When Judges Don’t Know Everything - NYTimes.com

Linda Greenhouse on judicial imperfection.  - gwc
When Judges Don’t Know Everything - NYTimes.com:
Judge Richard Posner, on judging:

“By self-awareness and discipline, a judge can learn not to allow his sympathies or antipathies to influence his judicial votes – unduly. But the qualification in ‘unduly’ needs to be emphasized. Many judges would say that nothing ‘outside the law,’ in the narrow sense that confines the word to the texts of formal legal documents, influences their judicial votes at all. Some of them are speaking for public consumption, and know better. Those who are speaking sincerely are fooling themselves.”

'via Blog this'

Study: U.S. Hospitals Admit 7,500 Kids A Year With Gunshot Wounds

Study: U.S. Hospitals Admit 7,500 Kids A Year With Gunshot Wounds:

A new study says that each year approximately 7,500 children are admitted to U.S. hospitals with gunshot wounds and more than 500 children die during hospital admission from these injuries.

An abstract of the study, titled "United States Gunshot Violence--Disturbing Trends," was presented on Sunday by researchers at the American Academy of Pediatrics (AAP) National Conference and Exhibition in Orlando, Fla. The study also found that states with higher numbers of firearm ownership had higher proportions of childhood gunshot wounds.
"Handguns account for the majority of childhood gunshot wounds and this number appears to be increasing over the last decade," Arin Madenci, MD, MPH, the author's lead study, said in a statement issued by the AAP. "Furthermore, states with higher percentages of household firearm ownership also tended to have higher proportions of childhood gunshot wounds, especially those occurring in the home."

'via Blog this'

Penn State to Pay $59.7 Million to 26 Sandusky Victims - NYTimes.com

Penn State to Pay $59.7 Million to 26 Sandusky Victims - NYTimes.com: "Rodney A. Erickson, the president of the university, issued a statement calling the announcement a step forward for victims and the school.
“We cannot undo what has been done, but we can and must do everything possible to learn from this and ensure it never happens again at Penn State,” said Erickson, who announced on the day Sandusky was convicted in June 2012 of 45 criminal counts that Penn State was determined to compensate his victims."



'via Blog this'

New Case Management Order in New Jersey DePuy ASR Recall Litigation Extends Discovery to June 2014, More than 650 Metal Hip Lawsuits Filed in Consolidated Proceeding

New Case Management Order in New Jersey DePuy ASR Recall Litigation Extends Discovery to June 2014, More than 650 Metal Hip Lawsuits Filed in Consolidated Proceeding: "A new order has been issued in a consolidated DePuy ASR lawsuit litigation (http://www.depuy-asr-hip-recall.com/) currently underway in New Jersey’s Bergen County Superior Court, Bernstein Liebhard LLP reports.
According to a Case Management Order filed with the Court on October 17th, discovery for all matters related to the DePuy ASR metal-on-metal hip replacement has been extended to 2014. This follows a discovery end date for 2013, which will expire on or before the end of the year. Further discussion of discovery deadlines will take place at the consolidated proceeding’s next status conference on November 21, 2013, the order states.
Court records indicate that over 650 DePuy ASR recall lawsuits have been filed in the New Jersey litigation, and similarly allege that the metal-on-metal hip, which was taken off the market in August 2010 after it became associated with excessively high early failure rates, may cause serious complications in recipients. (In Re DePuy ASR Hip Implants Litigation, BER-L-3971-11)"



'via Blog this'

Watch PBS Frontline: League of Denial | Dave Pear's Blog

Watch PBS Frontline: League of Denial | Dave Pear's Blog: "Last night, PBS aired their full two-hour documentary League of Denial on Frontline and the accompanying book from Mark Fainaru-Wada and Steve Fainaru is now available online at Amazon: League of Denial: The NFL, Concussions and the Battle for Truth."



'via Blog this'

Jury Finds Bank of America Liable in Mortgage Program Nicknamed the 'Hustle' - NYTimes.com

Jury Finds Bank of America Liable in Mortgage Program Nicknamed the 'Hustle' - NYTimes.com:
by Landon Thomas, Jr.

Bank of America, one of the country’s largest banks, was found liable on Wednesday for having purposely sold defective mortgages, a result that will be seen as a victory for the government in its aggressive effort to hold large American banks accountable for their role in the housing crisis.

Moreover, the jury also found a top executive at Bank of America’s Countrywide unit liable, pinning some — if not all – of the responsibility for the bad acts on an individual.

During the trial, federal prosecutors accused Rebecca Mairone, a top executive at Countrywide at the time, of having opted for quantity over quality in its mortgage writing program, which resulted in the bank churning out housing loans that were destined to fail.

In its case, federal lawyers claimed that Ms. Mairone, who now works at JPMorgan Chase, led a program nicknamed the “hustle,” derived from HSSL, or the “high-speed swim lane.” The program linked bonuses to how fast bankers could originate loans. As a result, the credit quality of the borrower was given short shrift, the government contended. When these loans were sold on to mortgage giants like Fannie Mae andFreddie Mac, they failed, generating more than $1 billion in losses.

'via Blog this'

The Great Coronary Angioplasty Debate: Giving Patients the Right to Speak | The Health Care Blog

Informed consent.  Progress away from Father Knows Best is slow. - gwc
The Great Coronary Angioplasty Debate: Giving Patients the Right to Speak | The Health Care Blog:
by Nortin hadler, MD
Univeristy of North Carolina, School of Medicine

"I don’t, and don’t want to sit on guidelines panels. I don’t, and don’t want to sit on the committees that define the indemnifiable. I want to urge my patient to feel empowered to ask, “How certain are you that…will benefit me and what is the basis for that degree of certainty?” I want to educate my patient so that they can actively listen to the answer.
When it comes to angioplasty with or without stenting for STEMI or any other manifestation of coronary artery (or carotid or renovascular) disease, I want my patient to understand that this is not a lottery. You are as likely, or nearly as likely, to do well without the procedure as with it and will be spared the down-side. If they are so educated, even if they value the “nearly” prospect that I discount for myself, I have served them well."

'via Blog this'

Concurring Opinions » Victim compensation: different visions for different victims

Massacres yield more public support than other tragedies. - GWC
Concurring Opinions » Victim compensation: different visions for different victims:
by Prof. Julie Goldscheid

"This month’s deadline for filing claims with the 9/11 Victim Compensation Fund (the “Fund”), has caused me to review how victim compensation has evolved since Congress created the Fund in 2001, in response to the World Trade Center attacks.  The Fund responded to widespread sympathy toward survivors and surviving family members, and provided compensation for economic and non-economic losses resulting from the attacks, in return for waiver of the right to sue for damages.  By 2004, when the original Fund closed, it had paid over $7.049 billion (in public funds) to survivors of those who died in the attacks and to those who were injured in the attacks or the subsequent rescue efforts.  In 2011, Congress reactivated the Fund and expanded its scope to cover additional injured persons and to provide medical treatment and monitoring for 9/11-related health conditions.
The combination of government-supported and philanthropic resources available to survivors of the 9/11 contrasts sharply with the resources available to survivors of other crimes. "

'via Blog this'

OTHERWISE: Major NJ firms: Laterals and Clerks Dominate New-Associate Ranks, Study Finds

OTHERWISE: Major NJ firms: Laterals and Clerks Dominate New-Associate Ranks, Study Finds:



'via Blog this'

The McDonald's Coffee Case

The urban legend of the McDonald's coffee case. Watch the video.  - gwc
The McDonald's spilled coffee case

RETRO REPORT

Scalded by Coffee, Then News Media

In 1992, Stella Liebeck spilled scalding McDonald’s coffee in her lap and later sued the company, attracting a flood of negative attention. It turns out there was more to the story.