Archive for 2008

Microblog 2008-11-14

  • Lawyers and other professionals who blog should read new Kevin LaCroix post “On Blogging” [D&O Diary h/t @SecuritiesD] #
  • Daily H.L. Mencken quotes [courtesy @ahndymac] #
  • Funny, earthy blog by urban emergency room nurse [Crass-Pollination] # @danimari Odd how ERs generate so many of the best medblogs e.g. WhiteCoatRants, ER Stories, Movin’ Meat, SymTym, GruntDoc etc. #
  • Calm down, conservatives, Dems aren’t planning to revive Fairness Doctrine [James Rainey, L.A. Times] # Or are we sure about that? [Ed Morrissey, Patterico]
  • Advice on jury selection: “don’t continue to poke a bee hive with a stick” [Texas Country Trial Lawyer, h/t @HouCrimLaw] #
  • Video humor for font geeks [College Humor, h/t @sekimori] #
  • Do you blog, tweet, send saucy emails or IMs? You may not be well suited for a job in the new admin [Caron, TaxProf] #
  • @rebeccawatson of possible interest regarding litigious diploma mills [this site, Oct. 27, 2003] #
  • Beautiful photos of New York in the 1930s [Flickr h/t @CoolPics] #

Gerry Spence to trial lawyers: “We are the most important people in America”

The Wyoming-based legal gunslinger spoke at the annual conference of the Consumer Attorneys of California, and (U.S. Chamber-backed) Legal NewsLine took down some audience-rousing quotes that went pretty far even by grandiose Spence standards: “We are the most important people in America… I want to ask you which would be more important: If all of the doctors in the country somehow disappeared or all the trial lawyers in America somehow disappeared?” he asked. “We can live without medical care, but we cannot live without justice.” (Chris Rizo, “Spence: Trial lawyers more important than doctors”, Nov. 12).

More from Dan Pero: “Was it just bad timing or some sort of cosmic justice that Mr. Spence made this preposterous claim on Veterans Day?”

Banned for “dirty dancing”, wins $275,000 settlement

North Carolina: “The town of Marshall agreed to pay $275,000 for banning [Rebecca] Willis from a community dance hall on allegations her moves were too risqué.” (Jon Ostendorff, “Woman walks with $275k in dance hall case”, Asheville Citizen-Times, Nov. 14 and Nov. 13; Jonathan Austin, “Lawyer says ‘dirty dancing’ case finally settled”, News-Record and Sentinel, Nov. 13).

November 14 roundup

  • Pajamas TV interviews me on Obama cabinet prospects (RFK Jr., Caroline Kennedy, Schwarzenegger, Gorelick, etc.) (Nov. 13, subscription-only)
  • Federal court in New Orleans hits attorney with five-year practice suspension after “intentionally contemptuous” filing and other misconduct [Times-Picayune, Ashton O’Dwyer]
  • Lawyer sues his straying wife for giving him herpes, but her lawyer says a test proves she doesn’t have the malady in the first place [Above the Law]
  • Doctors (e.g.) being put through hostile depositions are often tempted to talk back sharply to the lawyer. Bad move, says Ronald Miller [Maryland Injury]
  • It’s a shame most of the press remains incurious about that episode a few days ago in which talk of compulsory national service appeared, then vanished from the Obama site [K. Ryan James]
  • Batting cage pitching machine without prompting hits customer in most sensitive part of male anatomy, he collects $1.2 million [The Big Lead]
  • ACLU will defend preacher sent to prison on parole violation charge after writing “God will smite this judge” newspaper article (having earlier been convicted of election misconduct)[AP/FoxNews, western Michigan]
  • On appeal, Long Island attorney beats charges of coaching clients to fake injury and using “steerers” to gain business [NYLJ]

Employment lawyers “busier than ever”

Massive payroll-slashing means more advisory work coping with the many legal pitfalls of layoffs, including the WARN Act, which is giving rise to a mounting docket of litigation; the law requires 60-day advance notice of many planned layoffs of 50 or more employees. The law has an exception for “unforeseeable business circumstances”, but “courts have not historically counted major economic downturns under that exception, attorneys say.” (Of course. What could be more foreseeable than sudden sharp economic downturns? That’s why it’s so easy to make money playing stocks!) Littler Mendelson expects October to be the busiest month in its history, and other management-side firms report big jumps in business as well (cross-posted at Point of Law).

San Francisco zoo tiger mauling victims sue

The long-expected suit was filed in federal rather than state court, and one attorney speculates that the reason was to get more suburbanites on the jury panel, on the theory that they will be less hostile to the plaintiffs than San Francisco residents. Federal theory? Well, “Kulbir Dhaliwal contends his federal civil rights were violated because he was deprived the use of his BMW M3, the car the three took to the zoo.”

The suit also accuses Sam Singer, a well-known crisis management spokesman whose firm was retained by the zoo after the attack, of libel and slander.

The Dhaliwals contend Singer and city officials engaged in a smear campaign to suggest the young men were disreputable and had taunted the tiger before the escape.

“There’s no merit to the lawsuit whatsoever,” Singer said. “More importantly, I’d like to remind people that [plaintiff’s lawyer Mark] Geragos was the one who said his client, Michael Jackson, was a perfectly normal human being and Scott Peterson was an innocent man. I leave it up to the judgment of the public as to how accurate he is on any of his claims.”

Watch out getting into a fight with a crisis management specialist, they have sharp tongues. (John Coté, “Tiger attack victims file suit in federal court”, San Francisco Chronicle, Nov. 13; more Chronicle coverage; earlier).

National Journal: Most accurate political forecasters

I’m not in the business of political forecasts, and I don’t think I’ve ever made National Journalany claims for my skill in that department. Even so, I’m pleased to report that I was among the winners in National Journal’s “prediction poll of top political bloggers” for the 2008 elections. Mine were the most accurate predictions among participating bloggers in the “right” category; the winners for “left” and “center” respectively were Chris Bowers of OpenLeft and Joe Gandelman of The Moderate Voice. Earlier coverage here.