More end of the year lists - UPDATED

Continuing our coverage of the end of the year's lists, here is a link to Drug and Device Law Blog's Top Ten "Best" cases of the year.  I will let you know if Litigation and Trial blog posts a reply to this one as it did to the Top Ten "worst" cases list. (See here.)

UPDATE 1/3/11:  here is the reply in Litigation and Trial.

Another end of the year top ten list

Here is a non-law related list of interest:  Top ten science blog posts of 2011, as selected by Smithonian magazine's Surprising Science blog.  Smithonian is my favorite magazine, by the way.

End of the year "Top ten lists"

As usual, around this time of the year we start seeing "top ten lists" for everything.  Here are a few lists of interest:

Abnormal Use has a list of their favorite posts from their own blog here. It is a good one.  Note that it is in chronological order, rather than the more typical "top ten" order.  Also note that the second one of their posts from way back in February involves a discussion with me!  Does that make my comments one of the top ten of the year too?

Drug and Device law blog has a list of what they consider to be the worst cases of the year here.  If you take the time to read this list, you must also read the next one.

Litigation and Trial has a great response to Drug and Device here, in which it argues D&D is wrong about these cases. 

Similarly, The Week has a list it calls the 8 craziest (by which it means most frivolous) lawsuits of 2011, and David Waterbury and Eric Turkewitz reply to it here arguing many of these cases are not frivolous at all.

Finally, take a look here for the Top Legal Ethics Stories of the Year list as compiled by the Legal Ethics Forum.

Report of possible mass tort scandal in France

Prof. Jonathan Turley is reporting today (here) that France is experiencing a massive tort scandal after it was discovered thousands of women were given breast implants containing industrial silicone rather than medical silicone.  He recently also reported on cases in the United States of people posing as doctors who performed procedures for others using materials purchased from auto and home repair stores. (See here).  However, these cases do not come close to the French scandal. Over 30,000 women in France (as well as some in Spain and the UK) may have had the defective products from Poly Implant Prosthesis (PIP).  PIP is one of the world’s leading producers of the implants and reportedly saved €1 billion a year by using industrial silicone instead of medical-grade fillers. The company has now closed after women developed cancer and other illnesses.

On a side note, if these cases were ever to be litigated one would think they would justify the imposition of punitive damages.  However, it is unlikely that France recognizes punitive damages.  

Why is my blog not communicating with Google Reader?

I just noticed that Google Reader is not updating the posts on this blog.  The last post my reader shows is from December 7.  Anyone know why this happens and how it can be solved?

UPDATE:   Ok; I don't know exactly how I did it, but I think I solved the problem...  Carry on....

Legal Malpractice on 34th Street

Abnormal Use has an interesting take on the movie Miracle on 34th Street, a Christmas classic.  As you may recall, the movie's climax is a trial scene.  Abnormal Use reviews the film and discusses how inaccurate the courtroom scenes are here.

NTSB calls for ban on use of cellphones (and other devices) while driving

Earlier today, the National Transportation Safety Board (NTSB) officially called for the first-ever nationwide ban on driver use of personal electronic devices (PEDs) while operating a motor vehicle. The recommendation extends to all PEDs, whether hand-held or hands-free. According to a report by Public Citizen, the NTSB does not have authority to impose this policy by regulation, but its views are often held in high regard by federal and state policy makers. You can read the NTSB press release here and a summary of its report here.

Tobacco Companies Preparing for Supreme Court Review of Graphic Labels

Back in June I reported that the FDA enacted a regulation to mandate new labels for cigarette packs with various graphic images and messages such as “Smoking can kill you.” (See here)  Some time later, after five of the nation's largest cigarette manufacturers filed suit against the FDA, the federal judge presiding over the case granted a preliminary injunction that prevents the FDA from enforcing the new rule.  See here and here.

Today, the Blog of the Legal Times is reporting that in a new motion filed today, the cigarette manufacturers suing the FDA are hinting that they already have their sights set on the Supreme Court.  See the motion here.  Read the story here.

Recent developments in medical malpractice

The Maryland Medical Malpractice Attorney Blog has a list of recent developments in med mal here.

Update on the claims related to the Indiana sate fair stage collapse - UPDATED

ThePopTort has been covering the developments on the claims related to the Indiana state fair stage collapse, particularly the effect of the state's cap on damages.  In the most recent comment, it states that Ken Feinberg, who created a lot of controversy for the way he managed the Gulf oil spill on behalf of BP, has been recruited to do a similar job in Indiana.  According to the report, he announced yesterday that the families of the seven people killed will get only $300,000 and that Feinberg "is pressuring these families to sign quickly and requiring a complete liability release, so if they take this paltry sum, these families can’t even challenge the cap in court."  The post also comments on similar developments in two other cases in Philadelphia and West Virginia. Read the full story here.

UPDATE:  12/9/11:  ABC news reports that the offers expire next Monday.  If that is accurate and the offers were made on the 7th when the report came out, I think it is fair to say what The PopTort characterized as "pressuring the families" to settle.  According to the ABC article, though, the offers may be for more than $300,000 for certain category of plaintiffs.