wedgie Attacks)
Microsoft Word, the Clear Choice for Verbose Lawyers Facing a Word Limit
Monday, January 14, 2013 3:54 PM
As discussed here, jurisdictions such as Texas have become fed up with "chicanery" by lawyers who circumvent page limit rules by decreasing font sizes and white space in their briefs. In response, the Texas Supreme Court, the Texas Court of Criminal Appeals and the state's 14 intermediate appellate courts eliminated page limits in favor of the chicanery-proof standard of a word count limit. A post on the Supreme Court of Texas Blog Sunday (via How Appealing), however, reveals that even an apparently objective standard such as word count has some play in it. The new Texas word count rule states that while lawyers must include a certificate of compliance with each filing stating its word count, lawyers may rely upon "the word count of the computer program used to prepare the document." Surprisingly, it turns out that differences in the counting methodologies used by the leading word processing programs lead to differences in word count that may be important for lawyers whose briefs are approaching the word count limits. According to the SCTB, word processors vary in how they count many of the items that end up in legal briefs. For example, they produce different calculations when reviewing the following...
Friday's Three Burning Legal Questions
Friday, January 11, 2013 4:39 PM
Here are today's three burning legal questions, along with the answers provided by the blogosphere. 1. Question: I am a supervisor in a government agency. One of my employees suffers from REALLY bad flatulence. Can I issue him an official reprimand for creating an "intolerable" and "hostile" environment for coworkers, and for "conduct unbecoming a federal officer"?: I have a detailed log of the dates and times when he released the "awful and unpleasant odor." Answer: No. (The Smoking Gun, Feds Withdraw Reprimand Dealt To Gassy Worker) 2. Question: I'm running late and stuck in traffic. I'm driving alone but I have some corporate papers sitting in my passenger seat. Can I use the carpool lane since a corporation is, in the eyes of the law, a "person"? Answer: A corporation is not a person in the eyes of "carpool law," so no. (Lowering the Bar, UPDATE: No, You Can't Carpool With a Corporation) 3. Question: I am a lawyer and I need a "Bride Kidnapping Expert" for our trial. I'm out of luck, aren't I? Answer: No, you're all set! (The Sun, From MILF commander to porn historian - meet the men and women with the world's weirdest job...
Recently Admitted Lawyer Seeking Experience? Bring Your Checkbook
Thursday, January 10, 2013 3:20 PM
Back in my day, after you passed the bar and became a fledgling lawyer, you typically went to work at a law firm. You would get dressed up in a suit, commute to work, pretend like you knew how to perform basic lawyer tasks (until such time as you actually did know how to perform them), and collect a paycheck for your efforts. The last part was key -- you were spending your day working for The Man so you expected to get paid for your time. I learned via Law and More today, however, that at least one law firm in Stratford, Conn., views that old "law firm pays lawyer" model as obsolete. Indeed, if you want to train under this firm's lawyers, you better bring your checkbook. An ad posted Wednesday on Craigslist (Lawyer-in-training *Get legal experience here* (Stratford/Waterbury)) states: ARE YOU RECENTLY ADMITTED TO THE BAR, OR AWAITING BAR RESULTS, BUT NEED EXPERIENCE FOR THAT FIRST JOB? General practice attorney with more than twenty years of experience is willing to train a small number of recently admitted attorneys, or those awaiting bar results. For a monthly fee, you will be able to shadow the experienced attorney, and...
Complying With 'Email Address Ordering Hierarchy' in Law Firms
Wednesday, January 09, 2013 3:07 PM
At the Lawyerist blog, Sybil Dunlop ponders an issue that, coincidentally, I was also thinking about earlier this week: Does the order in which you list recipients' email addresses in the "To" line of an email matter at all? I was thinking about this vital question recently as I created a new email by hitting "Reply All" to an unrelated email and adding some others to the "To" line. This had the effect of placing the email addresses in a fairly random order, with a key client tacked on to the end of the email addresses and some junior lawyers before more senior lawyers. For no good reason other than it seemed to be a more prominent location, I decided to move the client to the front of the "To" line. I Ieft the rest of the email addresses where they were. Dunlop reports, however, that "email address ordering hierarchy" is an actual thing in some law firms, and that governing protocol is to list email addresses in experience-descending order. The "To" line under such a protocol should therefore read: "TO: Senior partner, junior partner, senior associate, midlevel associate, junior associate, first year, paralegal." According to Dunlop, "email address ordering...
Unwashed Advocate Blog Presents 'Client Intake 101'
Tuesday, January 08, 2013 3:18 PM
Via Simple Justice I came upon a great post from Eric Mayer on his Unwashed Advocate blog. Mayer proposes a 22-class law school course that will teach students about the practice of law -- "not just the practice of law, but the most vexing, infuriating, bad-time-consuming part of practicing law. That is potential client evaluation and intake," he says. My favorite part of the course is lessons 8 through 13, which are designed to help fledgling lawyers tell the difference between the six different types of clients that may someday walk through the door. These include: 8. Potential Clients 1: Those who know they need a lawyer, know the value of a lawyer, and were referred to you. (Happy, feel-good class day) 9. Potential Clients 2: Those who found you because of your website. (Also known as Jekyll and Hyde day) 10. Potential Clients 3: Those who found you through Avvo. (Purchase a gas mask day) 11. Potential Clients 4: Those who found you because god led them to you. (Purchase a gun day (or Hire a Bodyguard day, if you're particularly offended by firearms references)) 12. Potential Clients 5: Those who immediately say that their case will make you...