I’ve got an op-ed in today’s Wall Street Journal (also, conveniently, featured on the Journal’s mostly-free companion site OpinionJournal.com), pointing out that retiring Justice O’Connor was remarkably outspoken in criticizing the evils of excessive litigation, and suggesting that President Bush may wish to pick a successor who shares these concerns. I also discuss some very revealing comments made by the Senate minority leader last week: as OpinionJournal.com sums up the implications, “Harry Reid may be willing to give up Roe v. Wade to get a trial lawyer on the Supreme Court”. (Walter Olson, “The Next Sandra Day”, OpinionJournal.com, Jul. 7; same article at subscriber-only WSJ site).
Archive for July, 2005
Lawsuit Filed to Prevent Killing of Pigs on Channel Islands
A lawsuit was filed on Tuesday to halt the killing of feral pigs on Santa Cruz Island off of the California coast. The pigs are causing problems with the island’s ecosystem. Nonetheless, the plaintiffs contend that the Channel Islands National Park officials have “rushed to judgment” in deciding to kill the pigs. (Mercury News, “Lawsuit seeks to stop eradication of pigs on Santa Cruz Island,” Jul. 6, 2005).
Utah tax refund class action
Echoes of California’s celebrated smog-fee affair:
A class-action lawsuit seeking refunds for 120,000 Utahns wrongly charged millions of dollars in sales taxes for floor coverings and installation has been criticized as a full-retirement plan for lawyers rather than a boon to consumers.
That is because the erroneously taxed consumers could have gotten a full refund — simply by calling the Utah State Tax Commission and making a claim.
“There was no need for a class-action lawsuit,” said Assistant Attorney General Clark Snelson, who represented the Utah State Tax Commission in litigation against challenging the tax collections. “Individuals had the ability to come to the Tax Commission to get their refund, which made the lawsuit unnecessary.”
Under the terms of the settlement, “half of the $5.7 million settlement goes to plaintiffs’ attorneys and investigators”. (Dawn House, “Was tax refund lawsuit needed?”, Salt Lake Tribune, Jun. 30).
Federal Lawsuit for Slave Reparations Dismissed Again
A federal lawsuit seeking reparations for descendants of slaves was dismissed for a second time on Wednesday. Even the inclusion of a 104 year old who plaintiff claimed to have lived in a slave hut with his family was not enough to save the lawsuit. (CentreDaily.com/Chicago Tribune, “Lawsuit seeking reparations for slavery dismissed again” July 6, 2005). Overlawyered previously reported on this case on Jan. 26 and Jan 30.
The secret of success is sincerity. Once you can fake that you’ve got it made.
From an American Trial Lawyers Association litigation practice tip:
Before you even open your mouth today in the courtroom the jurors will have had numerous discussions among themselves speculating as to the type of case they will be involved in. One or more of the jurors will have mentioned the McDonald’s case, and some will have told their individual stories about the latest outrageous acts of the judicial system . . . .
I have finally learned that unless I exhibit a great deal of agreement with the jurors regarding the “sad” state of our litigation system and the tremendous number of “frivolous” lawsuits that clog our courts, I have virtually no hope of convincing any juror that my case is not frivolous.
Radio today
I’m scheduled to be a guest on San Antonio’s KAHL 1310 AM today at 1:30 p.m. Central, discussing Sandra Day O’Connor’s seat on the Supreme Court.
Corey Romagnano v. Rancho Simi Recreation and Park District
Santa Susana Park prohibits rock-climbing, and has even partially fenced off a 100-foot rock face there. Nonetheless, 13-year-old Corey Romagnano climbed it anyway, and is in a coma after suffering skull fractures from falling off the cliff. The resulting lawsuit is especially critical of the park district for situating a baseball field beneath the cliff because it “made the hillside even more dangerous and attractive to children who would want to watch the game or activities.”
“We have all kinds of parks and open space — 5,000 acres worth. The open space is available for use by the public and we can’t protect everyone from everything. You can’t eliminate risk of injury,” said Larry Peterson, the park district’s general manager.
(Angie Valencia-Martinez, “District sued over boy’s fall from park cliff”, LA Daily News, Jun. 25 (via Common Good Society Watch)).
Update: the juror and the newspaper
The story of the mistrial in the murder prosecution of Gerardo N. Lara Sr., caused by Lindy L. Heaster’s purchase (Apr. 22, Apr. 25), is quietly resolved with a payment of $21,290 in restitution, and a sentence of 250 hours of community service and a suspended sentence of six months. Prosecutors won’t pursue perjury charges. (Maria Hegstad, “Juror fined for lying”, Potomac News, Jul. 2; Stephanie McCrummen, “Juror ‘Panicked,’ Lied to Va. Judge”, Washington Post, Jul. 6).
$12.8M for bed-ridden schizophrenic’s amputation
62-year-old Kenneth F. Morris is both paraplegic and a schizophrenic. He refused to cooperate with the doctors and nurses at other hospitals, and when he arrived at Western Convalescent Hospital, he had infected bedsores, which eventually resulted in the amputation of his leg below the knee. A Los Angeles County jury held the nursing care facility 90% responsible for the injury, and awarded over $12 million in compensatory and punitive damages. “A spokeswoman for the California Department of Health Services, which inspects and licenses nursing homes, said state officials had never received a complaint about Morris’ injuries and had no plans to investigate.” (Jack Leonard, “Abuse Victim Wins Award”, Los Angeles Times, Jul. 2; plaintiffs’ law firm summary). The award will likely be lowered somewhat later in the litigation process, but the trial court is still likely to award between $3 and $6 million.
Disgruntled Talk Show Caller Presses Age Discrimination Lawsuit
Controversial Talk Show Host Tom Leykis bluntly told a caller that he was too old to be a caller. Specifically, Leykis said: “You’re not just older than my demographic, you’re the grandfather of my demographic.” You can read the entire transcript of the call at this June 19, 2005 post at LawLimits.com.
The caller, Marty Ingels, was upset and naturally filed a lawsuit alleging, among other things, violations of California’s laws prohibiting discrimination. In response, the radio show filed an an anti-SLAPP motion to obtain a quick dismissal of the lawsuit on First Amendment grounds. The trial court granted the motion to strike and Ingels, the caller, appealed. The Court of Appeal upheld the trial court’s ruling.
Tomorrow’s edition of Calendar Live continues the saga. Ingels is now petitioning the California Supreme Court to reinstate the lawsuit and plans to take the case to the U.S. Supreme Court if the California high court fails to take action.
Overlawyered previously reported about the case on June 10, 2005. (“Not too old to sue Tom Leykis”, Robert W. Welkos, Los Angeles Times – Calendar Live, July 6, 2005.)