Archive for 2008

“Ex-Milberg Weiss honcho to head NYC Bar”

Patricia Hynes, who spent 24 years at now-disgraced Milberg Weiss Bershad Hynes & Lerach and more than ten on its executive committee, is now slated to become the next president of the New York City bar association. The favorable assumption is that Hynes, a former prosecutor who became a name partner in the firm, was systematically duped by her former colleagues, as Roger Parloff at Fortune notes:

While being a dupe is not unethical, and certainly not illegal, it’s no badge of honor, either. For idealistic young law students making their career choices, it must have been reassuring if not inspirational to see former Manhattan executive assistant U.S. attorney Pat Hynes’s name so prominently displayed on Milberg’s letterhead. It vouched for the integrity of the whole operation. Whether she knew it or not, part of what she was being paid to do there for 24 years was to lend the firm an aura of integrity that, judging from three top partners’ guilty pleas, it didn’t deserve.

Before assuming the high professional honor of a bar presidency, Parloff wonders, shouldn’t Hynes be more willing to answer questions about her time at Milberg? (cross-posted from Point of Law).

Update: millionaire spankee verdict tossed

On Point News reports that Janet Orlando’s $1.7 million victory (May 2006) has been tossed by an appellate court that noted that it wasn’t sex discrimination when the employer was spanking everyone (along with other questionable motivational techniques as diaper-wearing and pies in the face) and the jury instructions failed to make clear that conduct not aimed on grounds of sex was not sexually discriminatory. The opinion is “unpublished” so it will not be precedential.

January 15 roundup

  • Client’s suit against Houston tort lawyer George Fleming alleges that cost of echocardiograms done on other prospective clients was deducted as expenses from her fen-phen settlement [Texas Lawyer]
  • Preparing to administer bar exam, New York Board of Law Examiners isn’t taking any chances, will require hopefuls to sign liability waivers [ABA Journal]
  • Thanks to Steven Erickson for guestblogging last week, check out his blogging elsewhere [Crime & Consequences, e.g.]
  • “Freedom of speech” regarded as Yankee concept at Canadian tribunal? [Steyn @ NRO Corner; reactions]
  • Court rules Dan Rather suit against CBS can go to discovery [NYMag; earlier here, here]
  • Served seventeen years in prison on conviction for murdering his parents, till doubts on his guilt grew too loud to ignore [Martin Tankleff case]
  • Orin Kerr and commenters discuss Gomez v. Pueblo County, the recent case where inmate sued jail for (among other things) making it too easy for him to escape [Volokh]
  • New at Point of Law: Cleveland’s suit against subprime lending is even worse than Baltimore’s; Massachusetts takes our advice and adopts payee notification; law firm websites often promote medical misinformation; lawyer for skier suing 8-year-old boy wants court to stop family from talking to the press; Ted rounds up developments in Vioxx litigation once and then again; guess where you’ll find a handsome statue of Adam Smith; and much more;
  • Good news for “resourceful cuckolds” as courts let stand $750,000 alienation of affection award to wronged Mississippi husband [The Line Is Here; ABCNews.com]
  • Kimball County, Nebraska cops don’t know whether that $69,040 in cash they seized from a car is going to be traceable to drug traffickers, but plan to keep it in any case [Omaha World-Herald via The Line Is Here]
  • Hunter falls out of tree, and Geoffrey Fieger finds someone for him to sue [seven years ago on Overlawyered]

DC to fire six child-welfare workers in Banita Jacks case

Banita Jacks, a high-school dropout with four children by at least three different men (not including a fourth man she incorrectly accused in a paternity suit), was found living with the corpses of those four children (whom she is accused of murdering) in Southeast Washington DC. The city has responded by announcing that it will fire several workers who, it is said with 20/20 hindsight, failed to adequately respond to warnings that the children were in danger. [WaPo]

And, several months from now, if there is an incident where parents are having their children unjustly taken from them at the drop of a hat, it is because city officials now know that their jobs are more at risk for possibly under-reacting than they ever would be if they over-react.

Update, January 16: A surprising number of commenters are taking the side of the scapegoaters, where one seizes a single particular warning, and says “You should have known”—a frequent tactic of the trial lawyer seeking deep-pocket blame. Richard Wexler has a good summary:

But when a police officer arrives, he finds four children “well and healthy.” Mom claims she’s home-schooling the children. The officer sees the books mom says she is using.

What do you do?

The police officer saw no evidence of abuse or neglect. Yes, mom wouldn’t let him in without a warrant, but in America, that is her right. The school social worker suspects mental illness — but she’s also the one who said the daughter was being held hostage, something apparently contradicted by the police.

If you happen to be psychic, know that the mother is Banita Jacks and know what will be discovered more than eight months later, presumably you drop everything and find a way to get into that home.

But if you are simply a typical D.C. caseworker — juggling many other cases — then you move on to all those situations that, on the surface, look far worse than a home-schooler with “well and healthy” children. …

Because there’s nothing like yelling “Off with their heads!” to fuel a foster-care panic.

Every CFSA worker is now terrified of having the next Banita Jacks on his or her caseload. So agency personnel will rush to tear large numbers of children from their parents. Those children will suffer the trauma of needless separation from everyone loving and familiar, and they’ll be placed at risk of abuse in foster care itself — several studies suggest that one in three children are abused while in foster care. Worst of all, a deeply troubled child-welfare system will be further overwhelmed, making it even more likely that some child in real danger will be overlooked.

Scruggs scandal update: Information in Langston plea

Folo has posted (PDF) the information on which Joseph (Joey) Langston entered a guilty plea. A sample:

5. Between on or about July of 2006 and July of 2007, JOSEPH C. LANGSTON, Steven A. Patterson and the close personal friend of Robert “Bobby” DeLaughter split $3,000,000, representing the savings to Scruggs as a result of rulings in favor of Scruggs by Judge DeLaughter resulting in a settlement of the case.

A couple of points:

* The identity of the unnamed “close personal friend” of Judge DeLaughter was not revealed in the information, but it is widely assumed that that friend is a reasonably prominent former prosecutor in the state and that that figure may be cooperating with the feds. Since Patterson is also reported to be cooperating with the feds, and presumably will be asked to tell what he knows about this episode as well as the original Judge Lackey bribery attempt, that would make three principals in the DeLaughter/Wilson affair prepared to cooperate with prosecutors. The splitting of $3 million from Scruggs would also presumably leave the sort of paper trail that could not easily be disguised as lunch expense reimbursements and the like.

* The alleged quid pro quo that was to be offered to Judge DeLaughter — who has at all times firmly denied improper influence — is not money, but consideration for promotion to the federal bench. Judge DeLaughter was in fact considered for a recommendation to such appointment by the office of Scruggs’s brother-in-law, Sen. Trent Lott, but was not in the event appointed. It can be anticipated that the circumstances of that non-appointment — his brush with appointment, as it were — will come under close scrutiny.

Earlier here.

P.S. YallPolitics has a PDF link of the Patterson plea and David Rossmiller has a lengthy array of documents from PACER.

Police more likely to sleep with than arrest prostitutes

The Venkatesh-Levitt paper on the economics of prostitution in Chicago shows that prostitutes are arrested about one out of every 450 tricks—but are forced to give “freebies” to police for about 3% of their tricks to avoid arrest.

On the one hand, I’m appalled at the utter corruption exhibited by law enforcement here, and wonder to what extent this illegal “perk” acts as a public-choice rationale for law enforcement to oppose legalization and regulation of brothels.

On the other hand, that 3% of labor extorted by the police is a heck of a better rate than the 30% or so tax rate various governments make me pay…

See also: Howley @ Reason; Balko @ Reason.

January 14 roundup

  • Professors debate fourth-amendment implications of Supreme Court’s use of videotape evidence. Orin seems to have the better of it by my eyes, but perhaps that’s just my confirmation bias. [Kerr @ Volokh; Kahan/Hoffman/Braman; Youtube; Concurring Opinions] (And update: rejoinder by Braman @ Concurring Opinions)
  • Repeat after me: medical errors or complications are not always medical malpractice. [Dr. Wes; Medical Progress Today]
  • NC court speaks out for judicial restraint before creating new cause of action. [Beck/Herrmann]
  • California proposes allowing government to remotely set your thermostat [Walter Williams; Cafe Hayek]
  • Old problems not getting any better: “a New York Times article in 1897 (!), which reported that The Committee for Remedial Legislation in Regard to Expert Testimony called for all physician witnesses to be paid by the county.” [PlasticSurgery101]
  • Remember Lionel Tate, the 12-year-old who murdered a 6-year-old, and then provoked outrage when he was sentenced to life at the age of 14? His sentence was reversed, he was given probation, and promptly violated it by committing armed robbery, it seems. Now he wants to blame his lawyer for the resulting 30-year-sentence. [ABA Journal]

Scruggs scandal: Joey Langston charged, cooperating with feds

Now we may have a better idea why prominent Booneville, Miss. lawyer Joseph Langston recently withdrew as counsel for Dickie Scruggs in the widening corruption scandal: per a report by Jerry Mitchell in Sunday’s Jackson Clarion-Ledger, Langston was himself nabbed on corruption charges, has pleaded guilty and is cooperating with federal authorities. According to the article, Langston’s guilty plea arose from his involvement in one of Scruggs’s many fee disputes with fellow lawyers, this one being the Luckey-Wilson asbestos fee matter (in which Scruggs’ adversaries were Alwyn Luckey and William Roberts Wilson Jr.) Langston will apparently testify that he worked with both Dickie Scruggs and son Zach in an attempt to improperly influence Circuit Judge Bobby DeLaughter, who issued rulings favorable to Scruggs in the case. In one memorable detail, the C-L reports that federal authorities have obtained a May 29, 2006, e-mail in which “Zach Scruggs told his father’s attorney in the case, John Jones of Jackson, that ‘you could file briefs on a napkin right now and get it granted.'” Judge DeLaughter has denied any impropriety. (Jerry Mitchell, “Another lawyer pleads guilty”, Jan. 13). Separately, Patsy Brumfield of the Northeast Mississippi Daily Journal, who was first with an unconfirmed report of Langston’s guilty plea, also reports from unnamed sources that federal prosecutors have flipped another of the five indictees in the original scandal, Steven Patterson (partner of informant Tim Balducci), and that documents to be unsealed Monday will clarify other aspects of the status of the case. (“First public clue Patterson has pleaded in Scruggs case”, Jan. 11; “Scruggs updates”, Jan. 12). Discussion: Lotus/folo, Jan. 12, Jan. 13.

The implications are enormous. Among them:

* It looks as if informant Balducci, who formerly practiced law in the Langston law firm, wasn’t kidding when he said he knew where there were “bodies buried“. Information from Balducci likely helped lead the feds to raid the Langston office and seize records documenting the alleged Wilson-Luckey conspiracy.

* Langston is no incidental Scruggs sidekick or henchman; he’s quite a big deal in his own right, with a national reputation in mass tort litigation. He’s been deeply involved in pharmaceutical liability litigation, in tobacco litigation, in litigation against HMOs, and in litigation against non-profit hospitals over alleged violations of their charitable charters, among other areas. Mississippi attorney general Jim Hood, the law enforcement officer who has comically been playing potted plant as one after another of his closest political allies have been getting indicted in recent weeks, has employed Langston as lead counsel for the state in both the controversial Eli Lilly Zyprexa litigation and the even more controversial MCI back-tax-bill litigation. Langston also served Scruggs as go-between in the much-discussed funneling of $50 million in tobacco funds to ex-football player P.L. Blake (to whom now-reportedly-flipped Patterson was also close). If the reports that Langston is now cooperating with the feds are accurate, he will presumably be expected to tell what he knows about other episodes. (Langston has also endeavored to provide intellectual leadership for the plaintiff’s bar, as in this Federalist Society panel discussion presentation (PDF) in which he strongly criticizes the work on federalism and state attorneys general of Ted’s AEI colleague Michael Greve).

* Part of Scruggs’s modus operandi, as we know from tobacco and Katrina (among other) episodes, is to arrange to bring down prosecutions and other public enforcement actions on the heads of his litigation opponents. A particularly brutal instance of this crops up in today’s Clarion-Ledger piece, which reports that Scruggs in 2001 took documents obtained in discovery from Wilson, his fee-dispute opponent, and brought them to Hinds County (Jackson) district attorney Ed Peters hoping to instigate a state tax prosecution of Wilson:

Later, one of Wilson’s lawyers met with Peters, and [Wilson attorney Vicki] Slater said Peters told that lawyer that a “high-ranking public official” asked him to prosecute Wilson.

Peters could not be reached for comment.

Wilson did nothing to warrant criminal prosecution, Slater said. “All of this was to help Scruggs in his lawsuit.”

This is the same Dickie Scruggs of whom the New York Times was less than a year ago running moistly admiring profiles quoting common-man admirers of the Oxford, Miss.: lawyer: “good people. … If he tells you something, it’s gospel.”

P.S. It would certainly be interesting to know who that “high-ranking public official” who helped Scruggs in the tax-prosecution matter was, if there was one.

P.P.S. Corrected Monday a.m.: “Langston’s guilty plea was to an information; he waived indictment” (Folo). This post originally described Langston as pleading to an indictment.

January 13 roundup

Updates:

  • The Canadian Transportation Agency (as part of its regulation of airline ticket prices) has ruled that obese passengers are entitled to have two airline seats for the price of one, which will no doubt encourage further suits against the American practice. (h/t Rohan) One looks forward to the Canadian lawsuits complaining that an obese passenger wasn’t adjudged obese enough to get a free second seat. [Australian; Toronto Star; Gunter @ National Post; earlier on Overlawyered]
  • Also in Canada, Ezra Levant defends his free speech rights against a misnamed Alberta “Human Rights Commission” over his republication of the Danish Muhammed cartoons. [Frum; National Post; Steyn @ Corner; Wise Law Blog; Youtube; related on Overlawyered]
  • Alleged car-keying attorney “Grodner is now under investigation by the state’s Attorney Registration and Disciplinary Commission, sources said. Commission officials declined to comment Thursday.” [Chicago Tribune; Jan. 4]
  • “Life is short—get a divorce” attorney Corri Fetman parlays her tasteless billboard (May 10; May 8) into tasteless Playboy topless-modeling and advice-column gig. In the words of Alfred E. Neuman, “Blech.” On multiple and independent grounds. Surprisingly, Above the Law avoids the snark of noting that the lead paragraph of Fetman’s law firm web site bio includes a prestigious 23-year-old quote from a college professor’s recommendation for law school. [Above the Law; Chicago Sun-Times; Elefant]
  • Wesley Snipes (Jun. 11; Nov. 2006) appears to be going for a Cheek defense in his tax-evasion trial—which is hard to do when you’re a multimillionaire whose well-paid accountants explicitly tell you you’re violating the law. (Remember what I said about magical incantations and taxes?) [Tampa Tribune; Quatloos]
  • Accountant Mark Maughan loses his search-engines-make-me-look-bad lawsuit (Mar. 2004) against Google, which even got Rule 11 sanctions. (That happened in 2006. Sorry for the delay.) More on Google and privacy: Jan. 16. [Searchenginewatch]
  • Bribed Mississippi judges in Paul Minor case (Sep. 8 and much more coverage) report to prison. [AP]

Sears website privacy class action

The retailer quickly modified its managemyhome.com web site after it was pointed out that unauthorized users might get it to cough up records of homeowners’ past purchases. The law firm of KamberEdelson LLC quickly hopped on the case with a class action demanding millions, saying bad guys might use the information on past lawn mower purchases and the like to trick homeowners into divulging more serious financial data, though its complaint cited no instances where anything of the sort had actually happened. (“Sears Accused Of Violating Consumer Fraud Law”, Reuters/New York Times, Jan. 7; BenEdelman.org). Chicago lawyer/blogger David Fish isn’t impressed with the turn to legal action, asking, “Are you legally damaged because your nosy neighbor found out how much your washing machine cost?” (Jan. 10).