I was a guest this morning on John Gambling’s popular NYC morning show to discuss Free Speech Week, which Tim Lynch is covering all this week at the Cato blog (more). Items tagged “free speech” at Overlawyered are here. More: And now the podcast is up (6:18).
Archive for 2013
“UC Davis pepper-spray officer awarded $38,000”
“A former UC Davis police officer whose pepper-spraying of protesters gained worldwide notice thanks to a viral video has been awarded more than $38,000 in workers’ compensation from the university for suffering he experienced after the incident.” [Joe Garofoli, San Francisco Chronicle]
More from Lowering the Bar:
Here are some additional facts that are remarkable.
- Pike was on paid leave during the university’s investigation, which for some reason took eight months.
- The investigation found not only that Pike didn’t need to use the spray, but that he used a spray not sanctioned by the department and he used it from an unsafe distance. Seems serious and willful to me.
- Pike was being paid — please be seated — at least $119,000 per year (another report says $121,680) plus benefits, to be a campus policeman in Davis, California.
- Though Pike was fired, he will still get his pension.
- The students he sprayed sued UC Davis for civil-rights violations. The university settled with them for $1 million (plus an apology). Under the settlement, the plaintiffs will each receive, at most, $30,000.
Yes, the man who assaulted the plaintiffs will be getting $8,000 more than any plaintiff will get, as a result of his claim that he was acting within the course of his employment by assaulting them and became emotionally disabled as a result of being accused of assaulting them; he is also allowed to keep a pension that is likely based to some degree on the $119,000 per year the state was paying him to be the kind of officer who pepper-sprays non-violent protesters in the face.
Liability and torts roundup
- Struggling with a new-design gas can? There’s a reason for that [Scott Reeder, earlier on Blitz bankruptcy]
- NYT video retrospective on Stella Liebeck-McDonald’s (hot coffee spill) case is getting a lot of attention;
- Warren Buffett’s Berkshire Hathaway has made itself the biggest name in asbestos defense, and some trial lawyers hope to make hay with that [Scripps/WPTV]
- California trial lawyers chief: yes, we’re going to partner up more with elected officials as in lead paint case [Chamber-backed Legal NewsLine]
- It’s differences in procedure, more than in substantive law, that mostly explain why the U.S. has hundreds of times as many product liability suits as Japan [J. Mark Ramseyer via Point of Law]
- “Injured by big government? Call: 717-671-1901 [promotion for Commonwealth Foundation, a Pennsylvania free-market-oriented outfit]
- How litigation finance might remake the lawsuit landscape [Nora Freeman Engstrom via TortsProf]
Great moments in school safety
Sending fake gunmen into schools as an exercise? Have authorities lost their mind? [Jennifer Abel, Anorak via Brian Doherty]
Update: liability for publishing articles that undermine lawsuits
“A federal appeals court has shot down a Massachusetts consumer protection case against two doctors, a medical journal and its publisher over an allegedly flawed article cited by defendants in birth-injury medical malpractice cases. That means plaintiffs’ attorneys will have to challenge the article’s validity in each case in which the defense wishes to cite it.” The First Circuit did not reach the issue of constitutional free speech, but upheld a lower court’s ruling that the plaintiff had not shown adequately that expert testimony reliance on the allegedly faulty article had resulted in the loss of the litigation in question. [Sheri Qualters, NLJ] Earlier on A.G. v. Elsevier here.
Caribbean reparations, payable by the U.K.?
An “international legal fantasy,” as one observer puts it. [New York Times; earlier on Haiti and France; more on reparations]
Ethics roundup
- Eliciting false testimony among sins: “Ninth Circuit finds ‘textbook prosecutorial misconduct'” [Legal Ethics Forum]
- Syracuse: jurors say insurance company lawyer observing trial got uncomfortably close [Above the Law]
- South Carolina: “Prosecuting attorney is accused of dismissing charges in exchange for sexual favors” [ABA Journal]
- Judge, handing down six-year sentence, calls defense lawyer’s briefing of witness a “playbook on how to lie without getting caught” [Providence Journal]
- Kentucky high court reinstates $42 M verdict against lawyers for fleecing fen-phen clients [Point of Law] Accused of bilking clients, prominent S.C. lawyer surrenders license, pleads to mail fraud [ABA Journal]
- Former Kansas attorney general accused of multiple professional violations: “Phill Kline is indefinitely suspended from practicing law” [Kansas City Star]
- “Nonrefundable ‘Minimum Fee’ Is Unethical When Fired Lawyer Will Not Refund Any of It” [BNA]
“‘No, you’re still deceased,’ judge tells dead man”
Donald Eugene Miller, Jr., formerly of Arcadia, Ohio, is having trouble trying to convince the law that he really is alive. [Lowering the Bar]
NYT on law reviews
Stephanie Mencimer on “Hot Coffee” and the Jamie Leigh Jones case
Having been at times lacking in enthusiasm for the work of journalist Stephanie Mencimer, it’s only fair we credit her again with considerable courage for returning to the failed Jamie Leigh Jones case in a new article in Washington Monthly. (Jones alleged a brutal rape in Iraq for which her lawyers said employer Halliburton/Kellogg Brown & Root (KBR) should have been held responsible; the case served as a springboard for numerous misleading attacks on pre-dispute arbitration). Following the evidence wherever it leads against the likely inclinations of many Washington Monthly readers, Mencimer leaves Jones’ credibility in tatters and the various liberal and trial-lawyer sources that ballyhooed her case — including Sen. Al Franken (D-Minn.) and TV talker Rachel Maddow — looking highly gullible, to go with the kindest interpretation.
Most damning of all, as readers of posts in this space (especially those by Ted Frank) will recall, Jones was given center stage in Susan Saladoff’s film “Hot Coffee,” which periodically airs on HBO and on college campuses and has established itself as one of the litigation industry’s most durable and successful propaganda vehicles. All future discussion of “Hot Coffee” — and certainly any cable/broadcast airings or public screenings whose sponsors care about accuracy and fairness — will need to warn audiences that the Jones case can now be seen in retrospect as almost unrecognizably different from the picture of it presented in that trial-lawyer-produced “documentary.” If this is what becomes of one of Saladoff’s central cases, how reliable ought we to consider the rest of her film?