Posts tagged as:

reparations

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Missed from earlier this year: in the fall of 2007, following extensive litigation, the government of Canada began issuing payments to persons of Indian ancestry who had attended an officially promoted network of residential schools where abuse was common and whose aim of assimilating students into broader Canadian life was later assailed as calculated to suppress native culture. While the payments brought benefit to many recipients, among others they seem to have led to new cycles of dysfunction, family strife and substance abuse. [Jack Branswell and Ken Meaney, "Native suicides linked to compensation", Canwest/National Post, Jan. 26 via Western Standard]

“The Senate unanimously passed a resolution [Thursday] apologizing for slavery, making way for a joint congressional resolution and the latest attempt by the federal government to take responsibility for 2 1/2 centuries of slavery.” [WaPo] Not altogether surprisingly, if you ask leading reparations advocates Randall Robinson and Charles Ogletree, Jr., whether this should reignite talk of reparations, they say yes. My City Journal article of last year explains why I think the latter very bad idea never picked up the political momentum its advocates expected.

Stephen Bainbridge has this response to the resolution’s sponsor:

“You wonder why we didn’t do it 100 years ago,” Sen. Tom Harkin (D-Iowa), lead sponsor of the resolution, said after the vote. “It is important to have a collective response to a collective injustice.”

Memo to Senator Harkin: We had a collective response. It was called the Army of the Potomac.

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April 3 roundup

by Walter Olson on April 3, 2009

  • Those enviro-hazard warnings plastered all over because of Prop 65? They may be not merely pointless but untrue [California Civil Justice; a still-timely 2000 piece]
  • Is it somehow wrong for a public medical examiner to testify against cops — even when it’s in another county? [Radley Balko, Reason]
  • UCLA research scientists fight back against animal rights fanatics’ violence and intimidation [Orac/Respectful Insolence, "Pro-Test"]
  • Ezra Levant, himself a target of Canada’s official speech tribunals, has written a new book denouncing them, buy before they ban it [Amazon; Andrew Coyne, Maclean's] Has odious censorship-complaint-filer Richard Warman finally gotten his comeuppance? [Ken @ Popehat] More: another Warman case [Cit Media Law]
  • Roundup of recent sports/assumption of risk cases [John Hochfelder]
  • Already in trouble on charges of faking a will, Allentown, Pa. police-brutality attorney John Karoly now faces tax charges including alleged failure to report $5 million in income for 2002, 2004 and 2005 [TaxGirl]
  • Lawprof’s “Reparations, Reconciliation and Restorative Justice” seminar led to introduction of Maryland bill requiring insurers to disclose antebellum slaveholder policies [DelmarvaNow]
  • Judge tosses suit by Clarksville, Tennessee officials against activists who called them cozy with developers [Sullum, Reason "Hit and Run"]

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Edward Fagan disbarred

by Walter Olson on December 12, 2008

A flamboyant lawyer we’ve been writing about for a long time, best known for international reparations suits, seems to have reached the end of his professional road. (Noeleen G. Walder, “Lawyer Disbarred for Failing to Pay Sanctions, Fees in Holocaust Case”, New York Law Journal, Dec. 12). Earlier coverage: Feb. 1, 2008, Nov. 26, 2005, etc., etc.

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“Reparations, R.I.P.”

by Walter Olson on December 8, 2008

City Journal has now put online the article-length version of my essay on why the movement for slavery reparations has faded back into obscurity after its peak in 2001. I posted a few weeks ago on the shorter newspaper version and a lively discussion ensued.

November 10 roundup

by Walter Olson on November 10, 2008

  • Time for another aspirin: Harvard Law’s Charles Ogletree, key backer of lawsuits for slave reparations, mentioned as possible Attorney General [CBS News, BostonChannel WCVB, Newsweek; earlier speculation about post as civil rights chief]
  • Calif. law requires supervisors to attend sexual harassment prevention training, a/k/a sensitivity training, but UC Irvine biologist Alexander McPherson says he’ll face suspension rather than submit [AP/FoxNews.com, On the Record (UCI), Morrissey, Inside Higher Ed, OC Register; ScienceBlogs' Thus Spake Zuska flays him]
  • Fan “not entitled to a permanent injunction requiring American Idol singer Clay Aiken to endorse her unauthorized biography” [Feral Child]
  • Local authority in U.K. orders employees not to use Latin phrases such as bona fide, e.g., ad lib, et cetera, i.e., inter alia, per se, quid pro quo, vice versa “and even via” [via -- uh-oh -- Zincavage and Feral Child]
  • Participants in 10th annual Boulder, Colo. Naked Pumpkin Run may have to register as sex offenders [Daily Camera, Obscure Store]
  • Joins drunk in car as his passenger, then after crash collects $5 million from restaurant where he drank [AP/WBZ Boston, 99 Restaurant chain]
  • Election may be over, but candidates’ defamation lawsuits against each other over linger on [Above the Law, NLJ]
  • School nutrition regs endanger bake sales, but they’ll let you have “Healthy Hallowe’en Vegetable Platter” instead [NY Times]

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The government of Mexico has agreed to pay about $14.5 million to settle claims on behalf of its citizens who came north as guest workers between 1942 and 1946. Ten percent of the workers’ pay was deducted and sent back to the Mexican government, which was supposed to apply much of it to their benefit, but (according to advocates) substantial sums were never claimed or paid out. Many years later the Mexican government opened a compensation program for the elderly braceros and their survivors, but some of those resident in the U.S. found it too hard to use and a Chicago class-action lawyer sued.

The lawsuit was dismissed twice, as courts considered whether too much time had passed and whether a lawsuit against the Mexican government could have standing in the United States. The American government and Wells Fargo Bank, initially named as defendants, were dismissed from the case.

(Pam Belluck, “Settlement Will Allow Thousands of Mexican Laborers in U.S. to Collect Back Pay”, New York Times, Oct. 15; “Mexican ministry OK with braceros deal”, AP/BakersfieldNow, Oct. 17).

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I’ve got an op-ed in today’s L.A. Times (Walter Olson, “Slavery reparations: what happened?”, Oct. 31) based on a longer article forthcoming in City Journal. (The short answer to what happened: 9/11, public opinion, and the courts.)

The City Journal article is in turn a much condensed version of a draft chapter in my book-in-progress about the influence of the law schools. As I show in that chapter, there were few places where reparations enthusiasm burned hotter than in legal academia, with conferences and law review articles galore devoted to advancing the cause. The most prominent law school advocate of the reparations cause back then, Harvard’s Charles Ogletree, is back in the news these days because of his role as mentor (and, reportedly, chief advisor on racial issues) to Democratic candidate Barack Obama; he’s being mentioned as a possible civil rights chief in the next administration. Not surprisingly, Ogletree has had much less to say about the reparations cause this year than he did eight or nine years ago; I have a feeling that in an Obama administration he’d be under strict orders not to get near the issue, but of course I could be wrong.

We’ve covered reparations litigation extensively at Overlawyered.

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Ogletree to Washington?

by Walter Olson on October 30, 2008

Stories it’s kind of amazing don’t get more attention: “The ABA Journal predicts that [Harvard lawprof, borrowing buff and Al Sharpton associate Charles] Ogletree, who has long advocated race-based reparations, will be the Assistant Attorney General in charge of the Civil Rights Division during the Obama administration.” (cross-posted from Point of Law).

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A group claiming to be descended from the Knights Templar, which was suppressed in the year 1307 under orders from Pope Clement V, has “filed a lawsuit against Benedict XVI calling for him to recognise the seizure of assets worth 100 billion euros (£79 billion).” (Fiona Govan, “Knights Templar heirs in legal battle with the Pope”, Telegraph, Aug. 4; NewsHoggers, Aug. 4 (noting unlikelihood that claim of descent can be adequately demonstrated)).

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I’ve got a piece in Saturday’s Wall Street Journal on the indictment of perhaps the nation’s most successful tort lawyer and four colleagues on charges of attempted judicial bribery. The tag line the Journal’s editors give the piece: “Dickie Scruggs’s mistake may have been to stiff another lawyer.” (Walter Olson, Wall Street Journal, Dec. 15)(sub-only). For new readers who’d like much more detail about the indictments and their aftermath, check out my regular updates at this site and also those of David Rossmiller at Insurance Coverage Blog. I’ve been covering Mr. Scruggs’s doings in tobacco, asbestos, product liability, reparations, HMO, and hospital litigation pretty steadily since this site got its start in 1999 (newer/older posts). (Bumped Monday a.m. for those who didn’t see it over the weekend).

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Scruggs indictment VIII

by Walter Olson on December 9, 2007

A report in today’s New York Times advances the ball on a number of fronts:

  • Per an unidentified official, “federal prosecutors have asked the Justice Department’s Public Integrity Section to examine whether Mr. Scruggs has engaged in multiple bribery attempts of local judges.” DoJ is said to have sent lawyers to Mississippi to check out leads along these lines, and is also said to be interested in possible misconduct by Scruggs in the Alwyn Luckey fee dispute.
  • The Times interviews Clarksdale, Miss. attorney Charles M. Merkel Jr., who spent more than a decade in court fighting Scruggs in the Luckey dispute:
    “It’s scorched earth with Dickie Scruggs,” says Mr. Merkel, sitting in a wood-paneled office featuring duck-hunting memorabilia and two framed checks representing about $17 million in payments that Mr. Scruggs had to disgorge to Mr. Merkel’s client — a lawyer named Alwyn Luckey who argued that Mr. Scruggs shortchanged him for work he performed on asbestos cases that made Mr. Scruggs rich.

    Mr. Merkel and prosecutors say that the Luckey case foreshadowed some of Mr. Scruggs’ woes in the current bribery case. “As far as whether he’s guilty, I can’t say,” Mr. Merkel concedes. “But I’m not surprised, because he’s willing to use any means to an end. And it irks the hell out of me when Scruggs skates on the edge and makes the profession look bad.”

  • Keker, as predicted, is labeling Timothy Balducci a “wannabe” and says, of him and Scruggs: “I don’t think they’re close at all.” Merkel, for one, isn’t buying that: “He’s a lot closer to Scruggs than Scruggs would like to portray now,” Mr. Merkel says. “Balducci made part of the closing arguments in one of my cases, and they sat at the same table. When I was negotiating with them, it was generally with Balducci.”
  • The Times also picks up on Scruggs’s liberal dispensing of resources to sway Mississippi political influence-holders during the tobacco caper:
    In his deposition with Mr. Merkel in 2004, he discussed some $10 million in payments he made to P. L. Blake, a onetime college football star in Mississippi. After running into financial troubles, Mr. Blake became a political consultant for Mr. Scruggs, helping his boss navigate the back rooms of state politics and tobacco litigation.

    In the deposition, where he was represented by Mr. Balducci, Mr. Scruggs praised Mr. Blake for keeping “his ear to the ground politically in this state and in the South generally, and he has been extremely helpful in keeping me apprised of that type activity.” Mr. Blake could not be reached for comment.

    When Mr. Merkel further pressed Mr. Scruggs about Mr. Blake’s services, Mr. Scruggs elaborated: “He has numerous connections — in terms — when I say connections, I don’t mean that in a sinister way, I mean he just has a lot — he knows an awful lot of people in the political realm. And he — depending on the stage of tobacco litigation proceedings was keeping his ear to the ground, prying, checking. I mean, I never asked who or what or all that.”

$10 million in walking-around money — and Scruggs “never asked who or what or all that”? (Update: in a sensational new post, David Rossmiller points to a document — page 514 of the Luckey trial transcript, PDF — in which the overall money paid to or through Blake (most of it in the form of future payouts) is pegged at around $50 million. The “well over $500,000″ figure told to reporter Michael Orey seems to have signified well, well over, indeed.)

David Rossmiller takes note of a letter by Balducci dated August 1 over a regulatory matter which in its cocksure and sarcastic tone suggests that Balducci had not yet been confronted and “flipped” by federal investigators as of that date. This morning he adds a document and link roundup.

The Jackson Clarion-Ledger quotes Jackson attorney Dennis Sweet, who partnered with Scruggs on slavery reparations, as saying he “had a hard time believing that Dickie would involve his son in anything like this,” a comment that perhaps is open to close reading.

At Y’AllPolitics, two commenters discuss how conspiracy investigations logically develop over their life cycle. David Sanders notes that when the timing is up to them, federal investigators prefer not to uncover operations and reveal informants until they are satisfied they’ve caught all the targets in their net, which raises the question of whether they had developed what they considered to be the best evidence they were going to get, or whether some development forced their hand into closing the net before that point. “LawDoctor1960″ observes that the indictees will soon get a look at the prosecution’s case, which if damning could induce one or more to join Balducci in “flipping” with resulting further revelations and perhaps further indictments.

The WSJ law blog has some answers to the question put the other day: Where is Mr. Keker?

Folo wonders: does the Scruggs firm (as opposed to Scruggs Katrina) really not have a website, and if so, isn’t that exceedingly strange? Don’t they want to encourage potential clients to approach them?

Finally, for those who are wondering whether there’s any pro-Scruggs blogging to be found, we can report that we’ve spotted a reasonable facsimile at Cotton Mouth and at Pensacola Beach Blog.

Earlier coverage: here, here, here, etc.

Breaking Monday afternoon: FBI agents search offices of another leading Mississippi plaintiff’s attorney, Joey Langston, who has been representing Scruggs in his indictment, and has had many other past dealings with him.

July 27 roundup

by Walter Olson on July 27, 2007

  • Grand jury declines to indict Dr. Anna Pou in Katrina hospital deaths, despite heavy breathing from Louisiana AG Charles Foti and TV’s Nancy Grace [Times-Picayune, more; 2005 CNN transcript; Health Care Blog, GruntDoc, Vatul.net]

  • Protection from lawsuits for “John Doe” security informants is back in anti-terror legislation moving through Congress, despite back-door effort to eliminate it earlier [Fox News, Malkin; earlier] Addendum: but it’s in altered, much-weakened form, says commenter Bob Smith;

  • U.K.: Top law firm Freshfields earns millions advising clients on employment compliance, yet “omitted to check that changes to its own pension scheme were legal” [Times Online]

  • Thinking of doing some guestblogging, for us or another site? Some good advice here [Darren Rowse via Kevin O'Keefe]

  • Even Conrad Black can have trouble affording lawyers, at least with feds freezing his accounts [PoL on Steyn]

  • Shouldn’t have let us become parents again: Florida jury awards $21 million in “wrongful birth” case [Fox News]

  • Possibility of gigantic reparations claims adds intensity to big lobbying fight in Washington over whether Turkey’s slaughter of Armenians in 1915 amounted to genocide [Crowley, New Republic]

  • Updating colorful coverage case (Jun. 22, 2005): dentist wins $750K verdict on insurer’s duty to defend him for taking gag photos of sedated employee with boar tusks in mouth [Seattle Times, more; dissent in PDF; Althouse]

  • Giuliani might use federalism to defuse culture wars [Brownstein, L.A. Times; disclaimer]

  • Virginia’s enactment of harsh traffic fines (Jul. 6) follows tryouts of the idea in Michigan and New Jersey, where effects included rise in unlicensed driving [Washington Post]

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In 1921, there were massive race riots which led to the destruction of the black section of Tulsa, Oklahoma and the murder of dozens or hundreds of blacks. (See Wikipedia for one account.) At the time, the official story exonerated local whites, blaming the riot on blacks; eventually, the whole incident was forgotten. In 1997, the Oklahoma legislature set up a commission, which issued a report four years later which found that in fact white residents, aided and abetted by the local government, were at fault.

Enter the lawyers. Eighty-two years after the incident, Johnnie Cochran, Charles Ogletree and other prominent attorneys filed a federal civil rights suit against the city of Tulsa and the state of Oklahoma on behalf of the survivors, seeking monetary damages and injunctive relief. As you might expect, courts don’t look too kindly on eight-decade old lawsuits, and so the federal district and appellate courts dismissed the suit, on the grounds that the statute of limitations had long since passed. (The Supreme Court declined to hear an appeal.)

So now the lawyers (well, not Johnnie Cochran) are in Washington, trying to get Congress to retroactively extend the statute of limitations so they can sue. Ogletree is a driving force behind the slavery reparations movement, which so far has also foundered on statute of limitations issues; if he succeeds here, be assured that he won’t be resting on his laurels.

(To be clear, unlike many of the suits we chronicle on Overlawyered, the Tulsa suit is not inherently frivolous, and it may well be legitimate to assign blame to the city and state, for actions that (unlike slavery) were illegal even at the time. But, to reiterate: eighty years.)

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April 2 roundup

by Ted Frank on April 2, 2007

  • Illinois Justice Robert R. Thomas libel ruling award reduced to $4 million, but otherwise upheld by trial judge. “Essentially, the chief justice is still taking advantage of the system he dominates by trying to grab a personal windfall just because an opinion column in a newspaper speculated about politics on the bench.” (earlier) [Chicago Tribune; update from Lattman with opinion]
  • Alabama woman claims Starbucks coffee caused burns when she spilled on herself, sues. But I thought only Albuquerque McDonald’s coffee could cause burns? [Birmingham News (h/t P.E.)]
  • Update: Amway claims jurors in Utah case based $19.25 million award (Mar. 21) on number of P&G lawyers sitting at the table and engaged in improper averaging to reach nonunanimous result. [Salt Lake Tribune]

  • Copyright claimed in hedge-fund advertising brochure posted by blog [DealBreaker; Reuters]
  • N.D. Cal. federal judge: National Environmental Policy Act can be used to make speculative global-warming arguments against overseas government investment. [AP/Forbes]
  • Honor among thieves? Law firms turn on Milberg Weiss [press release]
  • Lawyer-to-the-stars Marty Singer (Dec. 9, Jan. 27, 2006) was also paid $25k from Senator Harry Reid’s campaign fund in failed attempt to squash AP coverage of fishy land deal. [WaPo]
  • Consumer World head has an idea that is so good, it must be mandated. [Kazman @ CEI Open Market]
  • This date in Overlawyered. 2001: NY legislature refuses to act on accident fraud. 2002: Roger Parloff on 9/11 Victims Compensation Fund. 2004: Reparations claims against the British over 19th century actions. 2006: $1M for the first fifteen minutes of unlawful detention, $1M/year thereafter.

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February 1 roundup

by Walter Olson on February 1, 2007

  • In “State of the Economy” speech, Bush says litigation and regulation harm U.S. financial competitiveness, praises enactment of Class Action Fairness Act [Reuters; his remarks]

  • How many California legislators does it take to ban the conventional lightbulb in favor of those odd-looking compact fluorescents? [Reuters, Postrel, McArdle first and second posts]

  • Levi’s, no longer a juggernaut in the jeans world, keeps lawyers busy suing competitors whose pocket design is allegedly too similar [NYTimes]

  • Clinics in some parts of Sweden won’t let women request a female gynecologist, saying it discriminates against male GYNs [UPI, Salon]

  • Is the new Congress open to litigation reform? Choose from among dueling headlines [Childs]

  • Anti-SLAPP motion filed against Santa Barbara newspaper owner McCaw [SB Ind't via Romenesko]

  • Uncritical look at Holocaust-reparations suits against French national railway [Phila. Inquirer]

  • Deep pockets dept.: court rules mfr. had duty to warn about asbestos in other companies’ products, though its own product contained none [Ted at Point of Law]

  • Lawyering up for expected business-bashing oversight hearings on Capitol Hill [Plumer, The New Republic]

  • “King of vexatious litigants” in Ontario restrained after 73 filings in 10 years, though he says he did quite well at winning the actions [Globe and Mail, Giacalone's self-help law blog]

  • Sen. Schumer can’t seem to catch a break from WSJ editorialists [me at PoL]

  • South Carolina gynecological nurse misses case of Rocky Mountain spotted fever — that’ll be $2.45 million, please [Greenville News via KevinMD]

  • Five years ago on Overlawyered: we passed the milestone of one million pages served. By now, though our primitive stats make it hard to know for sure, the cumulative figure probably exceeds ten million. Thanks for your support!

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In Australia, at least, it seems this whole land claims and reparations business is getting rather serious. “The judgment will not affect homes or businesses, as the Australian courts have ruled that native title does not apply to land owned on a freehold or long-lease basis.” However, if the judgment is upheld against an expected appeal by the state of Western Australia, descendents of natives may win the right to convert public lands in the city (such as urban parks) into permanent encampments, and boaters worry that control over the right to use waterways may also be affected. (Kathy Marks, The Independent (U.K.), Sept. 21; “Native title could lock up parks: Ruddock”, AAP/The Australian, Sept. 22; Chris Merritt and Patricia Karvelas, “Title win boosts capital city claims”, The Australian, Sept. 21). Perth is a city of 1.5 million. A native claim over land in Melbourne and its environs is expected next. (Ben Packham, “Native title claim looms”, Herald-Sun, Sept. 21).

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