Overlawyered » Tennie Pierce

September 23 roundup

Walter Olson — Sun, 23 Sep 2007 12:18:40 +0000

Lawyers in Iowa suit against Microsoft bag $75 million [ComputerWorld, ABA Journal; earlier antics in case here, here, here, and here]

Not a parody: Santa Cruz, Calif. says smoking in the park’s OK so long as its pot, not tobacco [Mercury-News via Bader]

L.A.’s big payout in Tennie Pierce case (firehouse dog food prank) deemed “completely outrageous”, “‘best possible’ outcome” (or both?) [Patterico, more, John and Ken, LoneWacko, Holy Coast; earlier]

Suit by Paris, Tex. hospital seeks to uncover name of anonymous blogger [Houston Chronicle](& Coyote)

Global-warming litigation roundups [Associated Press, Daily Report, NJLJ/PoL, Horner @ NRO]

Sues American Cancer Society after slipping on step at charity fund-raiser [Madison County Record, more]

Have Islamic Society of Boston lawsuits chilled local media? [Boston Phoenix via Romenesko]

Four guilty pleas so far in case of West Orange, N.J.’s Seligsohn, Goldberger & Shinrod, which paid runners to bring in staged and non-existent auto accidents [NJLJ first, second reports]

New at Point of Law: war on terror “lawyered to death“?; Florida insurance craziness; subprime lending crusade; France’s “model” health care system would offer few chances to attorneys like John Edwards; Mississippi AG Hood says “the system is working” on outside contracts; Sen. Ted Kennedy’s new “Equal Remedies Act of 2007” would boost payouts in workplace suits; and much more;

Browser add-ons that help squelch ads may be headed for litigation [Broache & McCullagh, CNet]

Lottery winner’s curse? Among other woes since winning nearly $315 million in Powerball, Jack Whittaker says he’s been involved in 460 legal actions [Chicago Tribune]

Tags: France, hospitals, Houston, Iowa, John Edwards, Madison County, Mississippi, roundups, Tennie Pierce, tobacco

September 23 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

September 18 roundup

Walter Olson — Tue, 18 Sep 2007 00:08:32 +0000

L.A. city council debating settlement of Tennie Pierce (firehouse dog food prank) case, apparently for several million [AP/Mercury-News; earlier]

Lerach said to accept jail term of 2 years or less in plea deal, won’t testify against former partners [Washington Post, Point of Law; earlier]

No shock, Sherlock: divorce cases said to have the highest rate of perjury in open court [Oregonian via WSJ law blog]

Things you might not have known about the Duke/Nifong case unless you’ve read the new Stuart Taylor/K.C. Johnson book [Leo, Minding the Campus; Thernstrom]

Take a wild guess as to one reason doctors are reluctant to communicate with their patients via email, despite the many potential advantages [Medical Economics via KevinMD]

Latest suit charging casino should have recognized customer’s gambling addiction [Indianapolis Star; earlier]

One brother kills the other in anger in the North Carolina woods, both members of a logging crew; ruled compensable under workers’ comp [Coppelman]

My client, the dog: another trend piece on steady expansion of animal law [Boston Globe]

Prankster gets American U. alumni mag to print erroneous report of two classmates as being gay. Defamatory? [New York Post, Smoking Gun; Julie Hilden a while back]

Trial begins in Kentucky of civil suit arising from the string of McDonald’s strip-search hoaxes Ted wrote about last year [OnPoint News, Louisville C-J/USA Today]

Woman who nearly froze to death after a night of drinking sues city, emergency personnel and taxi driver who dropped her at home [five years ago on Overlawyered]

Tags: Bill Lerach, divorce, Indiana, Kentucky, Milberg Weiss, North Carolina, Oregon, roundups, Tennie Pierce

September 18 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

December 14 roundup

Ted Frank — Thu, 14 Dec 2006 15:32:13 +0000

Ford wins an Explorer rollover lawsuit brought by family of unseatbelted accident victim, but press coverage is skimpy. [Detroit News]
Milberg Weiss’s claims for $12 million in fees viewed skeptically, cut in half. [Lattman; WSJ]
Dog food prank plaintiff Tennie Pierce is “the O.J. of the Fire Department.” Contrary to what one may think, this is apparently meant as a compliment, suggesting a racial divide that can’t be entirely attributable to whites. [LA Times]
SDNY Clinton appointee Judge Scheindlin thinks she’s smarter than Judge Easterbrook, throws pension law into mess again. See POL Nov. 12 and Aug. 8 for background. [Business Insurance; Cooper v. IBM]
Nifong gets around to releasing DNA results that appear to exonerate indicted Duke lacrosse players. Earlier: Oct. 12, etc. [AP/ABC News]
Judge won’t censor Borat DVD, but frat-boy lawsuit goes forward. [Reuters]
Criminal speeds away from DC police, hits innocent motorist, DC taxpayers liable for $1M. [WaPo]
Similarly: negligent driver veers across three lanes of highway traffic into oncoming vehicle, killing 18-year old; taxpayers liable for $2M because SUV was able to smash through the median. [AP/King County Journal]
Today’s Ninth Circuit Follies edition: lawless reopening of final sentences. [Kerr @ Volokh; Bashman; Carrington v. US; Lat]
Robert Ramsey files two more lawsuits claiming simultaneous asbestosis and silicosis in Madison County against several dozen defendants. [Madison County Record]
UK: 100-pound fine for misfiling trash. [Market Center Blog via Overcriminalized]
Inhofe’s take on global warming. [Senate]
Trial lawyer puts money where his mouth is. Check back in ten years to see whether it’s lawyers or insurers who are really at fault for medmal insurance crisis. [Point of Law]
I blame the fact I joined Friendster for this. [PrawfsBlawg]

Tags: asbestos, Borat, Detroit, Duke lacrosse, global warming, Madison County, Milberg Weiss, roundups, silicosis, Tennie Pierce

December 14 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

“Calculating damages: a formula for outrage”

Walter Olson — Tue, 05 Dec 2006 00:04:25 +0000

Latest in the Tennie Pierce (firehouse dog food prank) saga: Los Angeles Times columnist Steve Lopez finds reader sentiment heavily taking the view that the $2.7 million settlement figure is stark raving bonkers (Dec. 3). He speaks with Chief Assistant City Atty. Gary Geuss to get a feel for how the number was arrived at:

“The mediator said Pierce would be a good witness, his wife would be good and his daughter was going to get on the stand and start crying,” says Geuss….

In one case that went to trial two years ago, an L.A. cop got $4.1 million in a racial discrimination and retaliation case despite having made his own disparaging racial remarks.

Juries tend to jump at the chance to stick it to employers, Geuss said. When prospective jurors are asked if any of them have had issues with their bosses, “About 90% of the hands go up.”

Geuss began doing the math….

The L.A. Times’s news side, according to blogger Patterico, has begun belatedly acknowledging some of the flaws in Pierce’s case (Dec. 3; Jim Newton, “Dog food lawsuit a test for L.A. mayor”, Dec. 3). Earlier: Nov. 11, Nov. 22, Nov. 29, Dec. 2.

Tags: fire departments, juries, police, Tennie Pierce, workplace

“Calculating damages: a formula for outrage” is a post from Overlawyered - Chronicling the high cost of our legal system

December 2 roundup

Ted Frank — Sat, 02 Dec 2006 14:18:17 +0000

Tennie Pierce update: only 6 out of 15 members vote to override mayor’s veto of $2.7M dog-food settlement (Nov. 11). [LA Times]
Reforming consumer class actions. [Point of Law]
Judicial activism in Katrina insurance litigation in Louisiana. [Point of Law; Rossmiller; AEI]
What will and won’t the Seventh Circuit find sanctionable? Judge Posner’s opinion gets a lot of attention for snapping at the lawyers, but I’m more fascinated about the parts where the dog didn’t bark, which isn’t getting any commentary. [Point of Law; Smoot v. Mazda; Volokh; Above the Law]
Montgomery County doesn’t get to create a trio-banking system. [Zywicki @ Volokh and followup]
“The Hidden Danger of Seat Belts”: an article on the Peltzman Effect that doesn’t mention Peltzman. [Time; see also Cafe Hayek]
Pending Michigan “domestic violence” bill (opposed by domestic violence groups) criminalizes ending a relationship with a pregnant woman for improper purposes. [Detroit News via Bashman; House Bill 5882]
Did Griggs causes distortion in higher education? I’m not sure I’m persuaded, though Griggs is certainly problematic for other reasons (e.g., POL Aug. 12, 2004). [Pope Center via Newmark]
The Kramer cash settlement. [Evanier]
Jonathan Wilson gives Justinian Lane a solid fisking on loser pays. [Wilson]
Speaking of Justinian Lane, for someone who says he was “silenced” because I didn’t post a troll of a comment on Overlawyered, he’s sure making a lot of whiny noise. Hasn’t corrected his honesty problem, though. [Lane]
The stuff Gore found too inconvenient to tell you in “An Inconvenient Truth.” [CEI]
Islam: the religion of peace and mercy, for sufficiently broad definitions of peace and mercy. [Volokh]
One year ago in Overlawyered: photographing exhibitionist students at Penn. Jordan Koko doesn’t seem to have gone through with the threatened lawsuit. [Overlawyered]

Tags: domestic violence, harassment law, Justinian Lane, Katrina, Los Angeles, Louisiana, Michigan, Richard Posner, sanctions, Tennie Pierce

December 2 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

November 29 roundup

Ted Frank — Wed, 29 Nov 2006 11:12:09 +0000

Tennie Pierce takes his dog-food settlement to the LA City Council (Nov. 22). I repeat my offer to LA politicians: I’ll eat dog food for a lot less than $2.7 million plus severance pay. [LA Times]
Bogus $20 million asbestos verdict in NY; Chrysler had previously won 14 consecutive asbestos trials in a row; jury found Chrysler 10% liable, which made it responsible for 80% of the damages under New York law. Studies show no relationship between automotive products and asbestos illnesses. [Point of Law; Bloomberg; AP]
“Madison County Gets $17.6 Million Windfall Despite Philip Morris’ Escape From $10 Billion Judgment.” Earlier: Jun. 20 and links therein. [Alton Telegraph via Products Liability Prof Blog]
How tenant-friendly courts hurt tenants. [Point of Law]
Murnane on Justice Bob Thomas libel verdict. [Illinois Justice Blog]
One year ago on Overlawyered: $60.9 million cerebral palsy verdict. Arbitrary bench verdict arbitrarily reduced to $40.5 million; case on appeal to Eleventh Circuit. [West's Medical Malpractice Law Report]
One year ago on Point of Law: Ray Harron, asbestos doctor and Connecticut decision against freedom of contract.
The unpersuasive case for judicial activism. [Whelan @ Weekly Standard]
Federalist Society Convention podcasts beginning to be posted. [Federalist Society]
Are African-Americans “lagging” at major law firms, and if so, why? [Point of Law; New York Times; Lat; Sander]
Nice PETA expose video. [Penn & Teller @ Google Video]

libel slander and defamation

Madison County

roundups

Tennie Pierce

November 29 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Welcome O’Reilly Radio Factor listeners

Walter Olson — Wed, 22 Nov 2006 13:59:39 +0000

I was a guest just now on the radio O’Reilly Factor, guest-hosted by KABC’s Doug McIntyre, to discuss the L.A. firefighter dog food hazing suit. A couple more background links on the story, to go with those collected by Ted above: Christine Pelisek, “Dog food caper”, L.A. Weekly, Nov. 21 (“for nearly a week after the original story hit the papers — a tale of racist America making a black man eat dog food — the print media all but squelched the ensuing developments. The only hint of a brewing debacle was an almost invisible, 2-inch-long “brief” in the Los Angeles Times on November 15.”) and Eric Berlin, Nov. 21 (discussing several stories on this site, and disputing the notion that dog food somehow historically evokes slavery) and Nov. 22.

Tags: firefighters, on TV and radio, Tennie Pierce

Welcome O’Reilly Radio Factor listeners is a post from Overlawyered - Chronicling the high cost of our legal system

Dog food suit update

Ted Frank — Wed, 22 Nov 2006 10:27:04 +0000

We’d like to take credit, but: After talk-radio-flamed outrage over the City Council’s approval of a $2.7 million settlement for “racial harassment” for a 6’5″ African firefighter nicknamed “Big Dog” who was pranked with a meal of dog-food-spaghetti-sauce, the mayor vetoed the settlement. The “John and Ken Show” website posted photos of the plaintiff, Tennie Pierce, engaging in other pranks. Five council members backtracked after voters started sending cans of dog food to the politicians as a protest, which makes it unlikely the veto will be overridden, even though the settlement was approved 11-1. Hurt politically: the office of city attorney Rocky Delgadillo, whose office continues to defend the settlement. (Sandy Banks and Steve Hymon, “Fury on the airwaves undid bias settlement”, LA Times, Nov. 22)

Tags: firefighters, Tennie Pierce, workplace

Dog food suit update is a post from Overlawyered - Chronicling the high cost of our legal system

Taxpayer bill for dog food meal: $2.7 million

Ted Frank — Sat, 11 Nov 2006 11:53:44 +0000

Not including defense attorney costs. Jorge Arvelo served spaghetti with a dog food sauce to Tennie Pierce at his firehouse as a prank, and alleged racial discrimination. The three firefighters behind the joke said it was just firehouse tomfoolery, but Pierce’s attorney found a professor willing to say otherwise: “The association of a black man and dog food resonates with the deep historical roots of slavery and the corresponding dehumanization,” said sociologist David Wellman, who further opined that “[Blacks] have a gyroscope that picks up hostile stuff that somebody else would not see as hostile.” The City Council voted 11-1 to settle for $2.7 million; it’s not their money, after all. Pierce also gets to take a year off on fully paid administrative leave, and then collect a full pension. The LA Fire Department is 47% minority. (Sandy Banks, “Black firefighter settles suit over racial prank”, Los Angeles Times, Nov. 9).

Note to Los Angeles residents: I’ll eat dog food and let firefighters laugh at me for doing so for a tenth that price.

Update, November 22: Mayor vetoes settlement in response to taxpayer outrage.

Tags: firefighters, Tennie Pierce, workplace

Taxpayer bill for dog food meal: $2.7 million is a post from Overlawyered - Chronicling the high cost of our legal system