San Francisco magazine takes a long look at persons eventually exonerated and freed from prison after serving long stretches (“Innocence Lost”, Nov. (PDF)). Among them is the case of “John Stoll this past spring. After 20 years in jail for an infamous crime he did not commit, a judge said it had all been a mistake, and he was set free. ‘You win some, you lose some,’ the prosecutor shrugged, refusing to offer any admission of error or hint of an apology for all that her office had put Stoll through.” For the recent North Carolina case of Sylvester Smith, freed after 20 years in prison, see “Molestation charges dropped after victims recant allegations from ’84”, AP/Winston-Salem Journal, Nov. 6. (& letter to the editor, Dec. 20).
A Christmas tree for Natchez
“The longtime tradition of erecting a live Christmas tree downtown ended last year, when officials decided they couldn’t afford the liability of a live tree in the middle of an intersection.” However, a “group of Natchez business leaders is working to collect money to pay for an artificial tree on the site — just in time for Christmas this year. ‘If you grew up in Natchez, if you’ve lived any years in Natchez, the downtown tree is something magical that big cities don’t have,’ said Agnes Holloway, a Natchez Downtown Development board member who is working with the Christmas tree committee.” (Kerry Whipple, “Funds still needed to help Natchez Christmas tree”, Natchez Democrat, Nov. 8)(via Common Good “Society Watch”).
“Sen. Specter’s Critics Turn Fire on Tort Reform”
Senator Specter (Nov. 5; May 6) angered the Christian right with his comments about judicial appointments, but it’s his lukewarm support of tort reform that might make the difference in his effort to become Judiciary Committee Chair. (Susan Cornwell, Reuters, Nov. 12; New York Post editorial, Nov. 14; Timothy Carney, “Battle Begins to Stop Specter From Taking Judiciary Chair”, Human Events, Nov. 15; NotSpecter.com tort reform page).
“Get your million dollars from Vioxx lawsuit”
That’s the banner headline of a website promoting litigation over the now-withdrawn arthritis drug. (William F. Hammond, Jr., “Merck Faces Flood of Vioxx Lawsuits After Drug Recall”, New York Sun, Oct. 27)($)(reprinted here, PDF)(I’m cited in article too). Here are some more highlights from the website in question:
…Experts estimate the class action lawsuit will award $5 billion, 50% of which will go to the top 1000 sufferers, or $2.5 million per person. Get your share. It is the easiest way to become a millionaire. (In 1997, the recall of a couple of diet therapies by Wyeth resulted in $16 billion so far paid out in claims) If you have heard of Million Dollar Awards from Tobacco Lawsuits, Vioxx cases are easier to win….
Lacking in symptoms? Don’t despair:
The chance of winning is much greater, if you had any heart attack in your medical record. Small heart attacks are untraceable. Many have this record without ever detected by doctors.
Lacking in any evidence that you ever took the drug? Hope is on the way:
We will show you how to prove you had taken Vioxx, to prove that you had related side effects, and to find a good lawyer to win your case. There are still places selling Vioxx after the recall, you can find them online. Merck is still 100% fully responsible for any side effect. If you purchase Vioxx now, not only you can sue Merck, you can also sue the pharmacy store for selling recalled products. The purchase is risk free, as Merck will pay you every penny you spend on Vioxx including tax and shipping fees.
The website’s sponsorship is not immediately apparent; though it is chock-full of Google ads for law firms, we saw no indication that it was itself posted by a member of the legal profession, though we may have overlooked something. A second page proposes that readers pay $100 to purchase a document if you “want to know something that no Vioxx Class Action Lawsuit Lawyers will ever tell you, want to get a bigger share of the award”. Remember, “Vioxx Lawsuit is the easiest way to make you a millionaire.” More: Nov. 18, Dec. 22.
“Lawyer sues ‘Law & Order’ over fictional attorney”
Well-known Brooklyn attorney Ravi Batra “sued the producers of the television show “Law & Order” for $15 million Friday, claiming they defamed him by portraying him as a crooked attorney in one “ripped from the headlines” episode.” (Samuel Maull, “Lawyer sues ‘Law & Order’ over fictional attorney”, AP/Houston Chronicle, Nov. 13). For some of the reasons why attorney Batra might be considered good copy, see “The judges’ friend and the $225,000 swivel chair”, Nov. 11, 2003. (& see Batra’s response: letter to the editor, Dec. 20, directing readers to this page (PDF)).
“Wedgwood: The First Tycoon”
I’m in the New York Times Book Review today with a look at a newly published biography of the great British potter Josiah Wedgwood (1730-95); there’s no legal angle, just a slice of business and social history. My first sentence even mentions Virginia Postrel (whose website is here). (Walter Olson, “Out of the Blue”, Nov. 14).
Update: more guilty pleas in fen-phen fraud
“Five of 12 Fayette residents charged in a joint FBI and IRS criminal investigation have pleaded guilty, and one more is expected to plead guilty this week, U.S. Assistant Attorney John Dowdy said. … Each resident received a $250,000 settlement from the drug maker. Court documents show some of the defendants purchased automobiles, including a new Jaguar, and one bought a mobile home.” One of the defendants — not the one who bought the Jag — is described by her lawyer as just your ordinary Sunday School teacher. (Jimmie E. Gates, “Fraud pleas may mean jail, forfeiture”, Jackson Clarion Ledger, Nov. 7). See Oct. 20 and links from there.
Update: SCO and its lawyers
The SCO Group is famous for its business strategy, which in large measure consists of filing a barrage of suits against IBM, Novell and other makers and users of Linux-based and other software products based on purported infringements of its intellectual property rights in Unix (see Nov. 6, 2003). On Oct. 31 SCO signed an agreement with Boies, Schiller & Flexner and a second law firm that will cap (at $31 million) the legal bill it will owe over and above a generous contingency share of any recoveries. (Stephen Shankland, “SCO seals deal for legal expense cap”, CNET News, Nov. 5). For more on the controversy, see Jim Kerstetter, “The Most Hated Company In Tech”, Business Week, Feb. 2; “SCO’s Suit: A Match Made in Redmond?”, Mar. 11. While to date it seems SCO has been unable to produce much hard evidence of IBM’s having infringed, SCO says that’s because the larger company has been unwilling to provide a helpful “road map” to its code to help in identifying violations (Nick Farrell, “IBM says SCO has no evidence”, The Inquirer, Sept. 17). SCO’s side of the controversy may be found at its website, while GrokLaw provides a wealth of items and links from a standpoint critical of the SCO claims.
RR didn’t warn not to walk on tracks
“A Jeannette woman who was slightly injured after being struck by a train while walking along railroad tracks sued Norfolk Southern Corp. Thursday for failing to warn pedestrians that trains travel on tracks.” Patricia Frankhouser suffered a broken finger as well as cuts and scrapes; her lawyer, Harry F. Smail Jr. of Greensburg, “argues that the railroad was negligent for failing to post signs warning ‘of the dangers of walking near train tracks and that the tracks were actively in use.'” (Matthew Junker, “Woman struck by train sues railroad”, Pittsburgh Tribune-Review, Nov. 5). Other counts in the suit include the railroad’s failure to put up gates and the failure of its engineer to stop faster or yield the right of way. (“Jeannette woman sues railroad”, Pittsburgh Post-Gazette, Nov. 9). Updates Nov. 23: more on case including attorney Smail’s defense of suit; Feb. 20 (RR asks dismissal).
Legal hazards of medicine-by-phone
Many physicians in Alaska sighed with relief this summer when a jury for the second time ruled in favor of Anchorage general surgeon James O’Malley, finding that O’Malley “had given enough information to patient Vicki Marsingill over the phone for her to make an informed decision about whether to go to the hospital emergency department. Marsingill experienced complications after she decided not to follow Dr. O’Malley’s advice.” An initial verdict in Dr. O’Malley’s favor was thrown out because of improper jury instructions. The case raised questions about how forcefully doctors are expected to respond when counseling a potentially noncompliant patient to seek treatment. In Alaska, a state where consultation-by-phone is common given the great geographical distances, the case also “sparked debate …over how much information doctors should give patients over the phone and how much responsibility falls to patients. Some physicians have stopped taking phone calls after hours and instead instruct patients to go to an emergency department or call 911.” (Tanya Albert, “Alaska physician wins case on ignored medical advice”, American Medical News (AMA), Jun. 7; “Alaska bill offers immunity when advice is ignored”, Mar. 22-29; more on case).