Almost entirely off topic: HBO’s publicity department and many others have been heralding the arrival of a TV-film production of Tony Kushner’s extravagantly praised two-part drama, Angels in America. We reviewed the play back in 1994, and found Part I to be reasonably entertaining, but were less than enthralled with Part II. (“Winged Defeat”, National Review, January 24, 1994, reprinted at Independent Gay Forum). Update: Tim Hulsey (My Stupid Dog) has more on Kushner’s dramaturgy (Dec. 9)
“Shut up! Or I’ll sue”
I review David Bernstein’s “You Can’t Say That! The Growing Threat to Civil Liberties From Antidiscrimination Laws” in today’s New York Post (see Nov. 7). The book can be purchased here.
Tough on mushroom crime
“Stephen Fletcher II tried to grow some psychedelic mushrooms in his Lawrence apartment. Tremain V. Scott shot and killed a man at close range during an armed confrontation, then, according to an eyewitness, took the victim’s gun and shot him with it as he lay on the ground. An autopsy showed the victim had been shot 18 times.
“Both Fletcher and Scott are in their early 20s and have little or no criminal-conviction record, their attorneys say. So who’s facing the stiffer sentence? Fletcher, by double.” (Eric Weslander, “Mushrooms v. murder: Sentences in Kansas don’t all fit the crime”, Lawrence (Kan.) Journal-World, Nov. 30) (via Free-Market.net)
Enron examiner: $100 million plus immunity, please
“The $100 million man of Enron’s bankruptcy, court-appointed examiner Neal Batson, is seeking to cut his ties with the case after 18 months. Having produced 4,000 pages of reports outlining the tangled financial partnerships Enron used to mask its dwindling fiscal health, Batson has asked a bankruptcy judge for immunity from any and all subpoenas, permission to shred the documents he has collected and complete protection from any liability.” (Eric Berger, “Examiner has had enough of Enron”, Houston Chronicle, Dec. 4; Anthony Lin, “Enron Examiner Billed Estate for $100 Million”, New York Law Journal, Dec. 5)(see Nov. 26, Jun. 29; more)(& see Jul. 23, 2004).
Update: Ohio high court reverses Scott-Pontzer
The Ohio Supreme Court, following a shift in its balance through the election of two new members (see Nov. 7, 2002), has reversed its widely derided 1999 decision in Scott-Pontzer v. Liberty Mutual, which had allowed employees and their families injured on their own time in their own cars to collect from their employers’ auto insurance policies (Oct. 30, 2000; letter, Aug. 1, 2001). Some editorial reactions: Cincinnati Enquirer, Findlay Courier, Dayton Daily News.
Trying too few cases = legal malpractice?
Two legal malpractice lawsuits against the Madison County, Ill. firm of Goldenberg, Miller, Heller and Antognoli claim that the firm settled injury cases for too small a sum and in particular allege that it lacked credibility among defense counsel because it too seldom took cases to trial. Although the Goldenberg firm was one of two major plaintiff’s firms handling asbestos claims in Madison County, for example, one rival lawyer contends that it had not taken an asbestos case to trial in ten years. (Paul Hampel, “Madison County law firm is sued again”, St. Louis Post Dispatch, Nov. 29, via Lori Patel, Law.com). The article is noteworthy for the way it sheds light on longtime feuds among plaintiff’s lawyers in the notorious county (see Dec. 3 and many others).
The case also draws comment (Dec.3) from David Giacalone, who we are delighted to say has resumed limited posting at his website. Giacalone has further information about the tale (see Jun. 17-18, 2002) of Rochester, N.Y. attorney Jim (“The Hammer”) Shapiro, who advertised that “I want to get YOU the biggest, fattest cash award I can, as fast as I can, from as many defendants as I can find. Just call me! Day or night, I’ll talk to you free.” but who later admitted in a deposition that he lived in Florida and had never tried a case. See Jeff Williams, “Lawyer ads get loud”, PrairieLaw, undated.
Obesity-as-disability and housing accommodation
Airline and theater seats, equipment in doctors’ offices, and now, inevitably, housing: “Carmen Bowen, 44, has been involved in a two-year dispute with the Cuyahoga Metropolitan Housing Authority over how much work must be done to help her move around her [Cleveland, Ohio] apartment.” Ms. Bowen weighs 772 pounds and the agency has already agreed to an extensive menu of apartment renovations that it believes go beyond what the federal ADA requires: “The modifications include removing doors and walls, installing an automatic door operator and panic device, demolishing the existing bathroom and installing a special shower, and putting in a sidewalk to the front door.” However, “Bowen filed a discrimination complaint, saying the agency took too long. … In August, 22 firefighters and emergency medical technicians worked for 2 1/2 hours to move Bowen from her apartment so she could have dental work.” (“Housing agency works to accommodate 772-pound tenant”, AP/Akron Beacon Journal, Nov. 17).
CAFA compromise contemplated
Reports from Capitol Hill indicate that Congress may be ready to pass a version of the filibustered Class Action Fairness Act (Oct. 21, Sept. 28, etc.) early next year after alterations to bring aboard three Democratic Senators who had supported the filibuster, Chris Dodd of Connecticut, Mary Landrieu of Louisiana and Chuck Schumer of New York. We haven’t had a chance to check the details of how good the resulting bill is, but one circumstance speaks strongly in its favor: Ralph Nader is really upset. (Charles Hurt, “Revised lawsuit-reform bill wins Democratic converts”, Washington Times, Nov. 27; Joseph Straw, “Nader slams Dodd?s class action reform act”, New Haven Register, Dec. 3; Bruce Alpert, “House, Senate avoid gridlock” (Landrieu), New Orleans Times-Picayune, Dec. 1). See also John Godfrey, “US Senate Democrats Seek To Revive Class-Action Bill”, Dow Jones/Yahoo, Nov. 17 (Sen. Jeff Bingaman, D-N.M., also said to be open to compromise).
“‘Trampled’ Wal-Mart Shopper Has History Of Injury Claims”
“A woman reported ‘trampled’ last Friday by Wal-Mart shoppers desperate for $29.87 DVD players has a long history of claiming injuries from Wal-Marts and other businesses where she worked or shopped.” Patricia Vanlester, 46, has pressed numerous claims over the years of having slipped and fallen in stores or having objects fall on her “under some of her various legal last names: Rastellini, Findley, Crabtree, Platt and Vanlester”. Ten of the earlier claims have been against Wal-Mart itself. Her recent report of having been “trampled by a herd of elephants” near the electronics display has been widely picked up by news agencies and commentators around the world as emblematic of American commercial excess. (Tony Pipitone, WKMG (Central Florida) Channel 6 News, Dec. 4).
Pooh balloon ticket
NYC’s Finest continue their ticketing campaign said to be aimed at improving “quality of life” (if you call that living): “Police wrote Queens hospital worker George Pulido a summons for making unreasonable noise because his son Christopher’s Winnie the Pooh balloon popped on the street.” (Leo Standora, “The most un-pop-ular bust of all?”, New York Daily News, Dec. 4)(via Hill-Kleerup, which comments, “Just keep telling yourself, ‘They don?t have ticket quotas ? they don?t have ticket quotas ? they don?t have ticket quotas ? right?'”)