- Reversing course, Rhode Island attorney general drops rape charge based on 32-year-old “repressed memory”, thus disappointing some advocates [Volokh; Jul. 10]
- Massachusetts disciplinary panel files misconduct charges against Judge Ernest Murphy over the “bring me a check and keep quiet” surrender-Dorothy letter he sent to Boston Herald publisher during his (successful) libel suit [Ambrogi; Dec. 23, 2005, May 11, 2007, etc.]
- California jury rejects tippling speeder’s lawsuit against landowner, automaker, town, etc. in the case we headlined “Shouldn’t Have Put Its Berm Where He Wanted To Skid” [Dec. 24, 2005; Douglas Domel v. DaimlerChrysler Corp., City of Santa Clarita, and Does 1 to 50, inclusive (PC030045Y), L.A. Superior Court, L.A. Daily Journal, no free link]
- Nominal damages only against German teens accused of scaring ostrich into impotence [UPI/ScienceDaily; Mar. 6]
- Dubious bill authorizing lawsuits against OPEC may be headed to President’s desk [W$J/CattleNetwork; Jun. 8]
- Jury convicts press baron Conrad Black on four counts, acquits on nine [Telegraph; Kirkendall, Bainbridge, Ribstein; Mar. 19, Jun. 5]
- Michigan Supreme Court reinstates reprimand against Geoffrey Fieger over abusive language [NLJ; Jul. 3, Aug. 2, 2006, etc.]
Archive for July, 2007
Guestblogging thanks
Our thanks to Ron Coleman who enlivened the site this week. His posts have stirred considerable comment around the blogosphere, especially the one on Rachel Corrie’s family’s suit against Caterpillar, discussed by (among others) Prof. Bainbridge, Jonathan Zasloff, Megan McArdle, and Zasloff again.
And stay tuned as another guestblogger is on deck to join us in the coming week.
The $2 litigation
Husain v. Springer (2d Cir. 2007): A silly dispute over a university student election results in federal litigation, and a 44-page decision over a suit where the only remedy sought is $2 plus attorneys’ fees; the district court threw it out, but the Second Circuit, in a 2-1 decision, restores part of the case for further litigation. Neither Chief Judge Jacobs nor Professor Bainbridge is impressed, nor is Eugene Volokh, though he takes issue with the tone of the separate opinion, as Judge Jacobs states that he did not read the majority opinion as a waste of time. The concluding paragraph of the Jacobs opinion:
This prolonged litigation has already cost the school a lot of money that could better have been spent to enrich course offerings or expand student day-care. If this case ends with a verdict for plaintiffs (anything is possible with a jury), the district court will have the opportunity to consider whether the exercise merits an award of attorneys’ fees in excess of one-third of two dollars.
The majority opinion itself takes the strange position that a university’s cancelling of student elections in response to a student newspaper’s violation of election rules by using student-activity funds to endorse specific candidates “chills speech” and thus violates the first amendment.
Deus ex curium
So on the eve of the Sabbath (for me), I end my week of guest-blogging offering conceptually loftier reporting of loftier, if heretical, overlawyering of a Central European kind (hat tip to a blog called Religion Clause).
Now, we all remember this popular number from law school — United States ex rel. Gerald Mayo v. Satan and his Staff (“Mayo“), the guy who unsuccessfully sued The Prince of Lies (instead of hiring one) in federal court. Now a court in Timisoara, Western Romania, has dismissed a lawsuit purportedly against God Himself by Mircea Pavel, 40, who is serving 20 years in prison for murder. He has some issues, only not justiciable ones, it seems. The English is Interfax’s, and their regular English-speaking guy seems to be in the Catskills this weekend, so let’s work our way through this together, with Defendant’s help:
Failing to [receive an] answer [to] his prayers, the prisoner sued the [sic] God for “fraud, betrayal of trust, corruption and influence peddling.”
Pavel brought charges against “the defendant God, who lives in the heavens and is represented in Romania by the Orthodox Church,” the Evenimentul Zilei daily reported.
According to the act [lawsuit?], during the baptismal service he “drew a conclusion with [entered into a stipulation with?] the defense” to rescue him from any disaster.
“But the contract’s terms were offended [breached], despite of [sic] my payment in different forms and numerous compellations by way of prayers,” Pavel said in his lawsuit.
Eventually the court dismissed the case, ruling that “God is not subject to law and does not have an address.”
No address?! Now that is heretical; He is, as we know, found everywhere. Well, these folks just recently got rid of Communism, so we can be charitable on the theological training.
But the subject matter jurisdiction point is well taken. There may be other problems with the alleged contract, including most of the grounds for dismissal relied on in Mayo. Also: Pavel’s capacity to enter into a contract (Orthodox baptism is done in infancy); the statute of frauds (or its Soviet-era Romanian equivalent) on several counts; and, of course, in a suit against God, there must always be recourse to the defenses in equity — the plaintiff, the murderer Pavel, comes to court with some very unclean hands.
Give Pavel credit, though, and not just for going after the deep pockets. He believes God had a role in his misfortune, even if, perhaps, he has failed to name an indispensible necessary party — namely Mircea Pavel.
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Building from the bottom up
Reuters reports on a nuvo-media catfight — and just look who the cat drags in:
Google Inc. took a swipe at media conglomerate Viacom Inc., which is suing the Internet search leader and its video sharing site YouTube for $1 billion over “massive copyright infringement.”
Google Chief Executive Eric Schmidt, speaking with reporters at a hotel bar at the 25th annual Allen & Co. moguls meeting, said litigation was the foundation of the company that owns the MTV Networks, Paramount movies studio, and video game developer Harmonix.
“Viacom is a company built from lawsuits, look at their history,” Schmidt said on early Friday.
He makes that sound like a bad thing!
First let’s kill all the law schools
Laurie Lin reports on one way to cut down on lawsuits, being mooted in Wisconsin — close down the University of Wisconsin’s law school.
It is to laugh, no? And yet, considering that it is a publicly-funded institution, the “need” for more legal education, in a situation of glut, is a reasonable factor for the legislature that does the funding to consider, isn’t it?
Loser’s night
“Ladies’ night” at the local tavern — sometimes it’s every night; sometimes it’s during certain hours — the idea is, the more females in the establishment, the better the “atmosphere” for the guys who pay for all the drinks anyway. So there’s no cover charge for women, or free drinks, or whatever. (Okay, so some of us don’t know so much about how bars work.) The point is it’s an economic calculation that no one really complains about because, after all, the guys like a nice “atmosphere.” Of course, lots of us have wondered if it’s really legal that girl elbow-benders don’t pay and boys do, but no one really thought it was something anyone was going to kvetch a court about.
Until now:
New York attorney Roy Den Hollander, a solo practitioner for more than 15 years who deals primarily with civil litigation and corporate governance, has filed a class action against certain Manhattan nightclubs for “invidious discrimination” against men in their policies for admitting patrons….
“Whether this case succeeds or fails,” says Hollander, “it will result in a much needed victory for men.”
Mm, and how would that be, exactly? Seems from here that the exact opposite is probably the case — if it fails, well, how is that a victory except in the sense that nothing happening to you, and living another day so you can drink another Sam Adams is a victory? And if the case succeeds, probably fewer women will go to bars.
Unless, perhaps, you’re like Roy Den Hollander, and prefer drinking alone, or otherwise without having to wait for the distaff-side customers to be served sooner. Or cheaper. Or less burdensomely. Maybe Roy Den Hollander just doesn’t appreciate “atmosphere.”
Not that there’s anything wrong with that.
Lawyer parent “turns on legal heat” after being asked to leave Little League game
The signs at the New Tampa Little League field are clear: Please practice good sportsmanship at all times.
League officials say one parent has missed the message, and they’ve asked him to leave the park more than once.
But that parent also happens to be a lawyer for one of the largest law firms in Florida. Now he’s alleging that the New Tampa Little League defamed his character in front of parents, friends and clients, and he has hinted strongly at legal action.
Fred Grady, 47, a construction lawyer for Holland & Knight in Tampa, sent league president Monica Wooden a letter on Holland & Knight stationery. The letter, dated June 11, says the league officers’ actions and accusations damaged him. Pursuant to state law, the letter gives Wooden 30 days to send him a copy of the league’s insurance policies and coverage.
That letter capped off a series of e-mail exchanges between Grady and Wooden in which Grady repeatedly asked for a letter of apology from Linda Harrell, a league director who ordered him off the field on April 28. Grady wanted the letter sent to all parents, players and coaches on his son’s team, and he wanted it in time for the end-of-the-season party so he could read it aloud, Wooden said.
“I’m all about principle,” Wooden said. “But I’m not going to patronize some guy who needs something for his self-gratification.”
When Grady didn’t get the letter, he sent Wooden the e-mails.
“If NTLL decides or has decided the Director acted outside of her scope of authority then so be it but that issue will NOT be determined by me, but rather by a judge or jury if this matter proceeds,” said one e-mail bearing Grady’s name.
Another read: “If the NTLL is not prepared to resolve the matter along these lines then I will have no other choice but to take legal action against NTLL and Ms. Harrell individually.”
Grady requested the name of the league’s lawyer: “I assume NTLL does not have LOCAL counsel? Perhaps NTLL should consider retaining a local attorney.”
The firm says the use of letterhead was appropriate because the firm had been engaged. (Dong-Phuong Nguyen, “Makings of a major-league fuss”, St. Petersburg Times, Jul. 7 (via Kirkendall)). Recent litigious parents: May 21; May 3; April 2006; Dec. 2005; Sep. 2005; Jun. 2005; Feb. 2005; Mar. 2004.
The indefatigable Judge Roy Pearson
…has requested reconsideration of the decision against him, and has filed a delusional brief in support. Rest assured his damages claims are more reasonable than before: he is now seeking only $35 million in damages.
The Chamber of Commerce fundraiser for the Chungs’ defense fund to pay $83,000 in attorneys’ fees defending against this suit is July 24.
“N.J. senator proposes toy gun ban”
Water pistols would be included if they looked realistic, and, according to a critic of the bill, parents might be breaking the law, which carries prison penalties, just for giving their offspring one of the forbidden playthings as a gift. Several states have already enacted similar bans. (7Online/WABC, Jul. 11).