Wheeling, W.V.: the West Virginia Supreme Court has annulled the law license of Mark Blevins, an attorney and candidate for county prosecutor who was accused in disciplinary complants of having solicited a convicted felon to procure a “throwaway” gun and to help him collect money from clients. (AP/Law.com; Wheeling News-Register). Our earlier post drew protests from readers who didn’t think it relevant whether the other party to the discussion was a felon or not.

As a condition of granting pain-management services, Family Care Health Center in Putnam County, West Virginia required patient Ronald Sprouse to sign an agreement stipulating that he would cooperate with unannounced urine and bodily fluid testing and that the presence of “unauthorized substances (legal or illegal) will result in discharge from the practice.” Kicked out of the program after testing positive for cannabinoids, Sprouse admits using them but is suing the health center and doctor anyway: “When he does not smoke marijuana, Sprouse claims he becomes violent toward his family and does not leave his house in fear of how he will react toward others in society.” He is representing himself. It’s too bad for his case that he doesn’t live in California, where lawmakers seem to be headed toward making medical marijuana smokers a legally protected class. (Kelly Holleran, “Pot smoker sues for getting dismissed from pain management center”, W.V. Record, Sept. 8)(& KevinMD, ER blog Crass-Pollination).

Unlike Roy Pearson in the celebrated D.C. case, Charleston, W.V. lawyer Richard D. Jones isn’t demanding $67 million from the dry cleaner, nor is he a sitting judge (his practice is in civil defense). About the only visible angle that distinguishes the case from the entirely ordinary: Jones wants punitive damages from defendants Pressed For Time and Lisa Williams. (W.V. Record, more).

They shouldn’t include hiring a felon to put the strong arm on deadbeat clients. Attorney Mark Blevins of Wheeling, W.Va., a Republican candidate for county prosecutor, denies the charges. [Lawrence Smith, “Wheeling attorney faces suspension for using felon to collect debts”, West Virginia Record, Aug. 22; Joselyn King, “Lawyer faces license suspension”, Wheeling Intelligencer, Aug. 26) (via ABA Journal).

In response to his request for handicap accommodation, the West Virginia Board of Bar Examiners gave Shannon Kelly three instead of two days to complete the bar exam, “printed its examination in big type … gave him a room to himself and allowed him an extra day to complete the test”. He flunked anyway, so it’s off to federal court to demand further accommodations for what his lawyer Edward McDevitt describes as Kelly’s “severe deficits in processing speed, cognitive fluency and rapid naming”. (Above the Law, Aug. 4; WV Record, Jul. 25). We covered similar issues in the famous Marilyn Bartlett case (before federal judge Sonia Sotomayor in New York) Aug. 20-21, 2001. More: Coppelman, Workers Comp Insider.

Analyzing the upcoming race between the incumbent, Darrell McGraw, and his clean-government opponent, Dan Greear, the West Virginia Record has an extensive story on the West Virginia attorney general’s habit of giving lucrative no-bid contingency-fee contracts to his campaign contributors, as well as holding on to settlement money for his own personal slush fund.  I am quoted at length and described as “widely regarded as one of the country’s leading voices in tort reform.”  Also notable are quotes from another “Washington, D.C.-based lawyer who has written articles about the need for reform.”  Kim Strassel also has a good piece on the subject in Friday’s Wall Street Journal:

To Mr. Greear’s advantage, his opponent is a case study of abuse in office. Mr. McGraw, in more than 14 years as West Virginia’s attorney general, has been a pioneer in the practice of filing questionable lawsuits against big companies, secretly doling out the legal work to outside trial lawyer friends who reap millions in fees. Those lawyers then turn around and donate heavily to Mr. McGraw’s re-election.

Polls show the public, in theory, disapproves. In a Tarrance Group survey last year, 75% of West Virginians think an attorney general should publicly disclose outside contracts with lawyers. Nearly 60% think attorneys should have to competitively bid for those jobs.

It’s this that motivates Mr. Greear. “I’ve watched what’s going on and thought: ‘If I were doing this to a client, I’d lose my law license.’ I don’t think any fair-thinking person can think this is good government, or good solid legal representation for West Virginia,” he tells me.

Also helping is that Mr. McGraw’s own sense of political immortality has recently landed him, and his state, in hot water. In 2001, he appointed four private law firms to sue drug companies for alleged deceptive advertising of OxyContin. Having forced a settlement in 2004, he handed his tort allies $3.3 million of the $10 million haul. Mr. McGraw had sued on behalf of state agencies (including the state’s Medicaid program) — yet his office kept the rest of the settlement money.

The federal government, which pays a significant portion of the state’s Medicaid bills, remains furious the program received none of the settlement, and is now threatening to withhold millions in Medicaid money. Mr. Greear is hitting hard on the uproar, using it to suggest Mr. McGraw has lost sight of why he’s suing companies, other than for the headlines.

[A] large deal of the gleeful Spitzerfreude on Wall Street arose from of the poetic justice of Spitzer’s undoing at the hands of the same extra-judicial tactics he regularly used against Wall Street firms and corporate executives when he was attorney general of New York. The real scandal of Spitzer’s career was not so much the former Girls Gone Wild model as the prosecutors gone wild.

My retrospective of Eliot Spitzer as both archetype and victim of overaggressive prosecutors in the July/August American Spectator is now on line at the AEI website.

The Humphreys - Bagent - Aguilar family of Charles Town, W.Va. and Fort Wayne, Ind. says professional photographer Sheri Grippo-Titus, who formerly practiced in Charles Town, used at least 74 photos of the family on her web site without obtaining a requisite model release, so they’d appreciate getting a million and a half. Possibly relevant: one member of the family formerly worked for Grippo-Titus but parted on unhappy, still-disputed terms. (Cara Bailey, West Virginia Record, Jul. 18). More on photo permissions here, here, and at other points in our art and artists category.

You may recall a manufactured dispute over the former West Virginia Justice Richard Neely’s quote in The Product Liability Mess:

As long as I am allowed to redistribute wealth from out-of-state companies to in-state plaintiffs, I shall continue to do so. Not only is my sleep enhanced when I give someone else’s money away, but so is my job security, because the in-state plaintiffs, their families and their friends will re-elect me.

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Frank Haas is suing for damages and reinstatement after his expulsion from Most Worshipful Grand Lodge of West Virginia, Wellsburg Lodge #2. Per Above the Law, “Discovery should be fun in this one.” (Jun. 16; Dan Barry, “From Would-Be Reformer, to Former Mason, to Plaintiff”, New York Times, Jun. 16).

As I’ve previously noted:

“As long as I am allowed to redistribute wealth from out-of-state companies to in-state plaintiffs, I shall continue to do so. Not only is my sleep enhanced when I give someone else’s money away, but so is my job security, because the in-state plaintiffs, their families and their friends will re-elect me. ”

– Richard Neely, Justice, West Virginia Supreme Court, The Product Liability Mess at 4

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• Florida trial lawyers have funneled millions to Gov. Charlie Crist and GOP state legislators; now guess why Orlando isn’t going to get commuter rail [Bousquet/St. Petersburg Times; Sentinel]
• What his ex-law firm told the world was “extremely inappropriate personal conduct” was in reality no more than a “brief, consensual kiss” with co-worker, charges attorney in $90 million defamation suit; Kasowitz Benson says it was following zero tolerance policy [American Lawyer]
• SCOTUS, 9-0, Thomas writing, narrows scope for money-laundering charges over hiding unexplained cash — but will that curb forfeiture abuse? [Grits for Breakfast, Greenfield]
• After West Virginia high court refuses to review $405 million royalty dispute jury verdict against Chesapeake Energy and another defendant, company scraps plans to build $30 million headquarters in the state [PoL]
• Even after discounting anti-corporate rhetoric, there does seem to be a story here about aggressive seed patent litigation tactics used by agri-giant Monsanto, a firm known to our readers [Barlett & Steele, Vanity Fair; earlier]
• Medical liability consequences of much-promoted concept of hospital “never events” [Buckeye Surgeon]
• Cellphone rage update: Judge Robert Restaino ousted for jailing 46 people after one of the annoying devices rang out in his Niagara Falls, N.Y. courtroom [Buffalo News, earlier]

• “Dog owners in Switzerland will have to pass a test to prove they can control and care for their animal, or risk losing it, the Swiss government said yesterday.” [Daily Telegraph]
• 72-year-old mom visits daughter’s Southport, Ct. home, falls down stairs searching for bathroom at night, sues daughter for lack of night light, law firm boasts of her $2.475 million win on its website [Casper & deToledo, scroll to "Jeremy C. Virgil"]
• Can’t possibly be right: “Every American enjoys a constitutional right to sue any other American in a West Virginia court” [W.V. Record]
• Video contest for best spoof personal injury attorney ads [Sick of Lawsuits; YouTube]
• Good profile of Kathleen Seidel, courageous blogger nemesis of autism/vaccine litigation [Concord Monitor*, Orac]. Plus: all three White House hopefuls now pander to anti-vaxers, Dems having matched McCain [Orac]
• One dollar for every defamed Chinese person amounts to a mighty big lawsuit demand against CNN anchor Jack Cafferty [NYDN link now dead; Independent (U.K.)]
• Hapless Ben Stein whipped up one side of the street [Salmon on financial regulation] and down the other [Derbyshire on creationism]
• If only Weimar Germany had Canada-style hate-speech laws to prevent the rise of — wait, you mean they did? [Steyn/Maclean's] Plus: unlawful in Alberta to expose a person to contempt based on his “source of income” [Levant quoting sec. 3 (1)(b) of Human Rights Law]
• Hey, these coupon settlements are giving all of us class action lawyers a bad name [Leviant/The Complex Litigator]
• Because patent law is bad enough all by itself? D.C. Circuit tosses out FTC’s antitrust ruling against Rambus [GrokLaw; earlier]
• “The fell attorney prowls for prey” — who wrote that line, and about which city? [four years ago on Overlawyered]

*Okay, one flaw in the profile: If Prof. Irving Gottesman compares Seidel to Erin Brockovich he probably doesn’t know much about Brockovich.

Forbes compiles its list and is kind enough to quote me at some length. Scariest of the scary? Los Angeles (ADA filing mills); Miami (med-mal); Atlantic County, N.J. (pharmaceutical); Starr County, Tex. (personal injury); Cook County, Ill. (product liability; I’m quoted on the Cook premium for otherwise routine injury cases); Mississippi (class actions; more properly, group and other mass actions, given the state’s peculiar way of handling such claims); Clark County, Nev. (construction litigation); West Virginia (environmental lawsuits); Philadelphia (I’m quoted on the city’s tradition of libel suits by public officials); (William Pentland, Forbes, Apr. 7; slideshow).

According to a lawsuit filed by Chase, two Coral Springs attorneys are scamming their clients by promising to eliminate their debts, and then diverting debt payments for legal fees to file meritless lawsuits challenging credit card debts. The attorneys general of Florida, North Carolina, and West Virginia are also involved, and the Florida bar has moved to suspend the license of Laura Hess. “Defendants’ ulterior goals are to extract fees from card members who should be paying the money to Chase to satisfy their debts and to maliciously harass Chase in an improper (albeit unsuccessful) attempt to coerce the elimination of their clients’ legitimate debts.” (Bud Newman, “Chase Bank Accuses Florida Law Firms of Running Debt-Relief Scam”, Daily Business Review, Mar. 6).

Update: See also Mar. 6 Business Week; on-line at the self-reported Rip-Off Report; and WATE (Tennessee), Apr. 2. “‘The programs typically require financially strapped consumers to pay fees up front, so they make money whether or not any useful services are performed,’ says Philip Lehman, an assistant attorney general in North Carolina.”

On Feb. 7 a jury found the Charleston Area Medical Center in West Virginia had wrongly revoked the privileges of vascular surgeon R. E. Hamrick, Jr. over a financial dispute. It awarded Hamrick $25 million, including $20 million in punitive damages; the dispute arose over Hamrick’s desire to set up a self-insurance fund against professional liability as opposed to purchasing outside insurance. CAMC has retreated from initial talk of pay freezes for staff, but it is unclear where it will come up with the money — about 4 percent of its annual budget — in ways that have no impact on patients: “‘Any time you have to spend $15 million, how can it not affect the way we care for people?’ asked Dr. Tom Bowden, who also serves on CAMC’s Board of Trustees.” However, expert witness Jonathan Cunitz of Westport, Ct., who testified for the plaintiffs on punitive damages, told the Daily Mail that patients and employees “shouldn’t be concerned for a second” about cutbacks because the nonprofit community hospital could just pull the money from the magic rainbow wishing well could cover the punitive damage award “just out of the money generated by Hamrick’s surgeries,” in the newspaper’s phrasing. It sounds almost as if hospital revenues from surgery constitute pure gravy and do not involve any correlative expenditures. The hospital’s CEO notes that the damage award “was higher than the $15 million CAMC spent to purchase the former Putnam General Hospital in 2006.” (Justin D. Anderson, “Doctor responds to colleague’s lawsuit win against CAMC”, Charleston Daily Mail, Feb. 12; Eric Eyre, Charleston Gazette, Feb. 13, Feb. 20, Feb. 21; Chris Dickerson, West Virginia Record, Feb. 7).

• Protection of ugly garage views? Garrison Keillor vs. neighbors in St. Paul, Minn. [NYTimes]
• If you’re a lawyer who practices before the south Florida bench, it’s not a recommended career move to use a blog to call one of its judges an “evil, unfair witch” [WSJ Law Blog]
• Nonprofit sleep-off center that takes in drunks sued after rescuing man who then succeeds in laying his hands on more liquor and drinking himself to death [Anchorage Daily News]
• New Starbucks offering of “skinny” drinks “could easily be considered a form of size discrimination” and lead to litigation, complains ticked-off barista [StarbucksGossip]
• Appearance of impartiality? West Virginia high court judge cavorted on Riviera with coal exec whose big case was pending before his court [Liptak/NYT] Update: Now recused, per WV Record.
• Retired drug enforcement officers sue Universal Studios, saying they were defamed as a group by “American Gangster” [MSNBC]
• Not much likelihood of confusion: shirtmaker Lacoste can’t keep two dentists in Cheltenham, England from using toothy crocodile as logo for their practice [Reuters]
• People seized randomly off street for compulsory jury duty in St. Johnsbury, Vt. and Greeley, Colo. [AP/Findlaw via KipEsquire, Greeley Tribune]
• Federal judge orders attorney Robert Arledge of Vicksburg, Miss. to pay $5.8 million in restitution after conviction for organizing bogus fen-phen claims [Clarion-Ledger; earlier]
• Canada: abuser of crystal meth successfully sues her drug dealer [BBC]
• Animal rights group tries to shut down “happy cows” ad campaign [three years ago on Overlawyered]

(Re-posted from Point of Law.)

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