In the short story “Dracula’s Lawyer”, Dracula sues a city for refusing to hire him as a computer programmer because he can only work nights. (h/t to one of my favorite judges, Danny Boggs, whose original email was forwarded)
Los Angeles: Where Even the Prosecutors Are in Show Biz
In the sort of cases covered by this site, public relations overshadow substance all too often. For a glimpse of how even public servants — in this case the prosecutors of the Los Angeles City Attorney’s Office — are keeping a constant eye on the P.R. possibilities of their cases, consider this report from former Los Angeles Times reporter-turned-blogger, Kevin Roderick (LA Observed, "Rocky’s office defines what makes news," Dec. 22):
A recent email reminded all the lawyers in City Attorney Rocky Delgadillo’s criminal branch never to talk to reporters without clearance — and how they should recognize a newsworthy legal case. Public safety? Important public issue at stake? Nah, this is L.A.
Number one is any case involving a celebrity — ‘no matter how minor’ — followed closely by a politician. Death, mutilation, child molestation or animal cruelty are also sure bets.
Terrorism shows up as the tenth item on the list, slightly behind cases representing a "major personal accomplishment for the prosecutor" and not far ahead of cases involving "a truly weird fact pattern."
Roderick reproduces the entire long e-mail — repetitiously entitled "Improving Communications with the Communications Department" — which prescribes an elaborate protocol for keeping "’primary points of contact"’ within the Communications Department" [formerly the "Press Office"] informed as cases proceed, and concludes with a reminder that it pays to plan ahead, even before bringing charges:
[I]f you have a case that is very likely to attract media attention, such
as a celebrity justice case, you may want to obtain guidance from the
Communications Department in advance of the filing, arraignment, trial,
etc. regarding how to deal with expected press inquiries.
What a wonderful phrase: "Celebrity justice." Welcome to L.A.
Nintendo Wii wrist strap class action
Nintendo has already begun shipping a stronger strap and has offered free replacements to those who bought the hit game with the original strap, but that didn’t save it from a would-be class action suit filed by the law firm of Green Welling LLP, claiming to represent all buyers of the device. (Marcus Yam, “Lawsuit Filed Against Nintendo For Defective Wrist Straps”, DailyTech, Dec. 20; Consumerist, Dec. 20; Eric Bangeman, “Nintendo sued over Wiimote straps”, ArsTechnica, Dec. 19). ArsTechnica previously published a three-part series on class actions and problems with their workings, with an emphasis on tech cases (Nate Anderson, “A look at class-action lawsuits”, May 2).
“Blaming cars in California”
Steve Chapman on attorney general Lockyer’s suit against automakers for facilitating carbon emissions:
So serious is the harm from this conduct that Lockyer wants automakers to … keep doing it. The usual remedy for a public nuisance–say, someone in a residential neighborhood holding raucous parties every night till dawn, or letting vicious dogs run loose–is to stop it. But the state doesn’t propose that they quit selling their products to Californians or switch to zero-emission cars. Instead, it asks the manufacturers to turn over large sums of money while continuing to commit their terrible wrongs.
That should be a clue to something Lockyer passes over: While cars may have drawbacks, they also have benefits, and most people would not be willing to give up those benefits or pay a lot more to enjoy them. That combination of virtues and vices makes autos well-suited to regulations reflecting a democratic consensus, and a poor candidate for control by the courts.
Read the whole thing (Chicago Tribune, Dec. 21).
Teri Smith Tyler v. Carter, pro se
Reader Victor Serby writes, regarding the recent discussion here of baseless pro se suits: “This is the pro se suit that I think takes the cake. It is an oldie, but a goodie. The cite is: 151 F.R.D. 537 (SDNY 1993)”.
Oh, Snap! The Cold Claws of Justice Close on Fraudulent Work Comp Claimant
Via Insurance Journal (Dec. 21), the story of William Fennelly, now sentenced to seven months in jail for perjury committed in support of a fraudulent workers’ compensation claim.
Fennelly claimed to have been totally incapacitated by an on the job back injury, and was collecting benefits from Maine Employers Mutual Insurance Company [MEMIC]. At the same time that he maintained he was unable to work, Fennelly was busily toiling away and collecting wages from several employers as a lobsterman.
As investigators trawled deeper, the truth got murkier. Not only was Fennelly commercial fishing while collecting workers’ compensation, he was also employed at the Town of Lamoine Transfer Station and earned wages as a sternman aboard another boat — none of which he report to MEMIC, which he was obligated to do by Maine law.
* * *
Under oath, he repeatedly denied working. When confronted with Trenton Bridge Lobster Pound records, he said he didn’t make ‘one penny’ and declared he only drove the boat to train an apprentice. He then testified there was no way to prove earnings because he did not have a bank account due to back child support that he owed.
When a subpoena turned up two bank accounts, one with deposited checks from the lobster pound, a new story of fronting the apprentice with workers’ comp money for bait unfolded. But Fennelly had no answer as to why he deposited a Trenton Bridge check, a MEMIC check and a Town of Lamoine check all on the same day. And evidence to confirm the apprenticeship story never materialized.
Note that Fennelly was witholding support payments at the same time he lied to the insurer. An all around upstanding citizen and now a guest of the State, tangled in the net of his own deceptions.
“Martha Stewart’s Legal Troubles”
That’s the title of a newly published book edited by lawprof Joan Heminway, featured in this podcast from Glenn and Helen Reynolds. I haven’t had a chance to see the book itself, but I do like its cover art.
“So, Probably I’ll Sue Her, Because It Would Be Fun”
In many if not most cases, lawsuits that are held up to scorn on this site are filed by people who, in their heart of hearts and however misguidedly, believe in the justice of their cause. Those people can and should be criticized when their cause is misguided, or when it camouflages some other agenda, or when their only real impact is the introduction of unjustified costs, frictions, and obstacles in to the path of valuable and legitimate economic or creative activity (not to mention the unjustified enrichment of a small class of my fellow attorneys).
Worse than these, though, in many ways, are wealthy and/or powerful egotists who use the legal system on a whim, as their personal payback mechanism or as a means of venting their pettiest grievances. At the risk of fatally lowering the tone of Overlawyered and of prematurely ending my tenure as a guestblogger, I note the latest example, a tiff between two deeply unpleasant but inescapable self-anointed celebrities: Rosie O’Donnell and Donald Trump (MSNBC, "Trump to Rosie O’Donnell: You’re sued!", Dec. 21).
Earlier this afternoon Trump announced he is filing suit against the TV talk show host. ‘She says things that come to her mouth, she’s not smart, she’s crude, she’s ignorant and to be honest I look forward to suing Rosie,’ he told our cameras. ‘I’m gonna sue her and I look forward to it. She’s really very dangerous for the show.’
Trump declined to elaborate on the details of his proposed legal filings, but added O’Donnell will understand his reasoning. ‘Rosie will find out what we’re suing her for. She knows what we’re suing her for,’ he said adding the lawsuit is already in the works. ‘It’s something I look very forward to,’ he added.
If ever there was a case for "loser pays," this is it. Trouble is, with relentlessly meaningless suits like this one gumming up the works, we’re all the losers.
Of Related Interest: The scurrilous Los Angeles gossip site, Defamer, has the Trump video from which I have drawn the post title (Dec. 20). Not that I would recommend watching it, of course.
Send your friends a lawsuit-safe season’s greetings
Courtesy of Michigan Lawsuit-Abuse Watch. And may they recommend their book of wacky warnings, Remove Child Before Folding?