Over at That Other Website, there’s a link to a Findlaw column by Anthony Sebok, entitled, “Could Virginia Tech Be Held Liable for Cho Seung Hui’s Shootings, If An Investigation Were to Reveal It Had Been Negligent?” The subtitle of the column, which tells you all you need to know, is “The Unfortunate Answer.”

To be fair, Sebok is a law professor, and the question posed is a legitimate academic one: what, if any, legal liability does Virginia Tech face? And also to be fair, Sebok speaks the right words about how Cho bears the primary blame. But at the same time, the article illustrates that the trial lawyers of the sort Overlawyered complains about every day are not revolutionaries; they’re just doing what they’ve been taught in law school. Namely, find a legal theory under which one can blame third parties.

Sebok is careful not to declare the university liable, but at the same time, he doesn’t think there’s anything farfetched about considering that it might be. He doesn’t think there’s anything wrong with trying to assign blame to the school for the acts of a criminal. Ultimately, he’s disappointed because Virginia is “notoriously pro-defendant,” and so even if the victims’ families can blame the state, the “final indignity” is that they could likely “only” win a maximum of $100,000. For the actions of a criminal.

Don’t feel too sorry for the families, though. What Sebok doesn’t address is that even if they can’t get rich from the state taxpayers, trial lawyers will be able to find someone who can pay them. Case in point: Doug Williams. In 2003, Williams shot 14 people (killing six) at his workplace at a Lockheed Martin plant in Mississippi.

The families already sued Lockheed; now the family of one of the victims is expanding the search for deep pockets:

Now the family of one victim alleges that Milwaukee, Wis.-based NEAS Inc. and Meridian-based Psychology Associates failed to address the racism and rage that erupted in one of the nation’s deadliest workplace attacks.

The family of Thomas Willis is suing the companies in federal court “for damages and for acknowledgment that this was a senseless racial murder,” said attorney William Blair.

Why? Well, apparently after Williams expressed some racist, violent views, Lockheed contacted NEAS about him:

Williams was referred to NEAS, then to its affiliate, Psychology Associates, in response to the argument with a black employee, Blair said.

“Lockheed told NEAS about the violent racial threats; NEAS employed Psychology Associates in Meridian to evaluate Williams but only told Psychology Associates that Williams had communication problems,” Blair said. “We contend that both companies failed to reasonably evaluate Doug Williams.”

And they failed to predict that eighteen months later, Williams would go on a shooting spree. So of course they should pay.

Filed under: deep pocket, Mississippi, Virginia Tech