Evaluating the true risk of Vioxx

merck_logo2.jpgAt the start of the recent Merck/Vioxx trial, this post noted the dearth of clinical evidence that Vioxx was a particularly risky drug.
In light of last week’s big verdict in the case, long-time Clear Thinkers favorite James D. Hamilton (prior posts here) evaluates one of the recent clinical studies on Vioxx and explains the study’s statistical basis for the conclusion that there is a slightly elevated risk of heart attack for certain Vioxx users. Professor Hamilton then juxtaposes the following question against one of plaintiff’s lawyer Mark Lanier’s more disingenuous questions during the trial:

How did we arrive at a system in which 12 random Texans are assigned responsibility for evaluating the scientific merits of statistical evidence of this type, weighing the costs and benefits, and potentially sending a productive blue-chip American company into bankruptcy protection?

Best line of the weekend

feherty.gifBest crack of the weekend came from CBS Golf on-course commentator, Irishman David Feherty, during the final round of the NEC Golf Championship, discussing Irish golfer Paul McGinley‘s background as a Gaelic football player:

“Gaelic football? Now, that’s one tough sport. Just one rule: No homicide.”

Judge Roberts opinion archive

John_roberts6.jpgGenie Tyburski via Tom Mighell passes along this AskSam website that provides a well-categorized database of the opinions of U.S. Supreme Court nominee, D.C. Circuit Judge John G. Roberts (prior posts here).
By the way, Tom is the grand-daddy of Texas blawgers and his legal research and technology blog — InterAlia — reached its three year milestone this past week. Tom’s blog is a phenomenal resource for anyone involved or interested in legal research, and Tom is one of the pioneers in redefining the way in which high-quality, specialized information is delivered to large numbers of people through the blawgosphere. Congratulations to Tom for a job well done and keep up the good work!
By the way II, in case you missed it on television, go over to the Comedy Central website, scroll down and watch the “Judge Report” video clip from the Daily Show, in which Jon Stewart cleverly excoriates the NARAL over its now infamous ad against Judge Roberts. It’s absolutely hilarious.

Posner v. the Media

posner4.jpgThree weeks ago, 7th Circuit Judge Richard Posner (prior posts here) penned this “review” of eight books on the media in the NY Times Review of Books. “Review” is in parenthesis because the piece was not so much a review of the eight books as a forum for Judge Posner to pass along his always entertaining views, this time on the media in America. Among his many observations, Judge Posner discounted the ability of even conscientious reporters and editors to put their personal beliefs aside to generate fair and honest journalism.
Well, in an interesting development, New York Times executive editor Bill Keller has written this Letter to the Editor (scroll down to the second letter) of his own newspaper in which he harshly criticizes Judge Posner’s article on the media as, among other things, “tendentious and cynical.” Bill Moyers and Eric Alterman also chime in. Finally, Dean Velvel provides this more extensive analysis on Judge Posner’s article, and Professor Ribstein has an interesting view of the journalists’ protective reaction to Judge Posner’s criticism.
I look forward to Judge Posner’s response, which will probably be published here.

Mark Lanier’s next case?

ipod.gifThis BBC article indicates that none other than Steve Jobs may be the next executive to be on the receiving end of the tort liability merry-go-round:

The surge in sales of iPods and other portable music players in recent years could mean many more people will develop hearing loss, experts fear.

Mark Lanier is licking his chops.

Piling on KPMG

kpmg logo18.jpgAs KPMG attempts to finalize a deferred prosectution agreement with federal prosecutors that would avoid an Arthur Andersen-type indictment and probable meltdown, now they have another front on the criminal battlefield to be worried about:

Mississippi likely will file criminal charges against accounting giant KPMG because it created a tax strategy the state says illegally let WorldCom, now called MCI Inc. shield billions of dollars from taxes, sources close to the case said on Friday.
Although a few other states have also weighed this strategy, Mississippi Attorney General Jim Hood is the most determined and his state would be the first to take this step, said the sources, who requested anonymity.
Under Mississippi law, “any person who willfully attempts in any manner to evade or defeat any tax . . . or assists in the evading of that tax or payment thereof” can be found guilty of a felony, one of the sources said. Penalties can be up to five years in prison, while fines can be as much as $500,000.
Analysts say Congress and corporate America would not want another of the nation’s biggest accounting firms put out of business because the industry would be overly concentrated.
Mississippi might not share the federal government’s concern that there could be too few auditors if KPMG collapsed, experts said, so KPMG might have less leverage in any talks with the state.

Hat tip to Ellen Podgor for the link to the Mississippi action.

Mayor White, hard-knuckled real estate speculator

mayorwhite2004.jpgWho would have thought when Bill White was elected that he would be spending a good amount of his time as Houston’s mayor threatening to foreclose on downtown hotel properties?
Anne Linehan over at blogHouston.net reviews the entire sordid tale.
Note to Mayor White — before you have the City foreclose its second lien on either of those hotel properties, please check to see whether either of them is generating enough revenue to pay operating expenses, much less debt service on the first lien indebtedness. Hotel properties “eat” money, and if the current owners are at least contributing enough to subsidize negative cash flows to operations, considering an alternative to foreclosure could save the City a ton of money. Sometimes you get more than you wish for when driving a hard bargain.

Dreaming of making “the Show”

minor league baseball.jpgGeorge Will, who knows a bit about baseball, wrote this interesting column yesterday in the Washington Post in which he explores the South Atlantic Minor League Baseball League, otherwise know as “the Sally.” The Sally is the hinterland of professional baseball, a low-A league in which the best players on their respective high school teams are evaluated to determine whether they have what it takes to move on to the next level of baseball’s brutally efficient meritocracy. As Mr. Will notes:

The RiverDogs play 140 games in 151 days, traveling by bus, living at least two to a room in motels, some earning as little as $1,050 a month — and only during the season — with a $20 per diem for food. “Sometimes,” says a player touchingly grateful for life’s little blessings, “the motel is near an Outback.” A young man from west Texas says, “I had a brother working in the oil fields. So if I wake up tired one day, I think, ‘I could be doing that.’ ” Most of today’s Sally Leaguers will be doing something like that sooner than they can bring themselves to imagine. But for now they are delighting some of the 40 million fans who will see minor league baseball this summer.

About 40 percent of the players on the 40-man rosters of the 30 major league clubs each spring are Sally League alumni, including, last April, Derek Jeter, Curt Schilling, Ivan Rodriguez, Luis Gonzalez, Scott Rolen, Andruw Jones and John Smoltz. But nowhere near 40 percent of Sally League players get to the majors. Most were the best on their high school teams and are slow — mercifully so — to understand the severity of professional baseball’s meritocracy.

If you are interested in baseball, read the entire article. By the way, the Stros’ farm team in the Sally is the Lexington Legends ball club. Hat tip to Phil Miller over at the Sports Economist for the link to Mr. Will’s column.

Merck gets hammered

merck_logo.jpgAs anticipated by this prior post, a Brazoria County jury found that Merck & Co. was liable for $253 million in damages ($24 million in actual damages, plus $229 million in punitive damages) as a result of its negligence in the death of a 59-year-old Robert Ernst, who at the time of death was taking Merck’s prescription painkiller Vioxx that over 20 million Americans took regularly before it was pulled from the market last year over concern that it might cause increased risk of strokes and heart attacks. The prior posts on the Merck/Vioxx trial are here, here, and here.

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To file or not to file? That is the question.

confused.gifThe Wired GC — which is an excellent blog resource for any attorney who is, or advises, a general counsel of a company — has this interesting post today about the tough decisions that some currently troubled companies currently have regarding whether they should risk a delay in filing a reorganization case under chapter 11 until after the new Bankruptcy Code Amendments of 2005 go into effect on October 17. The Wired GC also points to this handy summary by Lorraine S. McGowen of the Orrick firm regarding the changes in chapter 11 practice that will result from the amendments.
My sense is that the October 17 effective date will generate a few more reorganizations than normal over the next couple of months, but not that many. Certainly, if a company knows that a chapter 11 filing is inevitable in the near future, then filing a case sooner rather than later makes sense in light of the impending changes to the Bankruptcy Code. However, management of even the most financially-challenged companies rarely believe that bankruptcy is inevitable, so most companies will take their chances with filing under the amended Bankruptcy Code, if necessary. Finally, the Wired GC speculates that the effect of the new amendments may be to increase the number of reorganizations that end up in liquidation, which — as we have seen in regard to the legacy airlines — may not be all that bad a thing.