Just another part of Mr. Scrushy’s criminal defense strategy? See also Feb. 22. (AP, “Writer Says Ex-Chief of HealthSouth Paid for Positive Coverage”, Jan. 19) (via the increasingly indispensable Lattman).
Don’t
Don’t kidnap your client in an attempt to collect your legal fees from him, or recoup the bond money you advanced. Especially not if you’re going to be taking him away from his wedding celebration. It’s just plain wrong, so don’t do it, okay? (“Lawyer Allegedly Kidnaps Client Over Fees”, AP/ABC News, Jan. 13)(Waco, Texas).
Speaking dangerously, online
“Lawsuits are occupational hazards for anti-cult blogger Rick Ross. Sued a half-dozen times during the past decade for his public pronouncements, especially on the Internet, he’s managed to win all but one case, with the help of pro bono counsel.” (Charles Toutant, “Suits Against Anti-Cult Blogger Provide Test for Online Speech”, New Jersey Law Journal, Jan. 10). In other news, a federal judge has thrown out the RICO and defamation lawsuit filed by the controversial healing-spiritualist Gentle Wind Project against former members of the group (see Aug. 30, 2004)(“Group’s Lawsuit Against Ex-Members Thrown Out”, WMTW, Jan. 9; “Court Rejects Online RICO Claims Based on Ex-Group Members’ Web Site”, Berkman Center, Jan. 11). Gentle Wind also happens to have sued Ross, unsuccessfully, according to the New Jersey Law Journal article.
“Patent troll”
…made the American Dialect Society’s list of “Words of the Year 2005” (PDF) (Jan. 6). For more on patent trolls, see our tech/IP page. Also: Patent Baristas, Jan. 4, and Peter Zura’s 271 Patent Blog, Dec. 29 (both via Blawg Review #40 at Small Business Trends).
Pain management — at the doc’s own risk
“Doctors want to provide relief, but they also want to keep people safe and stay out of trouble themselves — since doctors have been sued for undertreating pain and jailed for overtreating it.” (Lois M. Collins and Elaine Jarvik, “Doctors walk narrow line in treating pain”, Deseret Morning News/Casper Star Tribune, Jan. 5). Commenters at Kevin Pho’s (Jan. 6) get specific about some of the legal headaches that an emergency room doctor may face when a chronic pain patient shows up claiming to need immediate relief: calling other local practitioners to check on whether the patient is known for “drug-seeking activity” is now a violation of the federal HIPAA health-privacy law, while giving a day or two’s worth of medication to tide them over risks litigation from family members accusing the doctor of enabling their relative’s narcotic habit.
Chili finger duo sentenced
Fickle finger of fate, cont’d: dissatisfied Wendy’s customer Anna Ayala drew a nine-year sentence while Jaime Plascencia, her boyfriend and the procurer of the severed digit, drew twelve years. “The two pleaded guilty in September to conspiracy to file a false insurance claim and attempted grand theft with damages exceeding $2.5 million.” (“Chili Finger Couple Get Stiff Sentences”, AP/NBC San Diego, Jan. 18). Our previous coverage: Apr. 8, Apr. 9, Apr. 13, Apr. 20, Apr. 22, Apr. 27, May 16, Sept. 10.
$80M Missouri “sudden acceleration” verdict reversed
Elderly driver Constance Peters sped in reverse out of her driveway in her Oldsmobile Cutlass and severely injured herself. Plaintiffs’ attorneys blamed General Motors, alleging sudden acceleration (Apr. 19, 2004, Jun. 6, 2000) through a defective cruise control (that magically ceased running the engine when the driver was knocked unconscious). More sophisticated plaintiffs’ attorneys have long since recognized that defective cruise control theories are so much nonsense (there is no reason for a “defect” to be six times more likely to affect elderly drivers) and try to sue for failure to warn of pedal misapplication or failure to recall and install shift-interlock safety protection in older cars, but some cases proceed on the older theory; this one resulted in an $80 million verdict. The plaintiffs went too far, however, and shoveled into evidence 139 cases of previous “sudden acceleration” that they attempted to use to show that the cruise control was defectively accelerating out of control—even though the cars in those incidents did not have cruise control! The Missouri Court of Appeals reversed and granted a new trial, though plaintiffs will get to present their bogus case again. (Randall Peters v. General Motors Corp. (Mo. App. W.D. Jan. 17, 2006); Tresa Baldas, “Acceleration Case Draws $80M Jury Verdict”, National law Journal, Jan. 7, 2003).
We’re here from the government…
…and we’re not happy about your choice of cooking oil — gee, thanks a million, Mayor Bloomberg. Andrew Stuttaford explains (NRO “The Corner”, Jan. 15).
“2005’s Top Ten Jury Verdicts”
The new WSJ Law Blog summarizes (Jan. 16) Lawyers Weekly’s annual compilation of cases. As Lawyers Weekly tells it, the top verdicts this year were both somewhat lower and more closely linked to actual damages (i.e., less crazy) than last year’s. Among the ten: the Miami bus shelter electrocution discussed by Ted Jul. 10 (and linked to by the WSJ); Coleman v. Morgan Stanley, discussed in this space May 18 and Nov. 17; the $253 million verdict in Ernst v. Merck; the $105 million verdict against beer servers at New Jersey’s Giants Stadium (Jan. 21 and Feb. 2); and Hall-Edwards v. Ford Motor, involving an Explorer rollover.
Another interesting case on the list: Baker v. PrivatAir, in which a pilot forced out of his California job at age 63 won $64 million for age discrimination, wrongful termination, emotional distress and defamation. Some other employees with whom the pilot had had conflicts had joined forces to get him fired; one of the steps they took against him was to get him written up on safety charges, which the employer then did not adequately investigate.
“Media reform” and campaign finance law
They operate as a pincer movement, contends Brian Anderson in City Journal, and they’re both aimed at choking off certain unwelcome (if popular) points of view in public discussion. (“The Plot to Shush Rush and O’Reilly”, Winter).