Chronicling the high cost of our legal system

Overlawyered

November 3rd, 2008 at 1:26 pm

Welcome New York Post readers

I’m quoted in a sidebar about colorful or long-shot employment litigation, and mention the Rachael Ray anorexic employee suit and the Milwaukee cop who got disability for the stress of being fired over roughing up a suspect. On the latter case, by the way, rather than saying that the cop’s disability payments continue “to this day”, I should have used a phrase like “at last report”. (Brian Moore, “Tort Stories”, New York Post, Nov. 3; revised slightly to clarify final point).


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October 21st, 2008 at 12:55 am

October 21 roundup

  • Hey, that Jon Bon Jovi baseball anthem sounds familiar, make the check out for $400 billion please [Boston Herald]
  • Cyrus Sanai, known for dogged campaign against Judge Kozinski, is back with a new 80-page complaint which also names “10 other district court and 9th Circuit judges who have been assigned to his family’s case at one time or another.” [NLJ]
  • More on English “no barbed wire on allotments” rules: “I am replacing the glass in the windows of my house with tissue paper, so that burglars — poor lambs — will not cut themselves while breaking and entering.” [Dalrymple, City Journal]
  • Ethical alarms should go off when criminal defense lawyers’ marketing hints at insider pull or former-prosecutor clout [Greenfield]
  • Annals of public employee tenure: firing a cop in Chicago sure isn’t easy [TalkLeft, FOI files on Gerald Callahan and William Cozzi cases at Chicago Justice Project]
  • Gigantic government database of cellphone users planned for U.K. [Massie]
  • Babies only, please: Nebraska backs off from its dump-a-teen “safe haven” parental abandonment law [Althouse, earlier]
  • Some Israelis may be overly cheery in welcoming presumed benefits of consumer class actions [Karlsgodt citing Jerusalem Post editorial]

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August 27th, 2008 at 12:04 am

After Setting Fires, Firefighter Wants Job Back

In 1997, Erie, Pa. hired its first female firefighter. Nearly a decade later, she was quietly fired after setting fire to her father’s house as part of a suicide attempt.  In fact, the Erie Civil Service Commission wrote at the time that: “Her setting a fire … is the single most significant act a fire fighter may not commit.  The act of establishing a fire in a residence is wholly incompatible with the role of the fire fighter, despite the mitigating circumstances of [her] psychological state.”  Now, she has brought her appeal public in a filing in local courts earlier this year. (GoErie.com, 3/24)


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August 25th, 2008 at 9:38 am

Is It In the Job Description?

And you thought you had a tough day at work.

Apparently, that pales in comparison to the day that one undercover cop had from Texas. His job was so rough, he claims that he had to have sex with a prostitute during a sting operation.  Unfortunately for him, his superiors didn’t think it was required. After being suspended, he’s brought suit challenging his discipline. At trial, here is his, ahem, money quote: “If you are asking if I had an orgasm, yes. It was a job, sir,” the cop said. “I didn’t have pleasure doing this. I was paid to do it.” (Beaumont Enterprise, 8/21)


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March 16th, 2007 at 12:21 pm

Great moments in public employee tenure

“Early in his career, officials found that Lieutenant [William] White had planted white powder on a suspect in a drug arrest, which cost him his job — though he won it back with the help of the police union.” White, who has headed the narcotics squad in the New Haven, Ct. police force, is now at the center of a widening corruption scandal. (Jennifer Medina, “For Connecticut Officer Charged With Theft, a Career of Ups and Downs”, New York Times, Mar. 15; “Bail set at $2 million for New Haven officer caught in sting”, AP/WTNH, Mar. 14; Mary E. O’Leary, “Ortiz: More arrests likely” (bail bonds angle), New Haven Register, Mar. 15).


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January 23rd, 2007 at 12:08 am

Cop who snatched body part wins reinstatement

Annals of public employee tenure, this time from Norwalk, Ct.: “The city will not appeal a state Labor Department ruling to reinstate police Officer Liam Callahan, a nine-year veteran fired last fall for taking a skull fragment from the scene of a May 2005 accident. ‘The laws in the state are such that it’s extremely difficult to overturn a ruling,’ Deputy Corporation Counsel Jeffry Spahr said yesterday after discussing the matter in executive session with the Norwalk Police Commission.” According to numerous press reports, co-workers of Callahan’s said he planned to use the skull fragment as an ashtray. An investigation concluded that Callahan’s statement after being confronted that he had intended to return the fragment was not credible. (Created Things (Jeff Hall), Jan. 16; Brian Lockhart, “City officer in skull-fragment case reinstated”, Stamford Advocate, Oct. 24). And on the sued-if-you-do, sued-if-you-don’t front, note well: “Callahan and the city still face a civil lawsuit from [victim Alfred] Caviola’s family.” Unless Callahan personally turns out to provide a deep pocket, it appears the longsuffering taxpayers of Norwalk may find themselves on the hook for who knows what sort of payout — juries in other cases have expressed outrage at mishandling of decedents’ remains — even as the city is unable to sever the actual perpetrator of the act from its payroll.


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March 10th, 2006 at 12:19 am

Notes on postal tenure

With the popularity of Netflix, New York magazine notes the rise of a new type of crime: postal employees’ stealing the easily identifiable red-jacketed DVDs from the mail. In addition to at least three such cases in New York City, “Inspectors have rounded up thieves in Detroit, San Diego, and Lyons, Colorado — where a carrier stole 503 discs before capture. Because civil-service rules make it nearly impossible to fire corrupt mail carriers, U.S. attorneys often agree to dismiss charges in exchange for their quitting.” (Eric Wolff, “Intelligencer: A Stranger In Your Queue”, New York, Feb. 20). But do their lawyers succeed in negotiating neutral references for them?


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