Expect some controversy over hints that the Alaska Governor may have expressed sympathy with the argued right of criminal juries to decide on matters of law as well as fact, perhaps in the process acquitting some violators of unjust laws. Despite its extensive pedigree in Anglo-American legal history, that position has become highly unpopular with most authorities in bench and bar, even as it remains popular with many Americans at the grass roots. (Eugene Volokh, Sept. 3). Some blog background on the subject: Randy Barnett, Dan Markel, Anne Reed, Eric Muller, Tim Lynch.
Archive for September, 2008
Palin: about that “Fire my abusive trooper in-law” furor
Perhaps a candidate for the “Damned if you do, damned if you don’t” files? From Gov. Sarah Palin’s ethics disclosure form to the Attorney General of Alaska concerning allegations that she improperly sought the removal of Alaska state trooper Mike Wooten, an estranged brother-in-law who’d made threats against her family:
It was a matter of public importance that some Alaska State Troopers seemed to feel themselves above the law. Beyond the governor’s own personal experience, the state was sued for troopers’ violations of constitutional rights, occasionally losing jury trials that would cost the taxpayers substantial money. And, of course, such abuses of power by troopers are exactly the kind of corruption that the governor has long opposed. On occasion, Governor Palin would let Monegan know that she felt this was a problem within the Department of Public Safety; Monegan has told the press that at least once the Governor included mention of Wooten as a prime example of someone who was a problem within the department. Monegan himself told the Washington Post about an e-mail Governor Palin sent him after he informed the governor about one such jury trial loss.
(courtesy Anchorage Daily News, PDF — see p. 9, paragraph 45)(background: WaPo, CNN). More: Beldar.
Police macing victim: sorry I sued for $5 million
Championship bodybuilder Doug Burns, who sued the government of Redwood City, Calif. over an incident in which police scuffled with him not realizing that his erratic behavior was the result of insulin shock, defended his decision to file a suit but agreed that the dollar amount assigned was over the top. “The lawyers jacked up the amount, because they always expect to settle for less. ‘Something like this shouldn’t have a $5 million dollar price tag on it. I should have had a better look at the amount. It’s my fault,’ Doug told [blogger Amy Tenderich]”. (Diabetes Mine, Jun. 22).
“Family of bus-slaying victim sues suspect, Greyhound, authorities”
Canada: “The family of Tim McLean is suing Greyhound, the RCMP and the man suspected of committing the gruesome killing of the 22-year-old man aboard a bus in rural Manitoba in July.” (CBC, Sept. 2).
“Woman Wins $1.5M Award in STD Transmission Case”
The plaintiff in the Muscatine County, Iowa case said her former boyfriend had assured her he was free of sexually transmitted disease even though he should have had reason to know this wasn’t the case. She was later “diagnosed with both strains of the human papillomavirus (HPV), one of which causes genital warts and the other cell abnormalities that can lead to cervical cancer.” [OnPoint News] Marc Randazza at Legal Satyricon says the jury’s $1.5 million award “seems like a fair decision” (Aug. 15). Reader Scott M. isn’t so sure, writing in email, “One has to wonder how the other hundreds of millions of Americans manage to get by without compensation, since according to WebMD ‘HPV virus is common and infects at least 50% of all people who have sex at some time in their lives.'” (more).
September 3 roundup
- Eeeeeeuw: House of Meats employees show reporter “they have all ten of their fingers” after customer reports human digit in her dish of oxtails [BayNews 9 Tampa]
- Press keeps digging into Joe Biden ties to asbestos bar [American Lawyer, more links in PoL roundup]
- Black eye for big law site FindLaw with reports that it’s been selling law firms links in editorial material, a practice sure to raise Google wrath [Oilman, Kevin O’Keefe/Real Lawyers Have Blogs, ABA Journal, Search Engine Land, National Post] More: WSJ on FindLaw’s denial; O’Keefe.
- Overlawyered favorite Fred Baron, of Rielle Hunter generosity, much in evidence at Democratic convention [Dallas Morning News, ABC News] Texas trial lawyer Steve Susman is only individual lawyer listed as convention sponsor [AmLaw Daily, scroll]
- As if legislative expansion of the Americans with Disabilities Act weren’t worry enough, 1,000 pages of new DoJ regulations will add billions in costs, as by requiring that 50 percent of miniature golf holes be wheelchair-accessible [Las Vegas Review-Journal via ABA Journal]
- “Bond reduced for two fen-phen attorneys” in Kentucky [Lexington Herald-Leader, more]
- Cozen O’Connor and insurers dealt big setback as Second Circuit’s Judge Jacobs rules they can’t sue Saudi government over 9/11 [Philadelphia Inquirer, more; related on FOIA, Legal Intelligencer; earlier here and here]
- Jury awards $500,000 in malpractice suit against D.C.-based plaintiffs’ firm Cohen Milstein Hausfeld & Toll [Legal Times]
- Australia: “A serial protester who injured a policewoman during the G20 riots wants her conviction overturned so she can still practise as a lawyer.” [Melbourne Herald Sun, Julia Dehm]
Ways of collecting legal fees
They shouldn’t include hiring a felon to put the strong arm on deadbeat clients. Attorney Mark Blevins of Wheeling, W.Va., a Republican candidate for county prosecutor, denies the charges. [Lawrence Smith, “Wheeling attorney faces suspension for using felon to collect debts”, West Virginia Record, Aug. 22; Joselyn King, “Lawyer faces license suspension”, Wheeling Intelligencer, Aug. 26) (via ABA Journal).
San Francisco’s North Beach, curbed
Many small businesses in the historic and much-visited neighborhood have been hit with ADA complaints, often from the law offices of famed serial ADA filer Thomas Frankovich. (Carol Lloyd, “Surreal estate: ADA accessibility lawsuits causing headaches for small business owners”, San Francisco Chronicle, Jun. 13). “I’ve seen the ADA racket threaten businesses in other towns, and they ended up closing. The owner [of a small chocolate shop that has now laid off three workers] has never gotten a formal complaint from a wheelchair-bound person, except for this suit.” (“SF_Anna”, “North Beach Block Threatened by ADA Suits”, MetBlogs, Aug. 20).
Bid to stop suicide fails, San Francisco will pay
“The family of a 26-year-old man who died two years ago after an off-duty firefighter tried to rescue him from the edge of a roof will receive a financial settlement from The City, after claiming the firefighter was at fault.” Fire Lt. Victor Wyrsch tried to grab the suicidal Nick Torrico from the roof, but Torrico tore himself loose and fell to his death, and now the city’s taxpayers will pay Torrico’s family based on their contention that Wyrsch should have held back. (Beth Winegarner, “San Francisco pays up for failed rescue”, San Francisco Examiner, Aug. 26).
Guestblogger thanks
Many thanks to Daniel Schwartz who has been filling in over the past week. Check out his work at his Connecticut Employment Law Blog.