Prof. Mark Osler, who specializes in criminal law at University of St. Thomas Law School in the Twin Cities, interviewed at Abnormal Use:
The pairing of civil and criminal RICO was one of the worst ideas a law professor ever had (yes, one of us dreamed that one up). The extensive rule-making by courts in civil RICO cases has made interpretation and use of the statute so confusing and inefficient that prosecutors avoid it if they can, preferring to charge money laundering or something under the fraud statutes. Given the current state of the law, in which civil RICO is used to tie people up in endless litigation, we would be better off without RICO in the federal code.
Tagged as:
law schools,
racketeering and RICO
The suit against Mohawk Industries had been billed as a test case for private litigation extracting cash from employers over use of illegal immigrant labor. An insurer will pay $13 million and the company said the remainder of the settlement was less than the legal costs of continuing to fight. [Fulton County Daily Report, earlier, etc.]
Tagged as:
immigration law,
racketeering and RICO
by SSFC on December 29, 2008
Soon, baby soon. Walter Olson’s new year’s resolution is to return to blogging at Overlawyered.
- International adoption is always a risky business, fraught with uncertainty: now aspriring parents, burned by changes in Guatemalan law, are suing adoption agencies alleging civil RICO liability;
- Some tasks can’t be delegated. New Jersey attorney sanctioned for sending paralegal to domestic court, where she appeared as “counsel” and advocated on behalf of the client;
- Some tasks can’t be delegated, part II: Las Vegas personal injury lawyer Glen “The Heavy Hitter” Lerner complains that he can’t understand rules prohibiting Nevada lawyers from allowing attorneys not licensed in Nevada to sign up Nevada clients, prepare demands, negotiate claims, and serve as the clients’ sole contact within the firm. The Nevada Supreme Court disciplines Lerner anyway, figuring that after multiple past reprimands Lerner could take a hint;
- Some tasks shouldn’t be delegated: Arkansas authorities investigating attorney Terry Lynn Smith, who “invested” a client’s substantial personal injury settlement, then admitted that “all of her money was gone.”
- And then some tasks should definitely be delegated: Top Obama aides are “lawyering up” in response to the Blagojevich probe;
- The fall of Dickie Scruggs has been named as the top story of the year in Mississippi, by the Associated Press;
- God told me to beat you up. Texas church claims first amendment immunity from tort liability arising from an exorcism gone horribly awry (via WSJ Law Blog);
- Rise and Fall of the Great Powers: former Republican presidential candidate Ron Paul believes that the recessed economy is a blessing in disguise. Meanwhile, Paul continues to accept the franking privilege and his salary from taxpayers.
What are you resolving to accomplish in the new year?
Tagged as:
Dickie Scruggs,
First Amendment,
fraud,
racketeering and RICO,
Rod Blagojevich
“A New Orleans attorney who pleaded guilty to stealing millions of dollars from one of the city’s most prominent law firms has dropped a racketeering lawsuit he filed against the firm after his indictment.” (AP/KATC, Dec. 4; James Perdigao, Adams & Reese).
Tagged as:
New Orleans,
racketeering and RICO
- “I believe it’s frivolous; I believe it’s ridiculous, and I believe it’s asinine”: Little Rock police union votes lopsidedly not to join federal “don/doff” wage-hour lawsuit asking pay for time spent on uniform changes [Arkansas Democrat Gazette courtesy U.S. Chamber]
- Must-read Roger Parloff piece on furor over law professors’ selling of ethics opinions [Fortune; background links @ PoL]
- Too rough on judge-bribing Mississippi lawyers? Like Rep. Conyers at House Judiciary, but maybe not for same reasons, we welcome renewed attention to Paul Minor case [Clarion-Ledger]
- American Airlines backs off its plan to put Logan skycaps on salary-only following loss in tip litigation [Boston Globe; earlier]
- U.K.: Infamous Yorkshire Ripper makes legal bid for freedom, civil liberties lawyer says his human rights have been breached [Independent]
- In long-running campaign to overturn Feres immunity for Army docs, latest claim is that military knowingly withholds needed therapy so as to return soldiers to front faster [New York Rep. Maurice Hinchey on CBS; a different view from Happy Hospitalist via KevinMD]
- Profs. Alan Dershowitz and Robert Blakey hired to back claim that Russian government can invoke U.S. RICO law in its own courts to sue Bank of New York for $22 billion [WSJ law blog, earlier @ PoL]
- Minnesota Supreme Court declines to ban spanking by parents [Star-Tribune, Pioneer Press]
- Following that very odd $112 million award (knocked down from $1 billion) to Louisiana family in Exxon v. Grefer, it’s the oil firm’s turn to offer payouts to local neighbors suffering common ailments [Times-Picayune, UPI]
- AG Jerry Brown “has been suing, or threatening to sue, just about anyone who doesn’t immediately adhere” to his vision of building California cities up rather than out [Dan Walters/syndicated]
- Virginia high school principal ruled entitled to disability for his compulsion to sexually harass women [eight years ago on Overlawyered]
Tagged as:
airlines,
California,
child protection,
environment,
ethics,
Jerry Brown,
labor unions,
law schools,
Louisiana,
Minnesota,
Paul Minor,
prisoners,
racketeering and RICO,
Russia,
United Kingdom,
wage and hour suits
