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D. Pearson v. NBTY If the Hot Fuel settlements exemplify over-regulation through litigation, the injunctive remedies proposed by the settlement in Pearson v. NBTY, Inc. exemplify mindless underregulation. (122) Both [...]

Former New York State Attorney General Eliot Spitzer often used extra-judicial tactics against Wall Street firms to appease contributors to his gubernatorial campaign. The same blend of bully tactics and demonization by the press continues to be employed by prosecutors, giving them broad powers to misuse their powers for their own gain.

The author illustrates how the passage of reviver bills in many U.S. states, including California, will damage their economies. He states that statues of limitations ensure justice by preventing the revival of claims that have been allowed to age until after evidence has been lost and witnesses have disappeared. He adds that statutes of limitations as an important element of legal certainty, which enables businesses to manage risk and design their business models. He considers the plight of the Los Angeles Archdiocese in California.