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Pittsburgh

Cleveland federal judge Donald Nugent has dismissed a disabled-access lawsuit by Bonnie Kramer against a real estate management company and allowed a counterclaim to go forward against Kramer and her lawyers “alleging abuse of process, fraud, civil conspiracy to commit fraud, spoliation and Racketeer Influenced and Corrupt Organizations violations”. Kramer, a self-styled “tester”, has been plaintiff in more than 100 actions under the ADA. [Andrew Longstreth, American Lawyer] More on “Disabled Patriots of America” group: Charlie Deitch, Pittsburgh City Paper.

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August 21 roundup

by Walter Olson on August 21, 2009

  • NYC criminal defense lawyer and TV commentator Robert Simels convicted of witness tampering in closely watched case [NY Daily News and more, NYLJ, Greenfield, Simon/Legal Ethics Forum]
  • Title IX suit says harassment by other students pushed school girl into anorexia, school should pay [Pittsburgh Post-Gazette]
  • Federal judge upholds some Louisiana restrictions on lawyer advertising, but says rules on Internet communication unconstitutionally restrict speech [WAFB, Ron Coleman]
  • “Woman Claims Display Was So Distracting, She Fell Over It” [Lowering the Bar; Santa Clara County, Calif. Dollar Tree]
  • Associated Press now putting out softer line on blogger use of its copy, but is it a trap? [Felix Salmon, earlier]
  • Update: Google ordered to identify person who set up nasty “skank” blog to attack NYC model [Fashionista, earlier here and here]
  • Some speak as if lawsuits over “alienation of affections” a thing of the past, alas not so [Eugene Volokh, more, yet more; earlier]
  • Connecticut: “State Holds Hearing On Whether Group Can Hand Out Food To The Poor” [Hartford Courant; "Food Not Bombs" group at Wesleyan]

Note: post was mistakenly titled as “August 22 roundup” at first, now fixed; thanks to reader Jonathan B. for catching.

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Former state Superior Court judge Michael Joyce, of Erie, “was sentenced this afternoon to nearly four years in prison.” Joyce’s bogus claims of neck and back pain after a rear-ending had netted him $440,000 in settlements; “the judge filed his claims on judicial letterhead, [Assistant U.S. Attorney Christian] Trabold said, and referred to himself as a judge 115 times in the letters.”

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Reading from the weekend:

  • At the American Spectator, Quin Hillyer says his co-thinkers “need to really get up newcriterionin arms about” changing the law, and has kind words for a certain website that is “the single best place to track all its devastation”. At The New Criterion, Roger Kimball finds that the threat to vintage children’s books provides a good instance of the dangers of “safety”. And commentator Hugh Hewitt is back with another column, “The Congress Should Fix CPSIA Now“.
  • Numerous disparaging things have been said of the “mommy bloggers” who’ve done so much to raise alarms about this law. Because, as one of Deputy Headmistress’s commenters points out, it’s already been decided that this law is needed to “protect the children”, and it’s not as if mere mothers might have anything special to contribute about that.
  • Plenty of continuing coverage out there on the minibike/ATV debacle, including Brian O’Neill, Pittsburgh Post-Gazette (office of local Congressman Mike Doyle, D-Pa., says most members think, dubiously, that ban “can be fixed without new legislation”); Lebanon, Pa. (”Ridiculous… It’s closed an entire market for us”), Waterbury, Ct. (“The velocipedesadgovernment does stupid things sometimes without thinking”), and, slightly less recent, Atlantic City, N.J. (”I would’ve had three sales this weekend, so they stomped us”). Some background: Off-Road (agency guidance in mid-February told dealers to get youth models “off their showfloors and back into holding areas”); Motorcycle USA (”With right-size models being unavailable to families, we may see more kids out on adult ATVs and we know that this leads to crashes”). To which illustrator Meredith Dillman on Twitter adds: “Just wait until someone gets hurt riding a broken bike they couldn’t get replacement parts for.”
  • One result of CPSIA is that a much wider range of goods are apt to be subject to recalls, but not to worry, because the CPSC recall process is so easy and straightforward.

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A year ago we reported on the indictment of Erie, Pa.-based state appellate judge Michael T. Joyce, whose $440,000 settlement after a rear-ending of his Mercedes-Benz was premised on his having suffered physically disabling injuries, but who in fact was found to have engaged in scuba diving and golf, among other pastimes, during the period in question. According to the indictment, the judge used the proceeds to buy a Harley-Davidson and a share in a Cessna, as well as for other purposes. Today his trial is set to begin. (Pittsburgh Post-Gazette, Tribune-Review, Erie Times-News via Bashman).

Last year (Jun. 25, 2007) a furor broke out when a YouTube video revealed lawyers from the firm speaking frankly about skirting provisions of immigration law that require that a qualified domestic applicant be sought before hiring certain foreign workers. Now the U.S. Department of Labor has “announced that it has begun placing pending permanent labor certification applications filed by [the Pittsburgh-based law firm] into department-supervised recruitment. Supervised recruitment requires the employer to receive advance approval from the labor department for all recruitment efforts to ensure that U.S. workers are fully considered for available positions.” The move will undoubtedly make it harder for the law firm to compete for employer business in the immigration field. (”Recruitment filings by Pittsburgh law firm under U.S. Labor scrutiny”, Pittsburgh Business Times, Jul. 8; ABA Journal links to DoL press release).

April 5 roundup

by Walter Olson on April 5, 2008

  • Ninth Circuit, Kozinski, J., rules 8-3 that Roommates.com can be found to have violated fair housing law by asking users to sort themselves according to their wish to room with males or other protected groups; the court distinguished the Craigslist cases [L.A. Times, Volokh, Drum]
  • Class-action claim: Apple says its 20-inch iMac displays millions of colors but the true number is a mere 262,144, the others being simulated [WaPo]
  • U.K.: compulsive gambler loses $2 million suit against his bookmakers, who are awarded hefty costs under loser-pays rule [BBC first, second, third, fourth stories]
  • Pittsburgh couple sue Google saying its Street Views invades their privacy by including pics of their house [The Smoking Gun via WSJ law blog]
  • U.S. labor unions keep going to International Labour Organization trying to get current federal ground rules on union organizing declared in violation of international law [PoL]
  • Illinois Supreme Court reverses $2 million jury award to woman who sued her fiance’s parents for not warning her he had AIDS [Chicago Tribune]
  • Italian family “preparing to sue the previous owners of their house for not telling them it was haunted”; perhaps most famous such case was in Nyack, N.Y. [Ananova, Cleverly]
  • Per their hired expert, Kentucky lawyers charged with fen-phen settlement fraud “relied heavily on the advice of famed trial lawyer Stan Chesley in the handling of” the $200 million deal [Lexington Herald-Leader]
  • Actor Hal Holbrook of Mark Twain fame doesn’t think much of those local anti-tobacco ordinances that ban smoking on stage even when needed for dramatic effect [Bruce Ramsey, Seattle Times]
  • Six U.S. cities so far have been caught “shortening the amber cycles below what is allowed by law on intersections equipped with cameras meant to catch red-light runners.” [Left Lane via Virtuous Republic and Asymmetrical Information]

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Over decades, the class-action titan paid secret kickbacks to pliant “representative” plaintiffs, then systematically falsified the nature of his relations to those plaintiffs the better to deceive judges, opponents, competing class action lawyers, and class members. He and his defenders are now portraying his offenses — even the systematic lying to courts — as minor and victimless. For some indications of why our legal system takes a very different view, see my WSJ op-ed of a year and a half back. Per Peter Lattman’s story/interview in today’s WSJ, “Mr. Lerach has requested, and the judge will recommend, that he be sent to Lompoc, a low-security federal penitentiary in Southern California often called a ‘country-club prison’ or ‘Club Fed.’”

Yesterday’s L.A. Times piece by Molly Selvin takes note of Lerach’s “trademark vitriol — he famously threatened to “destroy” companies that balked at settling”. Selvin also quotes NYU legal ethicist Stephen Gillers expressing concern that the spate of Milberg Weiss prosecutions “has to worry [lawyers] even if they’re doing nothing wrong because the Justice Department has shown its willingness to look into how they do business”. Gillers offers no examples of any Milberg lawyers who have been prosecuted despite “doing nothing wrong”, nor does he explore the question of how lawyers might exploit the impunity they would enjoy if the Justice Department permanently refused to “look into how they do business”. Indeed, if Lerach is right when he says kickbacks to named plaintiffs were industry practice in the class-action biz, it would seem that DoJ should have started “looking into how they do business” long before it did.

With fine understatement, Andrew Perlman at Legal Ethics Forum observes that it would “send the wrong message to students” for Lerach to be permitted to set up teaching legal ethics to law students at the University of Pittsburgh as part of his sentence. And taking a contrarian view, Larry Ribstein (via Bainbridge) says an appropriate comparison for Lerach would be to Michael Milken (Drexel Burnham) or Jeff Skilling (Enron) — but in the good sense.

More: This morning’s New York Times, a paper in whose columns Milberg Weiss long enjoyed cordial if not deferent coverage, buries the Lerach sentencing on an inside page of the business section. The paper’s “Dealbook” blog covers the story here. And The Economist recalls a “shouting match” in 2006 between Lerach and a leading British corporate governance advocate over whether litigation was the best way to address shareholder/manager conflicts. Plus: Charles Cooper, CNet.

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February 11 roundup

by Walter Olson on February 11, 2008

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December 10 roundup

by Walter Olson on December 10, 2007

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According to an indictment handed down by a federal grand jury, Erie, Pa.-based state appellate judge Michael T. Joyce, a ten-year Republican veteran of the bench,

received $440,000 in settlements for injuries he claimed “affected his professional and personal life in a very significant way” after an SUV rear-ended his state-leased Mercedes Benz at a traffic light in Erie.

Joyce claimed the accident made him unable to play golf, scuba dive or exercise. He also claimed the injuries prevented him from pursuing higher judicial office, according to the indictment.

The judge complained of constant neck and back pain, headaches, difficulty sleeping, anxiety and short-term memory loss, according to the indictment. He claimed he was in such pain from May to July 2002 that he could not play a round of golf or hold a cup of coffee in his right hand, the indictment said.

During the same period Joyce made these claims, he played several rounds of golf in Jamaica, Florida, New York and Pennsylvania, went scuba diving in Jamaica and renewed his diving instructor’s certificate, prosecutors said.

The indictment also alleges Joyce used some of the settlement money to buy a Harley-Davidson motorcycle, a share in a single-engine Cessna airplane, property in Millcreek Township, Pa., and to pay down a personal line of credit.

(Peter Hall and Asher Hawkins, “Federal Indictment Looms Over Pa. Superior Court Judge’s Retention Race”, Legal Intelligencer, Aug. 17).

At first Joyce vowed to hold onto his seat, but after a public outcry, and a quick move by the state supreme court to suspend him from his duties pending resolution of the charges, he agreed not to stand for re-election in November. (”Indicted Superior Court Judge” (editorial), Philadelphia Inquirer, Aug. 22; Paula Reed Ward, “Indicted judge won’t seek retention”, Pittsburgh Post-Gazette, Aug. 21; “The Joyce indictment: A matter of integrity”, Pittsburgh Tribune-Review, Aug. 21).

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Excessive fines

by Walter Olson on September 2, 2007

Too bad the courts have decided to leave the Eighth Amendment’s Excessive Fines Clause on the shelf, it might otherwise be helpful to everyone from Virginia motorists to sexual harassment defendants (Ralph Reiland, “The ignored amendment”, Pittsburgh Tribune-Review, Aug. 27). More resources here, here, and here (noting Supreme Court’s ruling in Browning-Ferris that the clause restrains excessive fines only when payable to the government, not private parties).

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August 10 roundup

by Walter Olson on August 10, 2007

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“An en banc Superior Court panel has ordered a new trial in a case in which a western Pennsylvania trial judge awarded $102.7 million in 2003 to one of the owners of a property company identified as being at the center of a mid-1980s Ponzi scheme.” Two couples, Thomas and Barbara Reilly and Edward and Karen Krall, each jointly owned half the stock in Canterbury Village Inc., a property development that was oversold in what was later described as a Ponzi scheme that bilked thousands of investors. When Canterbury Village landed in bankruptcy proceedings, an Ernst & Young predecessor was called in to organize the books, which were in great disarray. According to a judge’s footnote, “the male halves of Canterbury Village’s two couple-owners pleaded guilty to criminal charges stemming from the Ponzi scheme.” Mr. Reilly served about four years on fraud and tax evasion charges. The eventual reorganization plan approved by the court barred the Reillys and Kralls from any stake in the emerging business entity.

The Reillys then proceeded to sue Ernst & Young, alleging that its report had contained inaccuracies which had injured their business interests. When the Reillys filed requests for admissions in support of their allegations, Ernst first missed a deadline to respond and then, granted a do-over, omitted to include a required verification from its lawyer. The judge in response deemed Ernst to have agreed to all the requested admissions — in effect, preventing the firm from contesting the key elements of the Reillys’ case. A verdict was then entered on behalf of Barbara Reilly that “included $34 million for her ownership interest in Canterbury Village — half of the $68 million appraised value — plus an additional $50,945,222 in interest, based on a rate of 6 percent per annum beginning in 1986, for a total compensatory damage award of $84,018,989. Yeager also awarded her $18.17 million in punitive damages for a total verdict of $102,718,989.” The appeals panel has now decided, however, that loss (in effect) of its right to mount a substantive defense is too harsh a sanction for Ernst’s procedural fumblings, so a retrial is on its way. (Asher Hawkins, “Retrial Ordered in Nine-Figure Fraud Case”, Legal Intelligencer, Jul. 27; Karen Kane, “Seven Fields developer faults Ernst & Young in lawsuit”, Pittsburgh Post-Gazette, Aug. 25, 2002).

So claims Joshua Marquis, vice president of the National District Attorneys Association, commenting on the Nifong-Duke lacrosse case. (Adam Liptak, “Prosecutor Becomes Prosecuted”, New York Times, Jun. 24). The reaction of Washington-based writer Carey Roberts: “Not by a long shot,” as witness a list with familiar names on it like Wenatchee, Wash. and the Scheck/Neufeld Innocence Project, as well as investigations by the Pittsburgh Post-Gazette and Chicago Tribune, and more. (”The Nifong case – how rare?”, Washington Times, Jul. 29).

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July 31 roundup

by Walter Olson on July 31, 2007

  • Can’t possibly be true: Tampa man sentenced to 25 years for possession of pills for which he had a legal prescription [Balko, Hit and Run]

  • Plaintiff’s lawyers “viewed [Sen. Fred Thompson] as someone we could work with” and gave to his campaigns, but they can’t be pleased by his kind words for Texas malpractice-suit curbs [Washington Post, Lattman; disclaimer]

  • Pace U. student arrested on hate crime charges after desecrating Koran stolen from college [Newsday; Volokh, more; Hitchens]

  • Little-used Rhode Island law allows married person to act as spouse’s attorney, which certainly has brought complications to the divorce of Daniel and Denise Chaput from Pawtucket [Providence Journal]

  • Lott v. Levitt defamation suit kinda-sorta settles, it looks like [Adler @ Volokh]

  • Trial lawyer Mikal Watts not bowling ‘em over yet in expected challenge to Texas Sen. Cornyn [Rothenberg, Roll Call, sub-only via Lopez @ NRO]

  • Frankly collusive: after Minnesota car crash, parents arrange to have their injured son sue them for negligence [OnPoint News]

  • Canadian bar hot and bothered over Maclean’s cover story slamming profession’s ethics [Macleans blog]

  • Five Democratic candidates (Clinton, Obama, Edwards, Biden, Richardson) auditioned at the trial lawyers’ convention earlier this month in Chicago [NYSun]

  • Donald Boudreaux’s theory as to why Prohibition ended when it did [Pittsburgh Trib-Rev via Murray @ NRO]

  • Speaker of Alaska house discusses recent strengthening of that state’s longstanding loser-pays law [new at Point of Law]

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Getting wide exposure on YouTube, and providing fodder for Lou Dobbs:

The video shows attorneys for Cohen & Grigsby, one of the largest law firms in Pittsburgh, explaining at a conference on immigration how to obey laws that require Americans be given top priority for jobs while still ensuring foreigners are hired.

“The goal here of course is to meet the requirements, number one, but also do so as inexpensively as possible, keeping in mind our goal. And our goal is clearly not to find a qualified and interested U.S. worker,” Lawrence Lebowitz, the firm’s vice president of marketing, told the audience in May.

(”Pa. law firm’s immigration talk hits YouTube; U.S. senator demands investigation”, AP/Arizona Star, Jun. 23; Sister Toldjah; Doug Ross). More: Kim’s Play Place says the lawyers were serving their clients’ legitimate interests and that if they can arrange compliance with the letter of an irrational law there’s no reason for them to show allegiance to its claimed spirit. Further: Gina Passarella, “Immigration Law Seminar Generates Unwanted Publicity for Firm”, Legal Intelligencer, Jun. 25 (& welcome Opinionator readers).

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Roundup – April 9

by David Nieporent on April 9, 2007

  • Dontdatehimgirl.com lawsuit suffers another setback. A court ruled today that the Pittsburgh-based lawyer-plaintiff can’t sue the Florida-based website in Pennsylvania. (Howard Bashman). The suit against the website is frivolous in any case; it is well-established that Section 230 of the Communications Decency Act immunizes the website. (The suit against the posters, on the other hand, is a legitimate defamation claim.) Previously covered on Overlawyered: Jul. 2006, Jan. 2007.

  • In Easton, Pennsylvania, a police officer accidentally shoots and kills another police officer after cleaning his gun; now the widow is filing a $20 million wrongful death lawsuit against the city, the mayor, city administrator, the police chief, the shooter, the head of the SWAT team of which the players were both members, a fellow officer who was standing nearby, and the retired former head of the SWAT team. I’m sure one of them has the money.
  • Philadelphia city councilwoman — and some tourism officials — wants to require licensing of city tour guides, including history tests, so that they don’t provide inaccurate history to tourists.
  • In 1999, a 19-year old college student named Richard Beers was killed while working construction over the summer. He had stopped the backhoe he was using on a hill, left the motor running, and walked behind it. It rolled down and ran him over. So his family blamed… Caterpillar, which had manufactured the backhoe, and sued for $25 million plus punitive damages. Last week, an Ohio jury found Caterpillar not liable — and it only took eight years (six years after the suit was filed) to resolve the matter.

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