“Local sources reported recently that the plaintiff had amended her complaint to blame algae as well.” [Lowering the Bar; earlier here and here].
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From the monthly archives:
November 2009
Reads like a parody: “Health and safety inspectors are to be given unprecedented access to family homes to ensure that parents are protecting their children from household accidents.” [Times Online]
Stories you may be missing if you’re not following our sister site:
- Administration now seeks to take credit for med-mal reform as part of health care plan. How believably? (related here, here, here, here, etc.)
- Also related, if less closely: health care bill packed with goodies for labor;
- Trial lawyers continue push in Congress to restore minimally demanding notice pleading standard by overturning Supreme Court’s Iqbal, Twombly decisions;
- Imprisoned exec of Union Bank of Switzerland wants billions as whistleblowing bounty for assisting federal tax investigators;
- “Right and Left Join Forces on Criminal Justice” — the NYT coverage;
- “New Connecticut Law Tries to Trip Up ‘Runners’ and the Lawyers Who Hire Them”; Connecticut AG Blumenthal to push mandatory hospital error disclosure;
- Third-party litigation finance is getting more controversial;
- “The ethics counsel to the New York state senate told senators to hand-deliver ethics filings, rather than mailing them, to avoid coverage under the federal mail fraud statute.”
- More on public pension funds, securities class-action lawyers, and campaign contributions.
So disabled-rights groups are pressuring universities to spurn the popular reading device [Al Tompkins/Poynter]
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One way is to leave onlookers reeling at your ads’ tastelessness, as happened with one Texas criminal defense law firm. [Above the Law, A Public Defender, Mark Bennett, Scott Greenfield] Update: followup at Above the Law.
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When the wrong defendant is named in a civil complaint — wrong in the sense of being “different guy with the same name” — you might think it would be relatively routine to order the complainant to compensate the bewildered target. But it’s actually unusual enough to rate news coverage. [Jim Dwyer, "Hello, Collections? The Worm Has Turned," New York Times]
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A federal judge has dismissed the airline’s suit against pilots seeking to reclaim pension outlays arising from what it said were paper divorces followed by remarriages to the same spouse. Still pending are the pilots’ suits against Continental for wrongful dismissal and invasion of privacy stemming from the airline’s investigation of the episode. [ABA Journal; earlier here and here]
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I’m not a Microsoft Outlook user, but this advice from Volokh.com sounds as if it should work for this site as well.
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C’mon, Canada [Coleman; originally Eric Johnson, Pixelization]
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Just might be a police investigator. [Radley Balko, LaCrosse Tribune, Patrick at Popehat]
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Rick Woldenberg talks back to the California attorney general, and also raises some questions about Proposition 65 and the finances of the freelance enforcers in the case, the Center for Environmental Health (CEH). Two years ago we covered CEH’s crusade against the iPhone. More: Darleen Click/Protein Wisdom and a followup from Woldenberg.
A Hall County, Georgia jury has awarded $100,000 in damages to a woman who said that a character in the best-selling novel “The Red Hat Club” was recognizably based in part on herself, and was falsely portrayed as an “alcoholic slut.’ The lawsuit also named New York-based St. Martin’s Press (which, I should mention, is the publisher of my own book The Rule of Lawyers). [Gainesville Times, OnPoint News, decision in PDF]
More: Fulton County Daily Report (per defense counsel, jurors “were essentially instructed that, in Georgia, modeling a fictional character after a real person is a strict liability offense.”)
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The Progressive Policy Institute (!) criticizes a provision almost snuck into the health-care bill that would have been a windfall for trial lawyers at the expense of the rest of us. Earlier and earlier on Overlawyered, which was the first to publicize the provision.
- “California’s Largest Cities and Counties Spent More Than $500 Million in Litigation Costs in Two Years” [CACALA]
- Violence Policy Center blames handgun carry permits for offenses that include … strangulation? [Sullum]
- New allegations in New York school district lawyers pension scandal [Newsday]
- Plush doll twade dwess dispute made Tonstant Weader fwow up [Schwimmer]
- “School Hit With a Lawsuit over Dodgeball Game Injury” [FindLaw "Injured", Bronx]
- Too bad judges are so reluctant to sanction lawyers for filing papers that contain false assertions [Coleman]
- Hundreds of asylum clients could be deported after law firm founders are convicted of fraud [ABA Journal]
- Congratulations to superlative juryblogger Anne Reed, picked to run Wisconsin Humane Society [Deliberations; also Turkewitz]
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An Ohio town discontinues its municipal WiFi network after MPAA lawyers rattle swords about a copyrighted movie that moved through the system. Andrew Moshirnia at Citizen Media Law explains. And (h/t reader CTrees) note that the town turned the system back on at Sony’s request, following a national outcry over the incident.
And at least somewhat relatedly: “Viacom’s top lawyer: suing P2P users ‘felt like terrorism’” [ArsTechnica]
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A bright-line rule in legal ethics: don’t order that witnesses be killed [Philadelphia Inquirer, WSJ Law Blog on prosecutors' allegations in a case against New Jersey criminal defense lawyer Paul Bergrin]
The Arkansas plaintiff’s lawyer says he was too embarrassed to make layoffs as his finances turned sour, which is why he stole the $9.3 million in class-action settlement funds [WSJ Law Blog, ABA Journal] Earlier here, here, and here.
More from Kevin LaCroix:
An earlier WSJ.com Law Blog post reported (here) that Cauley was in fact a protégé of Bill Lerach. Today’s article on Bloomberg (here) about Cauley’s criminal sentencing notes that Cauley joins a growing list of plaintiffs’ securities class action attorneys who have “been jailed for felonies,” including Bill Lerach himself and his former law partners, Mel Weiss, Steven Schulman and David Bershad, and including even Marc Dreier.
These gentlemen of course made their living for many years accusing corporate officials of fraud. Ahem. Yes, well…isn’t ironic, don’t you think?
