Specter’s pick

The American Spectator’s unsigned “Prowler” slams Sen. Arlen Specter for selecting as general counsel for the Senate Judiciary Committee Carolyn Short Torsella, whom it describes without more as a “trial lawyer” and implies might prove unacceptably liberal to the GOP majority. (“Specter?s Trial Lawyer Appointee”, Jan. 26). It does not add — but probably should have — that Ms. Short’s renown with the firm of Reed Smith is on the defense side, where she has helped employers fight off discrimination suits. A profile of Ms. Short in Forbes three years ago (Joanne Gordon, “Get Shorty”, Dec. 24, 2001; same article reprinted at Reed Smith site) provides zero support for the depiction of Ms. Short as wild-eyed liberal: “The vast majority of discrimination cases are hogwash,” is the first thing it quotes her as saying.

“Why Hasn’t Tivo Improved?”

“Lawsuits are killing innovation. It’s a common story in the world of technology. Any time a company produces a disruptive technology that does something cool, they have to have a legal department that is bigger than their engineering unit to survive, and that sucks for business, sucks for customers, and sucks for the technology industry. I work around lawyers all day and I wish this was a bigger issue with the public.

“Anything that helps customers enjoy TV, movies, or music is a target for lawsuits.” (Matt Haughey, PVRBlog, Jan. 21).

Judicial selection discussion

Is justice better served if state court judges are selected by appointment, as opposed to popular election? Does it make a difference in “runaway verdict” cases? What about the propriety of judges’ raising campaign warchests from lawyers and interest groups with cases before their courts? An excellent discussion of this issue has been in progress at Point of Law between Alex Tabarrok, George Mason University economist and blogger at Marginal Revolution, and David Rottman of the National Center for State Courts. The discussion has now wrapped up and can be read in its entirety at this permalink.

“How to Evict an Ex”

“Be prepared for a lengthy process” in the District of Columbia if the quondam paramour doesn’t want to leave, no matter that it’s your house. “It’s really complicated,” says one lawyer. (Sara Gebhardt, Washington Post, Jan. 22). For cases of roommate-entrenchment from Florida and Maryland, see Feb. 19 and Aug. 26, 2004.

Fee in Visa/MC class action: $220 million

Poor dears dept.: “A federal appeals court in New York has upheld the largest antitrust class action settlement in history, along with an award of $220 million to the lawyers who brought the $3 billion case against Visa and MasterCard. … The class-action attorneys argued that the $220 million in legal fees allowed by the trial court was inadequate and the legal team should have been awarded more than $600 million, but the appeals court disagreed.” (see Aug. 22, 2003, Mar. 17, 2004). (Josh Gerstein, “Court Upholds ‘Only’ $220 Million For Lawyers in Visa, MasterCard Suit”, New York Sun, Jan. 18). More on the case: Jan. 29.

Annals of creative lawyering

Carlisle, Pa.: “A pregnant Newville-area woman charged with murdering her 3-year-old son is asking to be freed from jail because her imprisonment constitutes ‘cruel and unusual punishment’ for her unborn child.” William C. Costopoulos, described as a local defense attorney and constitutional law expert, is quoted in the article commending defense attorney Karl Rominger for “creative lawyering” for raising the argument, but a district attorney says it has “no basis in law”. (Matt Miller, “Woman says jail ‘cruel,’ for fetus”, Harrisburg Patriot-News, Jan. 19).

At times they even talk alike

New York’s Eliot Spitzer and Connecticut’s Richard Blumenthal, both subjects of longstanding coverage in this space, go back quite a way together and share a similar approach toward the duties of the state attorney general. A new story from AP’s Hartford bureau is kind enough to quote me saying some not-very-acerbic things about them. (Jan. 23: Stephen Singer, “Friendship another tie between two like-minded attorneys general”, Newsday, and Stamford Advocate).

Update: New York pro bono

More on that proposal (see Dec. 15) to let New York attorneys take pro bono credit for more activities along the lines of “improv[ing] the legal system”, which some think should mean, e.g., lobbying in Albany against liability reform: critics are saying the idea is shaping up as a public relations disaster for the state bar, and threatens to divert resources from the goal of helping poor persons with their legal problems (Thomas Adcock, “N.Y. State Bar Draws Fire With Proposal to Change Pro Bono Definition”, Jan. 18); and David Giacalone blasts the idea (Jan. 19). See Monica Finch, “Working group seeks input on expanded definition of pro bono”, NYSBA State Bar News, Nov./Dec.

Update: Miss. high court tosses $150M asbestos award

In a sign of changing times at the Mississippi Supreme Court, the court’s justices by a 5-2 verdict threw out a much-criticized $150 million award to six asbestos claimants whom defense attorneys said were hardly sick at all (Feb. 23, 2004). “The Holmes County jury awarded identical amounts of $25 million each to the six, despite ‘different work histories, different exposures and different diagnoses,’ Justice George C. Carlson Jr. wrote…. Justices Chuck Easley and James Graves dissented without writing separate opinions. Justices Mike Randolph and Oliver Diaz Jr. did not participate.” The court had been known for its willingness to approve unusual jury awards, but voters in the Magnolia State recently defeated the trial-lawyer-backed chief justice in his bid for re-election.

The ruling was also a huge victory for the 3M company, whose masks the plaintiff’s lawyers had assailed as insufficiently protective (see Sept. 25 for many details), and which had chosen to appeal the $150 million verdict (other defendants settled); the six plaintiffs “testified they hardly had worn the 3M masks”, and, wrote Carlson, “no plaintiff provided any evidence that he was exposed to asbestos while wearing a 3M product.” (Jerry Mitchell, “$150M injury ruling tossed”, Jackson Clarion-Ledger, Jan. 21).