June 2002 archives, part 2


June 19-20 – Supreme Court clarifies ADA. This term the Supreme Court handed down four decisions interpreting the Americans with Disabilities Act, in each case rejecting expansive readings of the law. Our editor analyzed the three employment cases in yesterday’s Wall Street Journal (Walter Olson, “Supreme Court Rescues ADA From Its Zealots,” Wall Street Journal, Jun. 18 (online subscribers only)). See also David J. Reis and Dipanwita Deb Amar, “U.S. Supreme Court in ‘Echazabal’ Puts Federal, State Disability Laws in Line”, The Recorder, Jun. 17) (even California employment law, nearly always more favorable for employees than its federal counterpart, acknowledges that employees may refuse to employ disabled workers in jobs that endanger their safety). (DURABLE LINK)

June 19-20 – Judicializing politics (cont’d). Rep. Bob Barr (R-Ga.), active in the 1998 battle over impeachment of then-Pres. Clinton, “has filed suit in a Washington federal court against the former president, Clinton loyalist James Carville and politically active pornographer Larry Flynt seeking compensatory damages ‘in excess of $30 million’ for ‘loss of reputation and emotional distress’ and ‘injury in his person and property’ allegedly caused by these three — who Barr claims conspired to ‘hinder [the plaintiff] in the lawful discharge of his duties.’” Barr is being represented by Larry Klayman of the famously litigious organization Judicial Watch (see Apr. 16-17). (Lloyd Grove, “Bob Barr’s Believe It or Not”, Washington Post, Jun. 13). (DURABLE LINK)

June 19-20 – To run a Bowery flophouse, hire a good lawyer. What with New York City’s absurdly anti-landlord rental code and the ongoing predations of publicly funded legal services groups, “it takes a tough lawyer to run a decent flophouse.” (John Tierney, “A Flophouse With a View (on Survival)”, New York Times, Jun. 11). Tierney, whose columns have been a highlight of the Times‘ Metro section, is moving to Washington to cover that city for the paper. (DURABLE LINK)

June 19-20 – “Suits Against Schools Explore New Turf”. Sexual harassment suits are on the rise, suits demanding concessions for special education students are already well-established, and although many states’ laws give schools some protection against personal-injury suits, “attorneys are finding creative new ways to get around the roadblocks”. (Alan Fisk, National Law Journal, Jun. 11). (DURABLE LINK)

June 17-18 – No “flood” of Muslim or Arab discrimination complaints. After the terrorist attacks last fall some major media outlets reported that state and local civil rights agencies were being flooded with complaints of discrimination by Muslims and persons of Arab descent. Notwithstanding a widely publicized recent suit against airlines for alleged misdeeds in passenger security profiling (see Jun. 6), the official numbers on other types of discrimination cases “tell a less alarming story. While there certainly was a hike in such bias claims since September, it’s hard to say that the increase was serious or even statistically significant.” (Jim Edwards, “Post-Sept. 11 ‘Backlash’ Proves Difficult to Quantify”, New Jersey Law Journal, Jun. 12). (DURABLE LINK)

June 17-18 – Spitzer riding high. In the New York Times Magazine, James Traub profiles New York Attorney General Eliot Spitzer, currently enjoying a wave of favorable publicity after negotiating a settlement in which Merrill Lynch agreed to change its analyst policy and fork over money to the states; Spitzer’s efforts to bludgeon the national gun industry into accepting unlegislated gun controls, however, have been markedly less successful. Quotes this site’s editor (James Traub, “The Attorney General Goes to War”, New York Times Magazine, Jun. 16). On abusive litigation by AGs, see the recently published analysis by Cumberland law prof Michael DeBow, “Restraining State Attorneys General, Curbing Government Lawsuit Abuse” (Cato Policy Analysis No. 437, May 10). On the federalism angle, see Michael S. Greve, “Free Eliot Spitzer!”, American Enterprise Institute Federalist Outlook, May-June. Plus: Boston Globe columnist Charles Stein on the trouble with policymaking by prosecution, also quotes our editor (“Memo to Policy Makers: Make Policy”, Jun. 16). (DURABLE LINK)

June 17-18 – Jury nails “The Hammer”. Rochester, N.Y.: “A state Supreme Court jury nailed personal-injury lawyer James ‘The Hammer’ Shapiro with a $1.9 million judgment Tuesday in a legal-malpractice case. Jurors found that Shapiro, best known for flamboyant television commercials in which he promises to deliver big cash to accident victims, mishandled the case of client Christopher Wagner, who was critically injured in a two-car crash in Livingston County. They also found that Shapiro’s advertising, which led Wagner to him, was false and misleading. … Wagner’s lawyers, Patrick Burke and Robert Williams, said the award should chasten Shapiro, who gleefully refers to himself as ‘the meanest, nastiest S.O.B. in town’ in his commercials.”

After suffering a severe auto crash which left him in a coma for a month, Wagner “hired Shapiro after his brother saw one of Shapiro’s TV commercials. Wagner dealt with a paralegal and never met a lawyer from Shapiro’s firm until after he agreed to a $65,000 settlement.” The jury found that the law firm had negligently failed to press Wagner’s case against the other motorist, instead accepting from that motorist’s insurer a settlement which undervalued the case and was insufficient to pay Wagner’s medical bills. “Shapiro, whose firm of Shapiro and Shapiro is based in Rochester, didn’t attend the trial. He testified by a videotaped deposition in which he admitted that he has never tried a case in court, leaves the legal work to subordinates and lives in Florida.” (Michael Ziegler, “Award claws ‘The Hammer’”, Rochester Democrat & Chronicle, Jun. 12)(link now dead). Shapiro is also known for his role in websites entitled Million Dollar Lungs (asbestos client recruitment) and CPalsy.com (“Your child’s cerebral palsy may be the result of a mistake. Don’t Get Mad, Get Even”). See also Dec. 5, 2003. Update May 24, 2004: court suspends Shapiro from practice in New York for one year. (DURABLE LINK)

June 17-18 – Not worth the hassle? “Home Depot Inc., the nation’s largest hardware and home-improvement chain, has told its 1,400 stores not to do business with the U.S. government or its representatives.” Most managers in the chain surveyed by the St. Louis Post-Dispatch said “they had received instructions from Home Depot’s corporate headquarters this month not to take government credit cards, purchase orders or even cash if the items are being used by the federal government. … One Home Depot associate at a store in San Diego said, ‘It feels weird telling some kid in uniform that I can’t sell him 10 gallons of paint because we don’t do business with the government.’” Although the Atlanta-based chain is close-lipped about the reasons for its policy, companies that sell more than nominal quantities of products or services to the federal government risk being designated as federal contractors, a status that brings them under a large body of regulation over their practices in employment and other areas. (Andrew Schneider, “Home Depot stops doing business with federal government”, St. Louis Post-Dispatch, Jun. 16). Update Jul. 1-2: company reverses policy. (DURABLE LINK)

June 17-18 – Alamo’s stand. “Alamo Rent A Car had no ‘duty to warn’ a Dutch couple visiting Miami not to drive into high-crime areas of the city, lawyers for the company told a three-judge panel of the 3rd District Court of Appeal Wednesday in an effort to overturn a $5.2 million jury verdict. Lawyers for Alamo told the judges that there is no way their client could have known that the couple would venture into Miami’s Liberty City neighborhood, where Tosca Dieperink was shot to death as she sat in the rental car in 1996.” We last covered this story Jun. 29, 2000, at which time we wondered: how many different kinds of legal trouble would Alamo have gotten into if it had warned its customers to stay out of the toughest urban neighborhoods? (Susan R. Miller, “Car Rental Agency Fights $5.2M Verdict for Slain Tourist”, Miami Daily Business Review, Jun. 14). (DURABLE LINK)

June 14-16 – “Civil Rights Agency Retaliated Against Worker, EEOC Rules”. Do as we say dept.: The Equal Employment Opportunity Commission has ruled that the U.S. Commission on Civil Rights, the federal agency which claims for itself the role of public watchdog on discrimination matters, unlawfully retaliated against its former staff solicitor, Emma Monroig, after she filed a discrimination complaint against it in 1995. The commission, which has a staff of about 75, has been hit with nine recent EEOC complaints from employees, of which at least three have been settled. (Darryl Fears, Washington Post, Jun. 13). (DURABLE LINK)

June 14-16 – Dealership on the hook. “A Michigan auto dealership that failed to complete the title transfer on a car involved in a fatal accident has been hit with a $12 million jury verdict.” In July 1999 Les Stanford Oldsmobile in suburban Troy allowed Mohammad Bazzi, then 20, to drive away his newly purchased 1996 Camaro convertible although the paperwork to transfer title was not complete. Bazzi was supposed to return to sign the papers, but never made it: two days later, driving intoxicated at an estimated 100 mph on I-75 at 2:30 in the morning, he smashed the car into the rear of a slower moving truck, killing his 18-year-old passenger, Ronny Hashem. Hashem’s survivors sued the dealership citing Michigan’s 70-year-old Owner Liability Statute, “which holds the owner of a car liable whenever the car is being operated consensually”. (Peter Page, “High-Speed Death”, National Law Journal, Jun. 12). (DURABLE LINK)

June 14-16 – Batch of reader letters. Readers take issue with our coverage of a Canadian court’s ruling on welfare reform (we stand accused of citing a conservative columnist) and of the recent suit against a baseball-bat maker by a teenager hit by a line drive; offer a different perspective on the Audubon String Quartet litigation; and track down the drunk driving defense law firm that has trademarked the phrase “Friends don’t let friends plead guilty”. (DURABLE LINK)

June 13 – Breaking news: slaying at Texas law firm. 79-year-old Richard Joseph Gerzine of Vidor, Tex. is in custody following a fatal shooting at the offices of the prominent Beaumont plaintiff’s firm of Reaud, Morgan & Quinn, known for its role in the asbestos and tobacco controversies. The victim was senior partner Cris Quinn. The perpetrator was said to have been angered by the law firm’s refusal to represent him in an asbestos case. (Beaumont Enterprise, Jun. 13; AP/Houston Chronicle, Jun. 13). (DURABLE LINK)

June 13 – “Student gets diploma after threatening lawsuit”. “A threatening letter from her lawyer and an opportunity to retake an exam hours before graduation helped a West Valley high school student get her diploma last month. … On May 22, Stan Massad, a Glendale attorney representing the Peoria family, faxed a letter to [English teacher Elizabeth] Joice asking her to take ‘whatever action is necessary’ for the student to graduate or the family would be forced to sue. ‘Of course, all information regarding your background, your employment records, all of your class records, past and present, dealings with this and other students becomes relevant, should litigation be necessary,’ he wrote to the teacher.” (Monica Alonzo-Dunsmoor, Arizona Republic, Jun. 10; lawyer’s letter; teacher’s response; Joanne Jacobs, Jun. 12).

UPDATE: The case has mushroomed into a cause celebre in Phoenix (Arizona Republic coverage: Maggie Galehouse, “Decision to allow Peoria student to graduate draws outrage”, Jun. 12; “State Bar probes threat against teacher over student’s graduation”, Jun. 13; “Failing your classes? Get a better lawyer”, (editorial), Jun. 11; “Pathetic plight in Peoria” (editorial), Jun. 12; Benson cartoon, Jun. 11; Richard Ruelas, “Lawyer made an offer school couldn’t refuse”, Jun. 12). In the blog world, see Thomas Vincent, Jun. 11 and later posts; Edward Boyd, Jun. 11 and later posts; DesertPundit, Jun. 13. And InstaPundit and “Max Power” discuss issues of whether the lawyer might face bar discipline and why the family members have been allowed to keep their names confidential. More update: Monica Alonzo-Dunsmoor, “Peoria district issues an apology for furor”, Arizona Republic, Jun. 15. (DURABLE LINK)

June 13 – “The NFL Vs. Everyone”. “Why is it that football players/owners/teams are in court all the time? And why would the Broncos sue fans? The NFL is a great case study in litigiousness gone haywire.” (Dan Lewis, dlewis.net, Jun. 12; see “NFL Bootleg: Making the Court Circuit”, Bootleg Sports/FoxSports, Jun. 12). Lewis’s blog also calls our attention (Jun. 11) to this article explaining one remarkable implication of new “medical privacy” laws: “Law May Forbid Leagues to Say if Player Is Hurt” (Buster Olney, New York Times, Jun. 11 (reg)) (DURABLE LINK)

June 13 – He’s at it again. It seems Kevin Phillips has published another of his awful books. Here’s what we said about one of the earlier ones. (DURABLE LINK)

June 11-12 – “French ban sought for Fallaci book on Islam”. The true meaning of hate-speech laws? In France, an “anti-racist” group has filed a legal action demanding a ban on the publication of a new book by outspoken Italian journalist Oriana Fallaci criticizing Islamic fundamentalism and defending the United States in the wake of the Sept. 11 attacks. (Reuters/MSNBC, Jun. 10)(& welcome InstaPundit readers). (DURABLE LINK)

June 11-12 – Malpractice crisis latest. More problems with the notion of suing our way to quality medical care: Philadelphia’s Jefferson Hospital, citing rising malpractice insurance bills, has laid off 99 workers and eliminated 80 vacant jobs. (Linda Loyd, “Jefferson Hospital cuts 179 positions”, Philadelphia Inquirer, May 21). Brandywine Hospital, which operates the only trauma center in Chester County, Pa., said it would temporarily close its center, with the result that “trauma patients — the most severely injured accident victims — will be diverted to trauma centers at hospitals in surrounding counties.”. It blamed malpractice costs for difficulty in recruiting qualified physicians (Josh Goldstein, “Hospital closing trauma center”, Philadelphia Inquirer, Jun. 5). The closure of a Wilkes-Barre ob/gyn practice typifies the forces driving doctors out of Pennsylvania, according to the Wilkes-Barre Times Leader (M. Paul Jackson, “Frustrated doctors look to quit area”, May 1). The supply of neurosurgeons in central Texas is likewise under pressure, resulting in the family of an accident victim’s “being told a city of Austin’s size had no spine surgeon available when they desperately needed one”. (Mary Ann Roser, “Neurosurgeons in short supply”, Austin American-Statesman, May 19). Update: Francis X. Clines, “Insurance-Squeezed Doctors Folding Tents in West Virginia”, New York Times, Jun. 13). (DURABLE LINK)

June 11-12 – Flash: law firm with sense of humor. This one’s been around for a while, but we’ve never paid it due tribute: Denver’s Powers Phillips maintains the only law firm website we’ve seen that’s laugh-out-loud funny (and even manages to tell you a lot about the firm) (& update:Metafilter thread). (DURABLE LINK)

June 11-12 – “San Francisco Verdict Bodes Ill for Oil Industry”. Oil refiners are unhappy about a recent verdict in which a West Coast jury declared that the gasoline additive MTBE, which has a nasty tendency to seep into water tables, is defective and should never have been marketed. The refiners have contended that the federal government itself pushed the industry into adding MTBE to gasoline by way of the Clean Air Act’s 1990 amendments, which mandated the use of reformulated and oxygenated gas to reduce air pollution. At least two earlier courts did accept that defense, but now the industry may stand exposed to potential billions in damages. (June D. Bell, National Law Journal, May 3). Background: Energy Information Administration, “MTBE, Oxygenates, and Motor Gasoline” (Mar. 2000). (DURABLE LINK)

June 11-12 – Welcome “Media Watch” (Australia). On the Australian Broadcasting Corp. program, which monitors the press, Steve Price traces the circulation of the much-forwarded “Stella Awards”, a list of (fictitious, invented) outrageous lawsuits (see Aug. 27, 2001) (June 10). (DURABLE LINK)

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June 20 roundup
06.20.08 at 10:20 am

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