Chronicling the high cost of our legal system

Overlawyered

September 9th, 2008 at 1:26 pm

Enron: class action lawyers set to get $688 million

Coughlin Stoia Geller Rudman & Robbins, formerly of Bill Lerach fame, and other law firms sued to pin the blame on banks, auditors, and other outside deep-pocket third parties, as well as on directors; defendants collectively paid $7.2 billion. Giving the plaintiff’s lawyers $688 million of that is very “fair and reasonable” and involves no “windfall”, per U.S. District Judge Melinda Harmon. (Bloomberg, Sept. 8).

More: OK, so maybe Brian Baxter of AmLaw Daily is just pursuing a reasonable news angle when he quotes the Coughlin Stoia lawyers doing a little victory lap and waving to the crowd. But if he’s going to quote Prof. John Coffee at such length as his big authority in support of the fee’s fairness, shouldn’t he go beyond identifying Coffee as “a professor at Columbia Law School and frequent class action critic” to spell out a little more explicitly that, you know, Coffee was hired by the plaintiff’s lawyers in this case to defend their fee request? Doesn’t that make it less surprising that Patrick Coughlin “welcomes the positive feedback” from these supposedly “unlikely legal circles” to support his case? (more background, yet more).

Update Thurs. a.m.: by yesterday evening American Lawyer had substantially “updated [the post] with new information” to reflect the Coffee relationship, and Prof. Obbie is kind enough to give me some credit for that happening.


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June 12th, 2008 at 6:37 pm

June 12 roundup

» by Ted Frank
  • As I type this post, I’m listening to Andrew Frey argue Conrad Black’s appeal before Judge Posner and the Seventh Circuit. Posner seems to be confused over whether incorrect jury instructions can be prejudicial in a general verdict. [Bashman roundup; earlier]
  • “For years families bogged down in Harris County [Texas] probate courts have accused judges of bleeding estates of tens of thousands of dollars to pay high-priced lawyers for unnecessary work.” [Houston Chronicle; Alpert v. Riley (Tex. App. Jun. 5, 2008) (via)]
  • Company sets policy. Employee violates policy. Is corporation criminally responsible for employee’s act? [POL; FCPA blog; Podgor]
  • Merrill Lynch banker asks for investigation of Enron Task Force withholding of exculpatory evidence [Bloomberg]
  • When calculating the costs of medical malpractice suits, let’s not forget the noneconomic costs. “In the [John] Ritter case, the jury agreed with the defendant physicians and exonerated them of any liability. They were lucky. How lucky? They were able to spend four years with attorneys worrying about their future, including the potential that they would be ordered to pay tens of millions of dollars and be left penniless. So, they didn’t really win. They just lost less.” [EM News via Kevin MD via Dr. RW]
  • Nor should we forget the defensive medicine costs. [Kevin MD]
  • Legal reform = job creation. [American Courthouse]
  • According to Justinian Lane, if you’re reading this post, you’re a “spineless sycophant.” [Bizarro-Overlawyered]

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April 4th, 2008 at 9:18 am

Tonight’s 20/20: Stossel on extortionate attorneys

» by Ted Frank

John Stossel has a WSJ op-ed and tv special tonight on the problem of extortionate attorneys. Overlawyered previously discussed the Selbin case and I’ve written about Bill Lerach’s extortion of banks in the Enron case.


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February 11th, 2008 at 11:19 am

February 11 roundup


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January 23rd, 2008 at 6:52 am

Enron cert denial

» by Ted Frank

My op-ed on the Supreme Court’s denial of cert in the Enron class action is in today’s New York Sun.


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December 2nd, 2007 at 9:00 am

December 2 roundup

» by Ted Frank
  • Remember that ludicrous case where the Florida driver fell asleep, crashed his Ford Explorer, his passenger was killed, and a jury blamed Ford to the tune of $61 million? (See also Sep. 10.) A Florida court got around to reversing it, though only to grant a new trial under a variety of erroneous evidentiary rulings that prejudiced Ford, rather than because the suit was too silly to ever conceivably win in a just society. The remand goes back to the same judge that let the suit go forward and committed multiple reversible errors in favor of the plaintiff. [Ford Motor v. Hall-Edwards (Fla. App. Nov. 7, 2007); Krauss @ Point of Law; Daily Business Review; Bloomberg/Boston Globe]
  • Not really a man-bites-dog story, but Geoffrey Fieger (Aug. 25 and rather often otherwise) speaks. [ABA Journal]
  • Uh-oh: Former litigator hired to invest $100m in court cases for UK hedge fund. [Times Online]
  • The real NatWest Three deal. [Kirkendall; July 2006 in Overlawyered]
  • Homeowners fined $347,000 for trimming trees without a permit—after the Glendale Fire Department sent them a notice telling them to trim their trees for being a fire hazard. (h/t Slim) [Consumerist]
  • Disclaimers at children’s birthday parties (h/t BC) [Publishers Weekly]
  • British Christmas parades handcuffed by litigation fears. (h/t F.R.) [Telegraph]
  • Underlawyered in Saudi Arabia: A “19-year-old Saudi gang-rape victim was recently sentenced to 200 lashes and six months in jail for being in a car with an unrelated male when the attack occurred. Last week, her lawyer was disbarred for objecting too vociferously.” [Weekly Standard]
  • Don’t forget to vote for us at the ABA Journal Blawg 100.

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October 10th, 2006 at 7:54 am

October 10 round-up

» by Ted Frank
  • David Lat has much more detail on the $46 meal-skipping criminal case; and the St. Petersburg Times reports Ralph Paul was acquitted because his defense attorney misrepresented to the jury the legal standard, and the prosecutor didn’t correct it. [Above the Law; St. Petersburg Times]
  • Amber Taylor isn’t impressed with Dahlia Lithwick’s proposal of new rules for Supreme Court clerkships. [Law. com; Prettier Than Napoleon]
  • Legalized extortion of banks over Enron scandal. [Point of Law]
  • Round-up of links of Sherwin-Williams’s suit against Ohio municipalities that are using contingent-fee plaintiffs’ lawyers against it. [Point of Law]
  • Possible settlement in the Million Little Pieces class action. [TortsProf]
  • California kennel works can’t sue dog owners for bites. [Bashman]
  • Defense prevails in first federal welding trial. See also POL Nov. 21 and Dec. 9. [Products Liability Prof]
  • David Bernstein on phony associations in epidemiological research. [Volokh]
  • Aleksey Vayner doesn’t just have an impressive video resume, he can send a bogus cease-and-desist letter with the best of them. [IvyGateBlog]

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