If an ice storm leaves you immobile and furious, the law surely must provide you with a remedy, at least if you’re at New York’s JFK airport, as opposed to being stuck on Interstate 78 in Pennsylvania. Right? (Steve Chapman, “The right protection for airline passengers”, Chicago Tribune/syndicated, Feb. 22; “The Politics of JetBlue” (editorial), Wall Street Journal/OpinionJournal.com, Feb. 24).
Archive for February, 2007
Microsoft told to pay $1.5 billion over music patents
“A federal jury in San Diego [Thursday] ordered Microsoft to pay $1.52 billion to Alcatel-Lucent for violating two patents for a technology used by hundreds of companies that allows users to play digital music on computers, cellphones and other portable devices.” (Alan Sipress, “Microsoft Loses Big In MP3 Patent Suit”, Washington Post, Feb. 23). Washington Post tech blogger Rob Pegoraro (Feb. 23):
Alcatel-Lucent’s patent payday has all the things that patent-abuse critics hate:
* “Submarine” patents, invoked years after a contested invention has hit the market? Check
* Claiming ownership of a media format most people use all the time? Check
* A plaintiff that’s failed to commercialize its own alleged invention? Check
* Extortionate royalty demands? Check
(via Kevin Drum, Feb. 23).
Spank-ban solon will try for half a loaf
Or other bread product as appropriate: California Assemblywoman Sally Lieber concedes the votes “simply [are] not there” for her widely derided proposal to ban the spanking of small children (Jan. 22, Feb. 14), but she’ll still try to get the state’s regulatory nose into the nursery by pushing a law banning various parental disciplinary techniques, including spanking that employs an “instrument”. (Mike Zapler, “No-spanking bid softened”, San Jose Mercury News, Feb. 23).
A question of hubris: what’s our traffic?
We ask because we saw a couple of blogs speculating about our traffic, and making a mathematically incorrect calculation underestimating it by mistakingly assuming that our 2006 readership had not grown from 2001.
So how much do traffic do we have? The answer: we don’t know for sure. If one were to count raw page views, we served 1,176,741 pages in January 2007.
A naive, boastful or deceitful newcomer to the web might try to claim that number as readership. However, a significant share, for us as for any site, consists of spiders from search engines and other mechanical “visitors”, 404 pages not found, reloads and various other categories that inflate a proper readership, including periodic “storms” of a hundred thousand or even a million page requests that are unrelated to reader interests and appear to be either DoS attacks or some other form of static interference. (January did not include any major attacks of this sort; November had a big one, which brought its figure to 2.8 million.)
We do know that our PageRank is 7, the same as major blogs like Instapundit and Gawker or sites like Law.com. By comparison, the top law blog, Volokh, has a PageRank of 8; and my own personal unpublicized little-read rarely-posted-or-linked-to vanity blog with under 100 readers/day has a PageRank of 6.
Of course, we don’t suggest that people read our blog just because others are doing so or because it’s trendy or even because of all the awards and praise we’ve won (and those pages need about five years of updates); we hope you do so because you appreciate the unique analysis we provide here.
Rex Carr med-mal case fails
In 1999, Maria Storm had a mole on her right shoulder that was rubbing against her bra strap; Dr. Patrick Zimmerman removed it at her request. The mole did not have an irregular shape or color. Four years later, she was diagnosed with a fatal melanoma on a different part of her body (“Louis Dehner, M.D., a pathologist at Barnes-Jewish Hospital in St. Louis, testified that the mole Zimmermann removed was not the primary spot of the melanoma”), and her family sought to blame her death on Zimmerman, seeking $10.9 million. (Zimmerman biopsies 30% of the moles he sees, and less than 1% of the ones he orders for testing are malignant, suggesting he’s already practicing heavily defensively.) A Madison County jury rejected attorney Rex Carr’s pleas; Carr (Feb. 6; Dec. 6, 2005; Nov. 6, 2005; Dec. 23, 2004; May 4, 2004; POL Dec. 28, 2004) says he’ll appeal. (Steve Horrell, “No award in med-mal case”, Edwardsville Intelligencer, Jan. 31; Leah Thorsen, “Doctor sued over cancer death defends his prognosis of mole”, St. Louis Post-Dispatch, Jan. 30; Steve Gonzalez, “Collinsville physician cleared in Madison County med mal trial”, Madison County Record, Jan. 31).
Client intake dressed up as consumer info, cont’d
While on the subject of consumer information websites that funnel readers to lawyers, reader R.F. nominated 4mychild.com, a website about cerebral palsy whose site is bannered “Organizations for Special Needs Children”. Scroll down to the bottom of the opening page to find the attorney-advertising disclaimer.
Common Cause, Colorado, and unintended consequences
“Voters last November approved Amendment 41, which limited gifts to most government employees and their families to $50. The constitutional amendment was put on the ballot by wealthy entrepreneur Jared Polis and the public-interest group Common Cause.” It soon emerged that the measure might prohibit the award of university scholarships to children of government employees or the award of the Nobel Prize to a government-employed scientist. Highly placed Coloradans have been scurrying about for weeks now trying to figure out what to do. (Lynn Bartels and Alan Gathright, “Pressure to fix ethics law”, Rocky Mountain News, Feb. 6; Lynn Bartels, “GOP’s May says Polis ‘threatening’ in Amendment 41 talk”, Rocky Mountain News, Feb. 9; Chris Frates and Jeri Clausing, “Fix it yourself, backers of 41 told”, Denver Post, Jan. 31; Mark Hillman (former Colo. state treasurer), “Ethics amendment creates an ethical dilemma”, Independence Institute, Jan. 25; text of Amendment 41 (PDF); Peter Blake (columnist), Rocky Mountain News, Nov. 15, Dec. 20, Jan. 3, and Jan. 20).
A “fixture” in Gotham courthouses
Michael Melnitzky, whose wife filed for divorce in 1994, “has sued virtually everyone involved: one of his former lawyers, his wife’s lawyer, three banks, five judges and a psychiatrist appointed by the court to evaluate his mental health. In unrelated cases, he has sued a neighbor, a thrift shop, the city and his former employer. And he has almost always lost.” “I used to be an art restorer,“ says Melnitzky, a pro se litigant. “Now I’m a litigator. If you’re going to attack me or assault me on a legal front, and I don’t hit back, I would feel dishonorable with myself.” (Ray Rivera, “The Marriage Lasted 10 Years. The Lawsuits? 13 Years, and Counting”, New York Times, Feb. 19; Above the Law, Feb. 20).
Lerach Coughlin partner faces D.C. ethics charges
G. Paul Howes, who’s handled Lerach’s high-profile litigation over losses arising from the Enron collapse, faces serious ethics charges over actions he took during his earlier career as a federal prosecutor. “On Feb. 1, the D.C. Bar Counsel filed eight charges against Howes after a four-year investigation, accusing him of violating bar ethics rules by committing criminal acts, making false statements in court, offering prohibited payments to witnesses, and interfering with the administration of justice.” Ethics proceedings against federal prosecutors are rare; disbarment is among the possible sanctions that could be asked. It doesn’t appear Howes is going to win any popularity contests among his former law enforcement colleagues:
Amy Jeffress, deputy chief of the office’s Organized Crime and Narcotics Trafficking Section[,] referred to Howes — though not by name — during a Jan. 31 debate on the power of prosecutors at American University, Washington College of Law.
“He actually left the office and moved all the way across the country to San Diego to escape his shame and his bad reputation,” Jeffress said, according to a recording of the debate. “He basically became a pariah in our office. His name is a synonym around our office for no-no. You don’t want to do what he did.”
(Brendan Smith, “Former Prosecutor Charged With Misconduct in Gang Cases”, Legal Times, Feb. 15).