Melbourne Mills acquitted; jury deadlocked

Melbourne Mills’s defense that he was too drunk to know what was going on when he and two other attorneys stole tens of millions of dollars appears to have created reasonable doubt in the mind of a Kentucky jury.  Mills may have been helped by the revelation that his two co-counsel tried to hide $50 million from him, too, permitting his attorney to more plausibly blame the scheme on others.   Or the jury may have believed the argument of Mills’s attorney that the three attorneys were too stupid to understand the settlement agreement and didn’t intend to steal any money (though they transferred a lot of money from their personal account to their clients when they learned the bar was investigating, and lied to the bar about how much money their clients received).  (Jim Hannah, “One cleared in diet drug case”, Cincinnati Enquirer, Jul. 2; Beth Musgrave, “Fen-phen lawyer Mills is found not guilty”, Lexington Herald-Leader, Jul. 2; Beth Musgrave, “Jury hears closing arguments in fen-phen trial”, Lexington Herald-Leader, Jun. 24; AP/Kentucky Post, Jun. 23).  The jury, today in its seventh day of deliberations, claims a deadlock on the other two attorneys, no doubt confused by why Judge Jay Bamberger and co-counsel and Democratic bigwig Stanley Chesley have not also been indicted. Defendants Cunningham and Gallion have sought to blame the tens of millions they stole on the fact that Bamberger (who was indirectly paid millions) judicially approved the settlement and Chesley (who was directly paid tens of millions) was allegedly the architect of the settlement that ensured lawyers would get far more than their contracts with their clients provided. Since there is no dispute that those two were indeed intimately involved in the scheme, the jury isn’t the only one confused why the Kentucky fen-phen three are being treated differently than the judge, the judge’s former law partner, and Stan Chesley, who all profited mightily.

Read On…

“Please Disregard That ‘We’re Not Blaming the Park’ Thing”

(Post bumped with 12:20 AM update adding coverage of state Labor Department’s suggestion for new warnings.)

Roller-coaster enthusiast and torts professor Bill Childs is stealing our thunder in his coverage of the recent Georgia Batman roller coaster decapitation of Asia LeeShawn Ferguson IV, so there’s no point in rewriting his excellent post instead of quoting it:

Read On…

Moe the chimpanzee escapes; St. James Davis v. West Covina update

The search is on for Moe, who opened his cage and left his home at Jungle Exotics, not the first time he’s escaped his surroundings. Moe is perhaps the most litigious chimpanzee in history, thanks to the efforts of Gloria Allred, who put the city of West Covina through years of litigation when they dared to suggest that a chimp who had mauled a policeman (who incurred $250,000 in medical bills) and bit off a woman’s fingertip was not appropriately kept within a residential area in city limits. Moe’s former owner, St. James Davis, was himself brutally attacked by a couple of chimpanzees that apparently didn’t have a lawyer handy and were shot in the aftermath of the incident without so much as a habeas corpus petition filed. (Davis “lost his nose, an eye, most of his fingers, both testicles and much of the flesh from his buttocks and face and left foot.” His wife just lost a thumb in the attack.)

Read On…

Rolando Montez’s fatal phone call: JCW Electronics, Inc. v. Garza

On November 14, 1999, high-school dropout Rolando Domingo Montez, celebrating his 19th birthday, was arrested for public intoxication and trespass after the owner of the boat on which he and his friends were sitting complained. Police placed him in Cell No. 1 of the Port Isabel City Jail. The next morning, Montez was permitted to make some collect calls from his jail cell to seek bail money from his mother, Pearl Iris Garza. Mom, complaining that Montez was in jail again, refused. But she generously came to pick up Montez on the 16th when he was released on his own recognizance. Unfortunately, while Garza was waiting in the lobby, and while police were responding to a call for assistance regarding a suspicious vehicle, Montez hung himself with the 19-inch phone cord from the phone he had used to make the calls.

Read On…

Slips while dancing on bar, complaint cites lack of handrail

Complainant Rory Beer — yes, her real name, though she used to be known as Rory Roberts — was dancing on the bar at Bar Chicago, a Division Street nightspot, when she fell off, with what her suit says are permanent injuries to her foot and ankle. “The lawsuit claims that Bar Chicago encourages patrons to dance on the bar, but doesn’t warn people of slippery surfaces or provide handrails, ‘cushioned flooring’ or ‘safety nets.'” (Mark J. Konkol, “Dancer slips, now she wants bar to pay”, Chicago Sun-Times, Jul. 1; Chicagoist). We covered another bar-wasn’t-safe-for-her-to-dance-on suit, also from Illinois, last year.

Breaking: Rhode Island lead paint decision overturned

So AP reports. More details as they become available.

9:43: AP/Boston Globe reports a dramatic rejection of public-nuisance theory, holding the case should’ve been dismissed years ago. Good news that. The Rhode Island Supreme Court decision was unanimous.

5:00: Here is the opinion itself. James Beck has the most comprehensive analysis of the opinion so far; Walter gives thorough background at Point of Law as well as a roundup of other links. The defendants and NAM have released statements; Motley Rice claims they were doing it for the children, which doesn’t explain their self-serving settlement with DuPont or why they asked for a highly inefficient remediation remedy that would have maximized their attorneys’ fees.

Also: Jonathan Turley (who I just learned has a year-old blog with over a thousand posts), who, to his credit, has opposed such lawsuits; OpenMarket; Jane Genova; Publius. Attorney General Patrick Lynch is unhappy about the legal setback to his campaign contributors constituents.

Existing abatement efforts already required of landlords under Rhode Island law mean that lead paint exposure is at an all-time low in the state–evidence that was excluded at trial.

And more: ShopFloor; NFIB.

Overlawyered’s ninth anniversary

Without our loyal audience we wouldn’t have made it through nine years — and wide acclaim as the oldest legal blog, as well as one of the most popular. In yesterday’s thread, reader Greg Dwyer says he has “read every single post on this site” (I’m impressed) while reader M.T. Glass discovered this blog (a word that didn’t exist then, if memory serves) when it was less than two months old.

Partly in consequence of our popular WordPress redesign we’ve also been setting new traffic records, regularly surpassing 9,000 and often hitting 10,000 unique daily visitors. Thanks for your support! (& welcome Above the Law, National Arbitration Forum, Law Crossing, Point of Law readers).

Losing patience with Jonathan Lee Riches

The federal judges in the Northern District of Georgia decided to place curbs on the famously litigious inmate who’s filed more than 1,000 lawsuits nationwide naming celebrities and politicians as members of hallucinatory cabals against him. In March the judges enjoined him from filing more suits without permission in the district, which he can do only if he agrees to be prosecuted for false statements. (Miami Daily Business Review, Jun. 12, also with some discussion of Jack Thompson and of a few other Florida litigants who’ve had their acts shut down after filing (e.g.) 18, 20 and 60+ meritless or inappropriate actions.)

The order in the Northern District of Georgia has not prevented Riches from continuing to file lawsuits against celebrities and public figures elsewhere, as in the federal District of South Carolina. (Rachel Barron, “Vinod Khosla Slapped With $43M Lawsuit”, Greentech Media, Jun. 20).