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ARCHIVE -- FEBRUARY 2003
(II)
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February 20 --
Start that movie on time, or else. Lawyers filed suit
Tuesday "against movie theaters that claim in their ads they'll show movies
at a certain time, but, instead, show on-screen commercials at the advertised
time, delaying the movie's start. Theaters are committing consumer fraud
when they claim in advertising that a movie starts at a certain time but
it really starts a few minutes later because of the ads, said Mark Weinberg,
a Chicago attorney who filed the two suits." But a lawyer in China
(of all places) got there first, as we reported Jan.
10. (Dave Newbart, "Pre-movie ads rip off theatergoers, suits
claim", Chicago Sun-Times, Feb. 19; Eric Krol, "If you don't like
commercials at movies, why not sue?",
Daily Herald (Chicago suburban),
Feb. 19). (DURABLE LINK)
February 20 --
Reforming punitive damages. "The best and most practical
reform is to let the jury vote up or down on punitive damages, then have
judges set the amount," argues Douglas McCollam, Washington correspondent
of the American Lawyer. Since punitive damages partake
of the nature of civil fines, they should also be paid into a public fund,
and plaintiff's lawyers should not be allowed to capture a percentage share
of them; instead they should be "paid for their time and reimbursed for
their costs, with amounts determined at a fee-award hearing." ("Damaging
Justice", Wall Street Journal, Oct. 31, 2002, reprinted at Texans
for Lawsuit Reform). (DURABLE
LINK)
February 19 --
They'll be back for seconds. Syndicated columnist Steve
Chapman of the Chicago Tribune explains why we haven't heard
the last of the lawsuits trying to make food
companies pay for obesity. Quotes our editor ("A fast track for fast-food
lawsuits?", Feb. 13). The New York Times's "Editorial Observer"
is oh-so-impressed with the suits' logic (Adam Cohen, "The McNugget of
Truth in the Fast-Food Lawsuits", Feb.
3). But Rep. Ric Keller (R-Fla.) says he plans to introduce legislation
in the U.S. Congress to cut off obesity suits against food companies; the
AP quotes the Association of Trial Lawyers of America as opposing any such
move (Mike Schneider, "Bill would outlaw lawsuits blaming restaurants for
obesity", AP/Naples Daily News, Jan. 28) (DURABLE
LINK)
February 19 --
"Pass-the-parcel" accounting liability. One company's
newsworthy firing of its CFO may signal that Sarbanes-Oxley is already
having perverse effects on the interactions of accounting firms with their
corporate clients, according to Asymmetrical Information's pseudonymous
"Mindles H. Dreck" (Feb.
17, and comments). Michael Fox at Employers' Lawyer (Feb.
16) also has some thoughts. (DURABLE
LINK)
February 19 --
One solution to the malpractice crunch. "A New York doctor
is commuting 1,220 miles to work to avoid the city's high medical
malpractice insurance rates. Dr David Abraham, an ear-nose-and-throat
specialist from Long Island, leaves his family twice a month to travel
to Minnesota." According to the New York Post, Dr. Abraham had been
paying $70,000 to insure his solo practice and can save up to $40,000 a
year with the new arrangement. ("Doctor travels 1,220 miles to work", Ananova,
Feb.
3).
(DURABLE LINK)
February 18 --
It's all for the clients. MedPundit Sydney Smith (Feb.
3) says next time you hear the trial lawyers' association saying that
litigation is about protecting the public, rather than about making money,
you should keep in mind this
page. (DURABLE LINK)
February 18 --
"Namibian tribe sues Germany for genocide". "A Namibian
tribe that came close to being exterminated by Germany's colonial forces
nearly a century ago is suing the German government and two companies for
£2.6 billion." The forces of Kaiser Wilhelm committed atrocities
against the Herero people in the then-German colony of South-West Africa
between 1904 and 1907, as reprisals against the killing of white settlers.
Rights activists and lawyers plan to sue the German government and German
companies for compensation in -- natürlich! -- American courts.
(Christopher Munnion, Daily Telegraph (U.K.), Jan.
31). (DURABLE LINK)
February 18 --
My lawyer says I'm the valedictorian. Outside Boston:
"The family of a student who could be denied valedictorian honors at Hull
High School, even though she has the best grades,
has sued the school district, arguing the top slot should be hers."
The suit filed by Sharisse Kanet's family "seeks to enjoin Hull from naming
any valedictorian until the matter is resolved." ("Would-Be Valedictorian
Sues to Ensure Top Rank", WHDH Boston, Feb.
16) (DURABLE LINK)
February 17 --
Pet custody as legal practice area. Everything you could
want to know about the rapid rise of who-gets-Fluffy litigation, including
the tale of a San Diego woman's $146,000 (in fees incurred) courtroom battle
to get custody of Gigi, a greyhound-pointer mix: "At trial, the court entertained
a 'day-in-the-life of Gigi' video proffered by the wife's divorce attorney,
which showed Gigi sleeping under the wife's desk while at work, walking
in the park, and playing on the beach." (Quentin Letts, "Fur better
or fur worse", Daily Telegraph (U.K.), Feb.
16; law firm of Blumberg Lorber Nelson LLP, "Who Gets Fido? Pet Custody
in Divorce Cases", undated;
PetCustody.com).
(DURABLE
LINK)
February 17 --
Inmate entitled to disability payments. "A Beverly Hills
lawyer doing time for sinking his yacht to collect the insurance money
won a judgment against two insurance companies that canceled his monthly
disability payments because they suspected him of committing fraud. ...
The companies stopped paying [Rex K.] DeGeorge his $8,200-a-month disability
payments in 1999, saying he faked his ailments and continued to work as
a lawyer. DeGeorge filed the claims in 1990, saying he was disabled because
of a heart condition and brain damage caused by an auto accident. ... The
jury also found DeGeorge remains disabled, forcing Equitable to continue
paying him $4,700 a month for the rest of his life. ... DeGeorge was sentenced
last year to 7 1/2 years in federal prison for sinking his 76-foot yacht
off the Italian coast to collect on his $3.5 million insurance policy,
which prosecutors said was inflated through a series of phony sales transactions.
He is appealing his conviction." ("California Inmate Wins Disability Case",
AP/ABC News, Feb.
15) (DURABLE LINK)
February 14-16 -- Tried
to outrun Coast Guard in chase. Last month a Cuban
smuggling boat tried to outrun a pursuit by the U.S. Coast Guard and instead
capsized; the 34 persons aboard were rescued and most were repatriated
to Cuba. Now a lawyer for relatives of the Cubans is suggesting that
the Coast Guard may have been overly aggressive in pursuit of the boat
and thus responsible for its
capsizing. A spokesman for the Coast Guard begs to differ:
the boat "was grossly overloaded ... and being captained by criminals with
a ruthless intent.'' (Elaine DeValle, "Video on Cubans' boat that
capsized sought by lawyer", Miami
Herald, Jan.
28). (DURABLE LINK)
February 14-16 --
Take care of myself? That's the doc's job. "Physicians,
lawyers, insurers, juries -- all absorb criticism for the rising cost of
medical premiums, a surge that has provoked the cry for tort reform. Meanwhile,
patients remain generally blind to their own culpability in the crisis."
The story of how one Ohio man's bad habits contributed to his demise, and
how his widow then prevailed in a $4.7 million suit against the physician
who treated him for prostate cancer but did not push him to seek a cardiologist's
help as well. Quotes our editor (Martin Kuz, "Cash Diet", Cleveland
Scene,
Feb.
12) (see Sept. 18-19, 2002). (DURABLE
LINK)
February 14-16 --
Politico's law associate suspended over "runner" use.
"Louisiana's highest court has suspended a former law associate of a since-disbarred
and imprisoned state senate president for her role in the use of 'runners'
to solicit personal injury clients for the senator's law firm." An
official with the state bar says he has seen a sharp increase in offenses
involving the use of "runners", who drum up injury cases. ("Louisiana Cracks
Down on Client Solicitation", National Law Journal,
Feb.
13). "At the former O'Keefe law firm, more than $1 million was
paid annually to 'runners' who hustled car accident cases. One runner,
caught on hidden camera, explains how the scheme worked. 'Say look,
you ain't say you hurt, if you say no, ain't nothing there for you, understand
what I'm saying? Because you can't collect nothing if you ain't hurt, you
understand? If anyone say they ain't hurt ain't gonna make no more money,'
he said. [Attorney Stephen] Bernstein ran the day-to-day business for attorney
Michael O'Keefe, who bankrolled the entire operation and fronted the money
to pay the runners, [reporter Richard] Angelico said. O'Keefe is
serving 19 and-a-half years in federal prison on other charges. Although
O'Keefe never performed any legal work, one lawyer who worked at the firm
said that 60 percent of all legal fees flowed into O'Keefe's pocket." ("Feds
Charge 'Canal Street Cartel' Lawyer, The New Orleans Channel, Oct.
16, 2000). "O'Keefe served in the state Senate from 1960-84,
the last 12 years as president." He was convicted for his role in a scheme
that skimmed millions of dollars from an ailing medical malpractice insurer.
(Joe Gyan Jr., "Ex-legislator O'Keefe appeals conviction, argues witness
lied", Baton Rouge Advocate,
Aug. 21, 2002) (see Sept.
13, 1999,
July 31, 2001). (DURABLE
LINK)
February 13 --
"Florida Jury Awards $100M for Pool Accident". A case
summarized by one of our readers thusly: "And the money goes to: the parents
who left a 2 year old alone by the pool."
The plaintiff's attorneys, in mock trials, "were careful about the composition
of the jury. They were cautious of young, new parents who might be
too critical of the father's inattention". (Dee McAree, National
Law Journal, Feb.
10). (DURABLE LINK)
February 13 --
ABA endorses asbestos litigation reform. What next --
a blue moon, a month of Sundays, the freezing over of Hell? The nation's
largest lawyers' group, the American Bar Association, can no longer be
counted among consistent opponents of limits on litigation now that it's
voted to back restrictions on asbestos
suits; it may also endorse measures to require that nationwide class actions
be heard in federal rather than state court. Read, and rub your eyes:
"ABA leaders argued that lawyers should accept blame for a crisis in courts
overwhelmed with 600,000 asbestos claims, as well as the bankruptcies of
dozens of companies that were sued. 'This is not tort reform, it's scandal
reform,' said Terrence Lavin, a Chicago plaintiffs' attorney," whom this
site hereby nominates our Man of the Week. "'I have watched helplessly
as some, but not all, members of the asbestos bar have made a mockery of
our civil justice system and inflicted financial ruin on corporate America.'"
(Gina Holland, "Lawyer group wants to restrict asbestos suits ", AP/Chicago
Sun-Times,
Feb.
12). And over at the Volokh Conspiracy, Juan Non-Volokh catches out
National Public Radio in a very funny bit of reportorial inconsistency
-- at the least -- relating to asbestos litigation and this nation's Public
Enemy #1. (Feb.
12). (DURABLE LINK)
February 13 --
"Illegal art". An exhibit of artwork that could land its
owners or creators in court, mostly consisting of parodies or adaptations
vulnerable to attack by intellectual
property owners. (via Jesse Walker, Reason "Hit and Run", Dec.
9). (DURABLE LINK)
February 12 --
Feinstein set to back Bush malpractice plan. California
Democratic Senator Dianne Feinstein, often at odds with the Bush administration,
has emerged as an unexpected ally of the President on the issue of medical
malpractice and plans to introduce a federal bill mirroring the provisions
of MICRA, the California law. "Feinstein said she agreed with much
of Bush's speech. 'There is no question about malpractice,' she said. 'Before
1975, California had one of the highest malpractice insurance rates in
the country.' In 1975, the state enacted the Medical Injury Compensation
Reform Act that capped pain-and-suffering judgments at $250,000. ... Cases
filed in California are also subject to caps on legal fees. The percentage
of jury awards allowed for attorney fees decreases as the settlement increases,
with lawyers collecting only 15 percent of any award of $600,000 or more.
According to the California Medical Association, the state law has kept
physician insurance rates considerably lower than in most other states."
(David Whitney, "Bush likes California medical suit law", Sacramento Bee,
Jan.
17; Feinstein press release, Jan.
16). (DURABLE LINK)
February 12 --
Most overrated American judge ever? Aaron Haspel at God
of the Machine levels pretty much that charge against Oliver Wendell Holmes,
Jr. (Feb.
9). "Robert Musil" comments.
(DURABLE
LINK)
February 12 --
"Grieve for Fido, but don't litigate". A bill pending
in the Colorado legislature "would allow dog and cat owners to sue animal
abusers and veterinarians and seek damage awards for 'loss of companionship'
of up to $100,000. ... [W]hatever the emotional distress of losing
a dog or cat, we don't think the courts should treat it the same way it
treats injury to or death of, say, a child, a best friend, or a nonmarital
partner. ... would spur the statewide growth of the 'pet lawyer' industry,
and we would soon see its ads in newspapers everywhere: 'Have you lost
a pet lately?'" (Rocky Mountain News (editorial), Feb.
11) (DURABLE LINK)
February 11 --
By reader acclaim: "Sisters Suing Southwest Over 'Racist Rhyme'".
"A judge has set a trial date in a discrimination lawsuit filed against
Southwest Airlines by two black passengers who were upset when a flight
attendant recited a version of a rhyme with a racist history. ... [F]light
attendant Jennifer Cundiff, trying to get passengers to sit down, said
over the intercom, 'Eenie, meenie, minie, moe; pick a seat, we gotta go.'"
(AP/Fox News, Feb.
10; Robert A. Cronkleton, "Rhyme at center of lawsuit against Southwest
Airlines", Kansas City Star, Feb.
10). (DURABLE LINK)
February 11 --
Welcome The Lawyer (U.K.) readers. Great
Britain's leading legal periodical, The Lawyer, in its Jan. 20 issue
(not online, alas) accords generous coverage to "the rather wonderful US
website overlawyered.com, which chronicles the excesses of litigation culture
on the other side of the Atlantic" as well as our editor's new book The
Rule of Lawyers ("picking up rave reviews ...delivers a withering
attack on lawyer greed ... a full-blooded attack on the massive class action
culture that pervades US society").
"The most popular section of the vast overlawyered.com site is the 'Whatever
happened to personal responsibility' section. A few headlines offer
a flavour of the kind of stories posted there: 'Patient
sues hospital for letting him out on the night he killed'; 'Rough
divorce predisposed him to hire hitman'; and 'Pitcher
hit by line drive sues maker of baseball bat'. Before we get
too smug, though, there is an increasing contribution from the UK, such
as 'Stop clowning around, clowns told',
which came from The Times last year. It tells the sorry tale of UK clowns
terrified that unappreciative patrons would sue them over injuries from
thrown pies and water-squirting. Does it worry Olson that overlawyered.com
is read as a comic site as opposed to a platform for his more earnest law
reforming? Not at all. "I try to make sure it's humorous. Otherwise, frankly,
you'd just cry," he says."
In other recent publicity, TechCentralStation columnist Duane Freese
reviews
The Rule of Lawyers together with Catherine Crier's The
Case Against Lawyers, emphasizing our proposal that the litigation
business be required to submit to more disclosure and transparency ("Legal
Tyrannies", Feb.
6). And in the New York Post, William Tucker flays Attorney
General Eliot Spitzer for the way Spitzer has gone to court to defend the
exorbitant fees being collected by tobacco lawyers representing New York
state ("Spitzer vs. N.Y.", Feb. 4). (DURABLE
LINK)
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