“Lawyer Sent Back to School as Sanction for Frivolous Lawsuit”

“A lawyer’s attempt to save a time-barred malpractice suit by wrapping it up as a federal RICO and civil rights case has drawn an unorthodox sanction [under federal Rule 11]: Rather than dock the lawyer for fees, the judge ordered him to take courses in federal practice and procedure, professionalism and legal ethics.” We still prefer fees, though (Charles Toutant, New Jersey Law Journal, Aug. 26).

Suing over fellow prisoner’s escape

Clarksburg, W.Va.: “Three prisoners who were trapped in a van after it was hijacked in 2001 by a fellow prisoner have filed a lawsuit against the van’s transport company and two of the company’s former employees.” (“Prisoners trapped in hijacked van sue transport company”, AP/AccessNorthGeorgia, Aug. 13). The lawsuit claims Tennessee-based TransCor America, Inc. should have prevented the Sept. 2001 escape, in which prisoner Christopher Paul Savage faked illness, overpowered guards and took off in the correctional van before abandoning it and its eight other prisoner-occupants at a closed restaurant nearby. “The prisoners were denied proper food and drink, were deprived of medication and were denied bathroom breaks, the lawsuit alleges.” (Matt Harvey, “Three prisoners file lawsuit over fourth prisoner’s 2001 escape”, Clarksburg (W.Va.) Exponent Telegram, Aug. 14). No word in the latest stories about how long this deprivation lasted, but AP’s 2001 coverage says Savage abandoned the van only a quarter mile from where he hijacked it. (“Prisoner overpowers van guards, escapes”, Sept. 29, 2001, and “Armed prisoner still on the loose after early scuffle”, Citizens Against Private Prisons — scroll down about 2/3 on page).

Free and Clear

I don’t know how many of y’all remember the King murder trials from last summer. Prosecutor David Rimmer was pursuing cases against both Mr. King’s two sons and an outsider named Mr. Chavis, and created a huge stir because the theory he was pursuing in one case was inconsistent with the theory he was pursuing in the other. Given that prosecutors are supposed to prove their cases beyond reasonable doubt, a lot of people were skeptical– if one tries to prove two contradictory things, surely it’s reasonable to doubt either or both?

Read On…

ATLA’s politics

One subtheme at the Association of Trial Lawyers of America’s annual meeting, held this summer in San Francisco, was ATLA’s big plans to develop influence within the Republican Party to go with its strong clout among the Democrats. A trial lawyer/GOP caucus expects soon to have chairpersons in all fifty states. “Asked by the lawyers how to talk to representatives who see them as the enemy,” a pollster and former Newt Gingrich aide offered several pieces of advice including, as a National Law Journal reporter paraphrases it, “tell them you want to give them money”. (David Hechler, “The Elephant and the Trial Lawyer”, National Law Journal, Aug. 5). Scheduled speakers at the meeting included Sens. Tom Daschle (D-S.D.), John Edwards (D-N.C.), John Kerry (D-Mass.), Barbara Boxer (D-Calif.) and Bob Graham (D-Fla.) and Reps. Dick Gephardt (D-Mo.) and Nancy Pelosi (D-Calif.).

Read On…