Blissful Knowledge is providing extensive coverage (via Megan McArdle)(see Jun. 26, Jun. 20, etc.).
Bad-mouthing Frodo
Okay, so lawyers constantly serve as press sources for coverage critical of the people they litigate against, but still…. After the New York Times reports on a revenue-splitting dispute between Lord of the Rings director Peter Jackson and New Line Cinema (Ross Johnson, “The Lawsuit of the Rings”, Jun. 27), Jack Shafer wonders: “[S]houldn’t there be a Times policy against giving a partisan source, in this case a defense attorney, the cover of anonymity to call the plaintiff in a case against his client piggish?” (“Lord of the Pigs?”, Slate, Jun. 27).
Wal-Mart job pays millions
Who says you’ll never get rich working at Wal-Mart? A federal magistrate judge has just approved a $2.8 million award for disability-based discrimination on behalf of plaintiff Patrick Brady, who suffers from cerebral palsy. The company’s offense? It “violated federal and state laws by making a prohibited inquiry [relating to his disabilities] before giving Brady an employment offer. The company also subjected Brady to adverse employment conditions by transferring him from the pharmacy to a more physically taxing position pushing carts in the parking lot, according to the verdict.” The magistrate judge complained bitterly about having to reduce the award from the $7.5 million in damages, including $5 million in punitive damages, originally voted by the jury. On the tendency of stringent liability exposure to discourage employers’ hiring of disabled persons (workplace participation of whom actually went down, not up, after the ADA was passed), see, among other sources, Jul. 11, 2000, and this NBER paper. (Michael Bobelian, “Court Reluctantly Trims Wal-Mart Penalty”, New York Law Journal, Jun. 23).
Blogosphere on potential Milberg Weiss indictment
Tom Kirkendall, and Professors Ribstein, Bainbridge, and Henning on the prospect of charges against unindicted alleged co-conspirator Milberg Weiss (Jun. 27).
Grokster repercussions?
Professors Rebecca Tushnet and Eugene Volokh discuss how language in Monday’s Supreme Court Grokster opinion could leak into dramatic ripple effects for other industries and products.
“I practiced defensive medicine today”
Kevin, MD has a continuing series of real-life tales of defensive medicine.
“Malpractice: How to survive a deposition”
The June 3 Medical Economics article (and associated ten sneaky lawyer questions by Berkeley Rice is old news to any litigator who’s defended a witness, but laypeople may be surprised how little the process has to do with truth-seeking. (via Newmark and KevinMD)
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In the New York Times
I’ve got an op-ed in yesterday’s New York Times (in the zoned Long Island weekly edition) on the Shinnecock Indians’ recent lawsuit asserting land claims over much of Southampton, N.Y. Readers of this space will not be surprised to learn that I take a dim view of the claim. (Walter Olson, “This Land Is My Land”, Jun. 26). For more, see my City Journal treatment of the issue, and, on this blog, most recently Jun. 13 and Jun. 19 (& welcome Michelle Malkin readers).
More: it’s reported there’s dissension among tribe members about the action (William L. Hamilton, “Casino Interest in Land Bid Divides Tribe in Hamptons”, New York Times, Jun. 26). And according to the Washington Post, while the lawsuit looms as a serious hassle for some in Southampton, the wealthiest of the wealthy are paying little heed: “The high-net-worth crowd doesn’t really worry about this sort of thing. That’s for the locals,” says Hampton Sheet publisher Joan Jedell. Insecurity of property as a hazard? That’s only for the little people. (Michael Powell, “Old Money and Old Grievances Clash in Haven of the Very Rich”, Jun. 25).
(Bumped 6/27, a.m.)
Milberg Weiss client indicted
Following a three-year federal probe (see Jan. 28-29, 2002), a grand jury in Los Angeles has indicted retired Palm Springs entertainment lawyer Seymour Lazar, 78, on charges that he collected millions in kickbacks from attorneys in exchange for acting as a plaintiff in dozens of class-action lawsuits. Milberg Weiss, the law firm that represented Lazar, was not named in the indictment; it said it was “outraged” at the “baseless” implications that its lawyers had acted improperly. Mr. Lazar’s lawyer, Thomas H. Bienert, described his client as a “crusader for consumer advocacy”. (John M. Broder, “Ex-Lawyer Is Indicted on Kickbacks in Lawsuits”, New York Times, Jun. 25; Reuters/L.A. Times; Washington Post; Law.com/The Recorder; W$J).