The Boston Herald editorializes (Sept. 13) on the “zapped Amtrak trespasser” case discussed here earlier and suggests that loser-pays would help.
Archive for 2008
Howard Hughes “Mormon Will” case, thirty years later
Thirty years after a jury ruled against his claims to be the inheritor of a fractional share of the reclusive tycoon’s wealth, Melvin Dummar still hasn’t given up. In a 19-page opinion, the Tenth Circuit has now upheld the dismissal of his latest lawsuit. (Pamela Manson, “10th Circuit Court of Appeals rules against Melvin Dummar and the ‘Mormon Will'”, Salt Lake Tribune, Sept. 13)(via Know Your Courts, Tenth Circuit/Colorado gadfly site).
Update: Pennsylvania politician Vincent Fumo
Longtime readers may recall (Oct. 24-25, 2001) what we described as the “unusually bare-knuckled” tactics, “even by Philadelphia standards”, of the Philly political machine when a business-oriented advocacy group called Pennsylvania Law Watch organized with a plan to issue ratings of judges statewide. We quoted the Philadelphia Daily News at the time:
“State Sen. Vincent Fumo prompted some controversy last month when he told the Philadelphia Chamber of Commerce that anyone who helped [Republican judge/candidate Michael] Eakin by donating to Pennsylvania Law Watch ’should expect to be arrested,’ according to a witness at the chamber meeting, who also said Fumo mentioned Richard Sprague as a member of a team of attorneys ready for action.”
Although no one was literally arrested, three local Democratic politicians proceeded to file a suit against Pennsylvania Law Watch seeking “a freeze on Law Watch’s assets, the right to go through its books, an injunction against its activities, and more.” Almost before the episode got any national attention, the case settled, “with Law Watch agreeing with Pennsylvania Democrats that ‘it would not attempt to influence the statewide judicial elections through advertising, ‘push polling’ or any other kind of communication with the public'”.
Now, six years later, and with no direct relation to the above, longtime powerbroker and State Sen. Fumo is going to trial in federal court “on charges he used $3.5 million in what he called ‘OPM’ _ other people’s money _ to keep his political machine well-oiled and fund a high life that included three vacation homes and heated sidewalks outside his mansion. Jury selection is expected to last a week, and the trial three months.” [AP/Wilkes-Barre Times-Leader, AP/York Daily Record, Philadelphia Daily News, Pittsburgh Tribune-Review].
Med-mal: feeding the bears at Yellowstone
We settled two lawsuits this quarter. In neither had there been medical negligence. It’s pretty galling to settle cases like these, but it’s smart. The deck is stacked against us, and you have to make the good decisions, even when it is bitter. …
The problem is that the newspapers are replete with cases where there is a huge jury award in cases where there was no malpractice. This is what induces us, and lord knows how many other medical groups, to settle cases which were well-handled. When there is no correlation between whether negligence occurred and whether you win or lose, the only viable strategy is to pick your fights very very carefully.
“Cost of Discovery a Driving Force in Settling Cases, Study Shows”
“There’s no incentive to pursue low-merits cases because opponents won’t settle them.” Wrong:
On one thing plaintiffs lawyers and defense counsel can agree: The cost of litigation, particularly discovery, has become the driving force in settling cases, not the merits, according to results of a survey of groups representing both sides. The joint survey, from the American College of Trial Lawyers and the Institute for the Advancement of the American Legal System, found that 83 percent of the nearly 1,500 lawyers responding found costs, not the merits of a case, the deciding factor in settling.
The unfairness cuts both ways: some low-merit cases become worth filing because of their discovery imposition value, while some high-merit cases are made uneconomic to file because of the discovery burden they bring (Pamela A. MacLean, National Law Journal, Sept. 10).
Broken pencil sharpener
Stand back! Get the principal on the line! Call the cops! The kid’s got a broken pencil sharpener! (Hilton Head, S.C. Island Packet, Sept. 11) (more, principal’s letter, police report in PDF — via Never Yet Melted).
Claim: Paralympics doesn’t get enough USOC support
According to litigant/athlete Tony Iniguez, it’s a violation of federal anti-discrimination law for the U.S. Olympic Committee not to provide fuller support for regular Olympic sports than it does for the Paralympics, a separate competition for disabled athletes. A federal district court and appeals court have disagreed so far with his urgings. (Alan Schwarz, “Paralympic Athletes Add Equality to Their Goals”, New York Times, Sept. 5).
Brian Schweitzer speech to AAJ
The Montana governor now claims he was just making up all those stories about using underhanded tactics to make sure his candidate won the U.S. Senate race, but his audience at the trial lawyers’ convention seemed to lap it up at the time. (Kirk Johnson, “Montana Officials Chastise Governor Over Boasts in Speech to Lawyers’ Group”, New York Times, Sept. 12; Rusty Shackleford, MT Pundit, Sept. 8; Robert Struckman, “Gov. Schweitzer’s Tampering Comments Spark Controversy”, New West Network, Sept. 10; Charles S. Johnson, “Schweitzer catches heat over July speech”, Helena Independent Record, Sept. 11; Jennifer McKee, “Bit of truth found in Gov. Schweitzer’s joke”, Missoulian, Sept. 12; speech).
U.K.: “Jury decides that threat of global warming justifies breaking the law”
“The threat of global warming is so great that campaigners were justified in causing more than £35,000 worth of damage to a coal-fired power station, a jury decided yesterday. In a verdict that will have shocked ministers and energy companies the jury at Maidstone Crown Court cleared six Greenpeace activists of criminal damage.” (Michael McCarthy, Independent (U.K.), Sept. 11).
Fall speaking: Chapel Hill Nov. 12 (and more?)
I haven’t been doing much traveling to speak over the past few years because of responsibilities close to home, but I’m planning a trip to the University of North Carolina on Wed., Nov. 12 to speak to the law school’s Federalist Society chapter. I might be able to combine it with another event the day before or after, presumably at some town or campus with direct flights to/from Raleigh/Durham. If you’re interested in hosting, let me know at editor – at – [this domain name] – dot – com.