Overlawyered http://overlawyered.com Chronicling the high cost of our legal system Sat, 11 Oct 2008 05:18:04 +0000 http://wordpress.org/?v=2.5.1 en Update: wrestlers’ class action against WWE http://overlawyered.com/2008/10/update-wrestlers-class-action-against-wwe/ http://overlawyered.com/2008/10/update-wrestlers-class-action-against-wwe/#comments Sat, 11 Oct 2008 05:18:04 +0000 Walter Olson http://overlawyered.com/?p=7670 When guestblogging at this site not long ago, Daniel Schwartz of the Connecticut Employment Law Blog contributed a highly popular post about the class-action lawsuit filed by three professional wrestlers (”Raven”, “Chris Kanyon”, and “‘Above Average’ Mike Sanders”) charging that they had been improperly categorized as independent contractors and in fact stood in the position of employees to Connecticut-based World Wrestling Entertainment, Inc. Now he’s posted a couple of substantial updates at his blog (Oct. 4, Oct. 8) introducing the litigants, attorneys and judge, describing how the suit can be expected to unfold, and explaining why its outcome might turn out to be important for those other than wrestlers and their fans.

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]]> http://overlawyered.com/2008/10/update-wrestlers-class-action-against-wwe/feed/ Signaling the client during cross-examination? Me? http://overlawyered.com/2008/10/signaling-the-client-during-cross-examination-me/ http://overlawyered.com/2008/10/signaling-the-client-during-cross-examination-me/#comments Fri, 10 Oct 2008 19:02:35 +0000 Walter Olson http://overlawyered.com/?p=7667 Lawyer Robert Bundy, representing a key witness at the Ted Stevens trial, is said to be all “torn up” about the judge’s accusation that he was transmitting secret nods and movements to convey to his client what testimony was desirable. Eric Turkewitz says that in his experience coaching during testimony takes three forms: “speaking objections”, nods and head movements (which may be unconscious), and deliberate signaling. (Oct. 7; AP/Google).

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]]> http://overlawyered.com/2008/10/signaling-the-client-during-cross-examination-me/feed/ Rin Tin Tin lawsuit “is not about money” http://overlawyered.com/2008/10/rin-tin-tin-lawsuit-is-not-about-money/ http://overlawyered.com/2008/10/rin-tin-tin-lawsuit-is-not-about-money/#comments Fri, 10 Oct 2008 18:44:13 +0000 Walter Olson http://overlawyered.com/?p=7666 Prof. Obbie (LawBeat) wonders (Oct. 7) whether an NPR interviewer could have been bolder in challenging the owner of Rin Tin Tin Inc. when she asserted that her trademark lawsuit against a Hollywood studio was not about the you-know-whats.

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]]> http://overlawyered.com/2008/10/rin-tin-tin-lawsuit-is-not-about-money/feed/ Legal protection for dignity of plants http://overlawyered.com/2008/10/legal-protection-for-dignity-of-plants/ http://overlawyered.com/2008/10/legal-protection-for-dignity-of-plants/#comments Fri, 10 Oct 2008 13:03:33 +0000 Walter Olson http://overlawyered.com/?p=7665 That whole “sober, sensible Switzerland” concept may need to be rethought. (Gautam Naik, “Switzerland’s Green Power Revolution: Ethicists Ponder Plants’ Rights”, Wall Street Journal, Oct. 10).

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]]> http://overlawyered.com/2008/10/legal-protection-for-dignity-of-plants/feed/ Bullied by Dozier, ISPs took down customer’s sites http://overlawyered.com/2008/10/bullied-by-dozier-isps-took-down-customers-sites/ http://overlawyered.com/2008/10/bullied-by-dozier-isps-took-down-customers-sites/#comments Fri, 10 Oct 2008 12:51:41 +0000 Walter Olson http://overlawyered.com/?p=7664 Waving threats of “contributory trademark infringement” and the like, Virginia lawyer and emerging Overlawyered favorite John Dozier has gotten more than one hosting intermediary to yank the Dozier-critical websites of opponent Ronald Riley. (Paul Alan Levy, Consumer Law & Policy, Oct. 3). “Unfortunately, when faced with a legal threat, many hosting sites will sacrifice your freedom of speech and send you looking for a new home on the Internet.” (David Ardia, Citizen Media Law Project, Oct. 9)(earlier). More: Ryan Gile, Las Vegas Trademark Attorney (via Ron Coleman).

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]]> http://overlawyered.com/2008/10/bullied-by-dozier-isps-took-down-customers-sites/feed/ Artist detained at border over sketch of SUV http://overlawyered.com/2008/10/artist-detained-at-border-over-sketch-of-suv/ http://overlawyered.com/2008/10/artist-detained-at-border-over-sketch-of-suv/#comments Fri, 10 Oct 2008 12:03:18 +0000 Walter Olson http://overlawyered.com/?p=7662 From J-Walk Blog:

Keene Valley resident Jerilea Zempel was detained at the U.S. border this summer because she had a drawing of a sport-utility vehicle in her sketchbook.

U.S. Customs and Border Protection officers told Zempel they suspected her of copyright infringement.

She was released after more than an hour in custody at the Houlton, Maine, port of entry from New Brunswick, Canada.

Her release came only after she persuaded border guards she was an artist doing a project that involved a crocheted SUV as a statement against America’s dependence on oil and love for big vehicles.

(Lohr McKinstry, “Keene artist had hard time getting back into US”, Plattsburgh (N.Y.) Press-Republican, Oct. 4).

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]]> http://overlawyered.com/2008/10/artist-detained-at-border-over-sketch-of-suv/feed/ Microblog 2008-10-09 http://overlawyered.com/2008/10/microblog-2008-10-09/ http://overlawyered.com/2008/10/microblog-2008-10-09/#comments Fri, 10 Oct 2008 04:23:59 +0000 Walter Olson http://overlawyered.com/2008/10/microblog-2008-10-09/
  • Housing collapse: when are you safer, at the top of the cliff or after falling off? [Calculated Risk] #
  • New American Spectator piece quotes Ted and me on demonization of deregulation [Point of Law] #
  • Ted is eeeevil … so sez Daily Kos-ite on finding his name among signers of Palin trooper amicus [Celtic Diva's Blue Oasis] More: Aviva Cuyler, JD Supra. #
  • Tried snipping the depressing bits out of the paper but all that was left was half the gardening column and a recipe #
  • It’s my counterparty and I’ll cry if I want to [Naked Capitalism]
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    ]]> http://overlawyered.com/2008/10/microblog-2008-10-09/feed/ Bounteous bankruptcies: Lehman Brothers http://overlawyered.com/2008/10/bounteous-bankruptcies-lehman-brothers/ http://overlawyered.com/2008/10/bounteous-bankruptcies-lehman-brothers/#comments Thu, 09 Oct 2008 23:11:30 +0000 Walter Olson http://overlawyered.com/?p=7658 Fueled by Weil Gotshal & Manges partner rates in the $950/hour vicinity, “fees for lawyers, accountants and financial advisers in the Lehman case may reach $906 million, according to [bankruptcy lawprof] Lynn LoPucki”. (Bloomberg, Oct. 9). Elie Mystal at Above the Law notes a recent fee survey and concludes that “Lehman is getting the most expensive bankruptcy money can buy”.

    Actually, bankruptcy professionals might earn even a very rich keep if they provided a quick and decisive way to allocate losses from the failure, move Lehman assets to their most productive uses and bring relative certainty to all parties. The prospect instead of slow, chancy, and hard-fought wrangling is one major reason why the administratively assisted “speed bankruptcy” model of financial institution reorganization, seen in the Washington Mutual case, has been winning praise from knowledgeable observers (e.g. Alex Tabarrok). If speed bankruptcy seems well suited to the crisis, one reason is that conventional, protracted, lawyer-run bankruptcy seems so ill-suited. More: Roger Parloff, Fortune “Legal Pad”, American Lawyer.

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    ]]>     http://overlawyered.com/2008/10/bounteous-bankruptcies-lehman-brothers/feed/     U.K.: Great moments in international human rights law http://overlawyered.com/2008/10/uk-great-moments-in-international-human-rights-law/ http://overlawyered.com/2008/10/uk-great-moments-in-international-human-rights-law/#comments Thu, 09 Oct 2008 23:00:07 +0000 Walter Olson http://overlawyered.com/?p=7659 Fowzi Badavi Nejad, the only survivor among six terrorists who seized the Iranian Embassy and 26 hostages in London 28 years ago, “has reportedly been assured he will not be deported back to his native Iran because of human rights laws, and will instead stay in Britain at taxpayers’ expense.” (Chris Irvine, “Iranian Embassy terrorist to be freed this month can claim benefits”, Daily Telegraph, Oct. 9).

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    ]]>     http://overlawyered.com/2008/10/uk-great-moments-in-international-human-rights-law/feed/     End of an error? http://overlawyered.com/2008/10/end-of-an-error/ http://overlawyered.com/2008/10/end-of-an-error/#comments Thu, 09 Oct 2008 18:32:22 +0000 Walter Olson http://overlawyered.com/?p=7657 Ralph Nader’s “big campaign stop at Dartmouth College on Monday drew an audience of eight. The Connecticut Valley Spectator reported the news on its obituaries page.” (Mark Steyn, NRO “Corner”, Oct. 9).

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