Rosalie Farnsworth made various charges against the publisher of a defunct South Florida magazine; now he says he’s suing her for defamation. [Broward Palm Beach New Times, its earlier report]
John Coale as Palin adviser
Perhaps best known for his involvement in the Bhopal chemical-leak, tobacco, and mayoral gun litigation, the Washington, D.C. plaintiff’s lawyer mostly gave to Democratic causes last year but has emerged as an adviser to the Alaska governor, whom he met through his wife, Greta Van Susteren of Fox News. American Lawyer has more.
Drinking and breastfeeding
A North Dakota woman has pleaded guilty to child neglect and faces a possible five years in prison. But was the baby endangered? [AP/Austin American-Statesman via DRJ/Patterico] More: Deputy Headmistress (citing work of Thomas Hale); Wilfred Laurier University Press.
Fen-phen: were client’s medical records mishandled?
The story is from Kentucky, but it’s different from and evidently unrelated to the much-publicized episode in which three lawyers from that state arranged to divert large sums from the proceeds of a group settlement of fen-phen claims. Patricia Fulkerson of Nelson County sued the lawyer and law firm that had represented her in her fen-phen claim, saying that the lawyer sexually harassed her and that the law firm (quoting Andrew Wolfson in the Louisville Courier-Journal) “exaggerated her heart injuries — and those of other clients — so it could collect higher fees”:
A former paralegal in the firm, Fonda Walters, testified in a deposition that it exaggerated the injuries of a half-dozen clients, and that their initial test results, which had showed little or no heart damage, were altered. …Walters acknowledged she was fired from the firm in connection with a dispute over a bonus she claims she was owed.
The law firm’s defense raised (inter alia) an interesting argument:
Those lawyers also have argued that the alleged altering of Fulkerson’s medical records by the Florida-based firm of Wasserman Riley & Associates also doesn’t amount to negligence because “the claimed goal of the alleged malpractice was to get her more money.”
Apparently the judge rejected that argument, though. In a second Journal-Courier report dated June 22 — the same date as the above item, but presumably subsequent to it — Wolfson reports that Fulkerson’s lawsuit “has been successfully mediated and will be dismissed, lawyers for both sides said.” Speaking to the Broward-Palm Beach (Fla.) New Times, partner Jay Wasserman called the claims of diagnosis-embellishment “absolute nonsense”:
Wasserman also says there were only about six claims filed among the many prospective clients who received the complimentary tests. “If [falsifying results] was going on, why didn’t we have a much bigger number?” Wasserman asks, adding that since the reports were produced by experts and would be part of the case, it wouldn’t be possible to fake them, even if he wanted to.
More: Ronald Miller.
“Legal Bills Swayed Palin, Official Says”
High cost of the ethics wars? Today’s New York Times quotes Alaska’s lieutenant governor on the reasons for the governor’s surprise departure:
At the news conference, Ms. Palin cited numerous reasons for quitting, including more than $500,000 in legal fees that she and her husband, Todd, have incurred because of 15 ethics complaints filed against her during her two and a half years as governor. She said all of the complaints had been dismissed, but she still had to pay lawyers to defend her.
More: Lawrence Wood/Examiner, Anchorage Daily News and earlier.
Further: WSJ Law Blog with letter from Palin lawyer Thomas Van Flein (outlining possible after-the-fact state indemnification of cost of officials’ legal counsel when complaints are found without merit).
July 6 roundup
- U.K.: “Families told doormats are health and safety risk” [Telegraph]
- Montana judge holds onto case for 34 years before finally issuing ruling [Popehat]
- Free speech and the web: panel from American Constitution Society convention [Above the Law]
- “Driver with ‘0’ license plates wrongly issued dozens of tickets” [Chicago Tribune, Obscure Store]
- Florida judge who presided over Anna Nicole Smith custody case accused in civil suit of looting elderly widow’s assets; probe however led to no criminal charges [Miami Herald, Bob Norman/Broward Palm Beach New Times]
- Economist/YouGov poll finds public supportive of limiting medical malpractice payouts [Point of Law]
- Someone writing San Francisco docket reports may have pawkish sense of humor [Lowering the Bar; Arcata, Calif. Eye’s famously droll police blotter, mentioned in this space five years ago]
- Suing over co-worker’s perfume [two years ago on Overlawyered]
WordPress update
If the site is temporarily unavailable, it’s because I’m updating to the latest version of WordPress. Back soon, I hope. Update 11 p.m. Eastern: Looks like it worked, if you see a problem let me know.
Spoke too soon: there was a caching problem which has prevented many readers with IE or Safari browsers from seeing newer posts (details here). I’ve put in what I hope is a fix.
Canadian Indian schools: when reparations don’t repair
Missed from earlier this year: in the fall of 2007, following extensive litigation, the government of Canada began issuing payments to persons of Indian ancestry who had attended an officially promoted network of residential schools where abuse was common and whose aim of assimilating students into broader Canadian life was later assailed as calculated to suppress native culture. While the payments brought benefit to many recipients, among others they seem to have led to new cycles of dysfunction, family strife and substance abuse. [Jack Branswell and Ken Meaney, “Native suicides linked to compensation”, Canwest/National Post, Jan. 26 via Western Standard]
Defending the University of Illinois
Larry Ribstein thinks indignation over political influence on law school admissions would be better directed at the politicians who arm-twist university administrators. Earlier here.
Is overregulation killing entrepreneurship?
TigerHawk wonders.