Archive for 2007

Nineteenth time’s the charm

Ted’s Monday roundup links to a story below about a bar applicant who was disqualified because he faked a disability to get accommodations on the bar exam; he also cheated. The punch line is, none of it helped; he failed the exams on which he cheated and got unjustified accommodations. And not just those exams:

According to the Committee’s findings, between July 1988 and July 1998, Bedi failed the D.C. bar examination twelve times and failed the Virginia bar examination six times.

I guess he really wanted to be a lawyer.

“You know, doc. It’s just business”

A lawyer comes to the emergency room complaining that he can’t see out of his left eye. The one who examines him is the physician who blogs at Fingers and Tubes in Every Orifice:

“What do you do for a living?” I asked, already knowing the answer.

“I’m an attorney,” he proudly responded. “You’ve probably seen my ads on the highways.”

“Yes, yes. A fair settlement is no accident.” (That billboard slogan is plastered all over Crack City)

“Yeah, I’m a personal injury lawyer. I have no problems telling doctors that. I get better care that way, actually. Makes you guys more careful around me.”

“Yes, I know you very well, Mr. Cochran. You were the plaintiff attorney accusing me of being a baby killer, remember?!”

Pausing briefly to let him absorb the full irony of the situation, I continued, “As to being more careful around you, all that means is that you’ll have a bigger medical bill because of all the unnecessary tests and consultations, but I personally treat everyone the same regardless of the circumstances.”

You’ll want to see what happens in the rest of the story (Fingers and Tubes In Every Orifice, Jan. 2).

“Philly Inquirer sued over three-sentence restaurant review”

That’s Romenesko’s summary of this news item about a lawsuit by Chops Restaurant against food critic Craig LaBan over a review published in the city’s best-known newspaper, which the item rudely refers to as the InqWaster (Dan Gross, “Chops sues LaBan”, Philadelphia Daily News, Feb. 21). More on lawsuits over restaurant reviews: Jan. 3, 2006 (Dallas); Feb. 10, 2007 (Belfast).

February 26 roundup

  • High-school basketball player gets TRO over enforcement of technical foul after pushing referee. [Huntington News; Chad @ WaPo]
  • Madison County court rejects Vioxx litigation tourism. [Point of Law]
  • Faking disability for accommodation disqualifies bar applicant [Frisch]
  • DOJ antitrust enforcement doesn’t seem to be consistent with U.S. trade policy position. [Cafe Hayek]
  • Professor falsely accused of sexual harassment wins defamation lawsuit against former plaintiff, but too late to save his job. [Kirkendall]
  • Watch what you say dept.: Disbarred attorney and ex-felon sues newspaper, letter-to-editor writer, Illinois Civil Justice League. (His brother won the judicial election anyway.) [Madison County Record; Belleville News Democrat; US v. Amiel Cueto]

Thanks for listening…

I want to thank Walter Olson and Ted Frank for honoring me by giving me an opportunity to guest blog here while Ted is away this week.

First, I guess I should introduce myself, for those of you wondering who the heck I am. I’m an attorney licensed in New Jersey, with a practice which focuses on commercial litigation. Aside from myself, I have several relatives who are attorneys, so it should be clear that I have nothing against lawyers. (In fact, despite all the evidence to the contrary here on Overlawyered, I happen to think we perform a useful function.)

My axe to grind is with those (such as the folks over at the website Ted affectionately calls “Bizarro-Overlawyered”) who want to use the courts, not to enforce agreements or to compensate the victims of wrongdoing, but merely as a way to transfer wealth from corporations to trial lawyers, ostensibly on behalf of consumers.

One of my first close encounters with overlawyering was in the early 1990s, when a classmate of mine got drunk, climbed up on a train, and electrocuted himself; coincidentally, this old incident was mentioned on Overlawyered just a few weeks ago. At the time, I was perhaps naively shocked to find out that someone who was so obviously in the wrong could successfully point a finger elsewhere (or in this case, a lot of fingers) and cash in. The case had everything: a grossly irresponsible plaintiff, innocent defendants whose only fault was having deep pockets, and even the failure of immunity laws to prevent abuse of the tort system. Since then, I’ve become less naive, but I’m no less shocked at these types of stories.

Oh, and I used to blog about politics more generally at Jumping to Conclusions, although I haven’t updated that in quite a long while. In any case, I’m happy to be here.

Mississippi judicial bribery retrial

Retrial is getting under way in the high-profile case against prominent Gulf Coast plaintiff’s lawyer Paul Minor and two former judges. Earlier proceedings resulted in the acquittal of Mississippi Supreme Court Justice Oliver Diaz, Jr. of all charges and a mixture of not guilty findings and inability to reach a verdict in the case of other defendants. Our extensive coverage is here.

Stage fright

This supposed lawyer ad, on behalf of “Gene Butterfield” of “Glinder & Glinder”, is surely a spoof. It was posted by something called the Kaspar Hauser comedy podcast. Going before a camera can be frightening (tastelessness warning).

Rights for (some) stranded travelers

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).

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).