Archive for 2006

$2 million 9/11 fee under fire

“Laura Balemian, whose husband Edward J. Mardovich died in the World Trade Center, received one of the largest awards paid out by the September 11th Victim Compensation Fund: $6.7 million. But she in turn paid out what is almost certainly the highest legal fee. While the vast majority of victims were represented before the fund pro bono or for a nominal fee, Balemian paid her lawyer, Thomas J. Troiano, a one-third contingent fee, or over $2 million.” In an affidavit, 9/11 fund special master Kenneth Feinberg calls Troiano’s fee “shocking and unconscionable”, and says that fund guidelines recommend that attorney fees be kept under 5 percent of family recoveries; Troiano, however, says Mrs. Balemian knew what she was getting into and that his efforts produced outstanding results. (Anthony Lin, “Attorney’s $2 Million 9/11 Fee Called ‘Shocking, Unconscionable'”, New York Law Journal, Aug. 29; Alfonso A. Castillo, “9/11 widow battles over attorney’s fee”, Newsday, Sept. 1; MyShingle, Aug. 28).

Update: Story also covered in this American Justice Partnership publication (PDF).

Second British gambling CEO detained

“The chairman of British betting company Sportingbet, Peter Dicks, was detained by American authorities in the early hours of today in what is being seen as a further crackdown on online gambling. The detention of Mr Dicks, 64, comes just two months after David Carruthers, the chief executive of BetOnSports was arrested in Texas on alleged fraud and racketeering charges. Mr Carruthers, who has maintained his innocence, was on his way to the company’s offices in Costa Rica.” (Miles Costello, “Sportingbet boss detained in US”, Times Online (UK), Sept. 7). For our earlier coverage, see my Times Online column on Carruthers’ arrest as well as Jul. 20 and Jul. 27.

Jumps off pier on Ecstasy; dad wants $10M

Myrtle Beach, South Carolina: “Police said Jeffrey Rothman died in March 2001 at age 20 after jumping off Second Avenue Pier, and an autopsy determined that he had taken the drug Ecstasy and died accidentally. His father, David Rothman, charges that the police department did not follow proper procedures, did not treat the case as a possible homicide and showed a general lack of professionalism.” The senior Rothman, who is filing his suit without a lawyer, says it’s not about the money and talks of using the $10 million for charity. (Lisa Fleisher, “Trial date set in lawsuit against MB, police”, Myrtle Beach (S.C.) Sun-News, Aug. 24; comments at Fark).

Do new studies portend litigation rationality on vaccines?

Orac, whose blog has done much to rebut vaccine conspiracy theories published in the mainstream media, expresses hope (via Childs) that a new study showing the likelihood of autism increases with the age of the father will add to the weight of evidence showing that autism is genetic, rather than caused by vaccines.

Of course, Orac is presuming that litigation-driven theories and for-hire-expert testimony have any basis in rationality or science. We have known for nearly twenty years that “sudden acceleration” is much more likely to occur to elderly, new, or very short drivers, and demonstrating conclusively that it is purely a function of pedal misapplication, yet we still see lawsuits (and verdicts!) today alleging that (apparently age-discriminating) magnetic interference with defective cruise control causes accidents (e.g., Aug. 7).

But where are the customers’ Lamborghinis?

Houston plaintiff’s lawyer John O’Quinn, famed for his huge fee hauls in asbestos, tobacco and silicone breast implant cases, was the winning bidder at $500,000 at a Labor Day auction of a Lamborghini race car signed by celebrities. O’Quinn “also spent $335,000 on a Batmobile used in the film ‘Batman Forever.’ His other purchases at the auction included $250,000 for a 1938 Cadillac Town Car used by Pope Pius XII and $290,000 for a 1941 Packard limousine used by President Franklin D. Roosevelt.” (AP/Houston Chronicle, Sept. 5; Houstonist, Sept. 5)(title allusion).

Speak freely, until Friday

“As of Friday, when the 60-day blackout period for ‘electioneering communications’ by nonprofit interest groups begins, political speech will enjoy less protection than dirty movies. While a sexually explicit film is protected by the First Amendment if it has some socially redeeming value, an ‘electioneering communication’ is forbidden even if it deals with important and timely public policy issues.” (Jacob Sullum, syndicated/Reason.com, Sept. 6).

A dose of reality

September 1 UPI interview with William Plested III, president of the American Medical Association (via Kevin MD):

Q: Ken Suggs, head of the Association of Trial Lawyers of America, recently told UPI that doctors and lawyers should stop fighting each other and unite against the medical malpractice insurance companies who keep hiking insurance premiums to push their profits higher. How would you respond?

A: Do you have any idea what happened with medical malpractice insurance? It’s almost totally in the hands of doctor-owned companies; doctors who put together their finances to get a company to give them insurance, because the for-profit insurers all ran. There is no profit in this; (the insurers) left it. And people who are not out to make a profit, they’re just out to protect doctors (via) their own insurance companies, they’re the one who are left.

Related.

Violence toward Barney, cont’d

For years lawyers representing the owners of the children’s-show character Barney have been firing off cease-and-desist letters to parodists who’ve portrayed various forms of violence being visited on the purple dinosaur (see, for example, Jun. 25, 2001). Now one such exchange has escalated, as the Electronic Frontier Foundation has sued Lyons Partnership, owner of Barney rights, seeking a court’s declaration that Stuart Frankel is not committing infringement by publishing a Barney parody site. (Robert Ambrogi, Legal Blog Watch, Aug. 24). Update Nov. 30: Lyons backs off.

Bloomberg’s gun lawsuits

They’re “beginning to look like a fiasco”, opines David Hardy (Aug. 31):

A second dealer has filed a counter-suit in his home state, a NY dealer they charged with criminal offenses had to be let off with disorderly conduct (in most states, about a minor a misdemeanor as they have), they seized guns from that dealer but had to return them, the city has settled with two on terms that have them audited by a special master (whom the city has to pay)… oh, and a third dealer now says he’s going to sue.

More details: Bradley Hope, “Gun Dealer Hits Bloomberg on Sting Operation”, New York Sun, Aug. 31.