From the monthly archives:

April 2010

Press coverage of the “rubber rooms” was just too embarrassing, though it’s not clear that the new arrangements will solve much [Tabarrok; earlier here, here, etc.]

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The injured man “took the [legal] action after health and safety inspectors concluded the hotel failed to carry out a risk assessment on the dangers of pruning. They also said that his employer should have given him training on where to place the ladder.” [Telegraph, Daily Mail]

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The nutritional paste seems to be a really useful invention in getting international food assistance to the poor. Does that mean it’s okay to break its patent? [Alanna Sheikh, AidWatch]

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Beldar offers one dissenting view. More: David Link, Independent Gay Forum.

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The lawyer is a prominent figure in Orange County, Calif. politics. As usual, the tricky part comes in distinguishing between actual extortion and the way lawyers are often known to behave in ordinary, garden-variety settlement talks [Newport Beach Daily Pilot via ABA Journal]

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The Environmental Protection Agency — currently rolling out new regulations expected to substantially boost the cost of home renovation projects and drive many smaller, less formal repair providers from the market, all in the name of lead reduction — turns out to have lead exposures at its own headquarters exceeding the relevant federal standards in one case by 92,500 percent [Daily Caller] Can it fine itself?

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Elie Mystal at Above the Law reports from a panel discussion on nontraditional models of law schooling:

… The educators had great things to say about their programs, but not one of them were focused on the cost to students. …

When the panel opened up for questions, I thought the audience would slam the panel for their incremental changes and full price demands. I totally misread the room on that one. There was only one thing an audience of professors cared about when assessing new educational models.

Tenure.

Can you get tenure doing this? Will you be up for tenure more quickly doing that? Will tenure requirements be softened for professors that teach over the summer? How do I get tenure?

A lawyer for a condemned Ohio prisoner says it could be illegal to execute him because he may be allergic to the anesthesia used in the lethal injection procedure. [AP/Columbus Dispatch via James Taranto, who has additional background]

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A Brooklyn jury found his story believable enough to award him $1 million, but an appellate court wasn’t having it. [John Hochfelder, New York Injury Cases Blog]

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Probate poser in Arizona

by Walter Olson on April 15, 2010

Marie Long, now 88, was “worth $1.3 million when she [suffered a stroke and] came under the protection of Maricopa County’s probate court in 2005. Today, she’s destitute and depends on taxpayers for support.” Where’d the money go? [Laurie Roberts, Arizona Republic and more via ABA Journal] But see: A different view of the affair [Phoenix New Times via ABA Journal]

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From Computing (UK):

Law firm Tilly Bailey & Irvine (TBI) has stopped the bulk mailing of legal threats on behalf of rights holders to people accused of illegal file-sharing.

The move follows a campaign by consumer charity Which?, claiming the practice is unfair. It effectively reduces the number of UK law firms involved in bulk litigation against alleged file-sharers to one: London-based ACS Law Solicitors.

It makes a contrast with the situation in the U.S., where there seems to be no shortage of law firms eager to represent RIAA and other rights holders in mass litigation campaigns against consumers. Which? dubbed the mass demand letters “speculative invoices” and called them to bar regulators’ attention as a potential ethical violation.

Bill Lerach’s contemplated hop from the federal slammer to a teaching position may be especially notable, but Kai Falkenberg at Forbes reminds us that others with records of disgrace or lawbreaking have turned up at the law lectern too, including Sixties terrorist Bernardine Dohrn, long ensconced at Northwestern; disbarred felon Lynne Stewart, who addressed the celebrated Hofstra ethics conference; and smurfing specialist Eliot Spitzer, who “taught a class called ‘Law and Public Policy’ at City College during the fall 2009 term.” And had you heard that former Illinois Gov. Rod Blagojevich, whose trial on corruption charges is upcoming, gave a student-sponsored talk last month at Northwestern on the topic of ethics in government?

Sometimes it can be hard to tell the faculty panel discussion from the police lineup. In my forthcoming book Schools for Misrule: Legal Academia and an Overlawyered America — due out next spring from Encounter Books — I’ll have a lot more to say about the lessons that sends.

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April 15 roundup

by Walter Olson on April 15, 2010

  • Naperville, Illinois: psychologist sues homeless man saying she was defamed in his blog [AP]
  • Unusual case from Erie, Pa.: “Girl claims injuries from price scanner” [AP/Pittsburgh Post-Gazette] Judge dismisses complaint for lack of evidence [Erie Times-News]
  • Too true: “Motion Control Advances Mean Future Generations Could Play Outside” [Brian Briggs, BBSpot via Free-Range Kids]
  • Huzzah for Husson: Maine university drops quest to add law school [Bangor Daily News]
  • Town sued over pool drowning of 13 year old boy seeks to add boy’s parents to suit [Ridgewood News, NorthJersey.com]
  • Manhattan judge sanctions Morelli Ratner law firm $6,000 over “spiteful”, “wasteful” lawsuit against former client [NYLJ, January]
  • “Canada is now a land that prosecutes comedians for their jokes.” [Steyn, Maclean's] Ron Coleman’s unkind comment: “I’ve heard their comedians. It’s about time.”
  • “Smokey the Bear’s rules for fire safety also apply to government: Keep it small, keep it in a confined area, and keep an eye on it.” [David Boaz, Cato at Liberty]

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“For several years, [defendant Susana] Chung ‘acted as the conduit’ of fraudulent insurance claims filed in connection with staged crashes in Northern California, said Larry Blazer, an Alameda County assistant district attorney.” Nearly 100 persons, mostly “victims” of bogus accidents but also including three chiropractors, have been found guilty in the scheme. [San Francisco Chronicle, Oakland Tribune via ABA Journal]

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“A single mother soldier is expecting to win a large payout from the Army after a tribunal ruled that it had failed to take enough notice of her childcare needs. … a tribunal ruled [Tilern DeBique] was within her rights to miss training [in Britain's 10th Signal Regiment] when she could not find anyone to look after her daughter.” [Telegraph]

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Released from prison, the felonious class-actioneer plans to join Dean Erwin Chemerinsky’s left-leaning new University of California law school to lecture students on the topic of “Regulation of Free Market Capitalism — Why Have We Failed?”. He also apparently intends to claim the time spent in this propagandistic effort toward his community service obligation. In an interview with Diane Bell of the San Diego Union-Tribune, he says of his past legal practice: “I would not have done anything differently.” “I also intend to be active in progressive political activities probably with the Campaign for America’s Future,” he says. [Sign On San Diego, WSJ Law Blog, Ribstein; cross-posted from Point of Law]

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Michael Steadman posted a negative review on eBay over a $44 clock that he didn’t think worked as advertised. He’s already spent $7,000 defending himself against the defamation suit filed by the seller, who is a Miami Beach lawyer. [Orlando Sentinel, Obscure Store]

The suit against Mohawk Industries had been billed as a test case for private litigation extracting cash from employers over use of illegal immigrant labor. An insurer will pay $13 million and the company said the remainder of the settlement was less than the legal costs of continuing to fight. [Fulton County Daily Report, earlier, etc.]