“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).
Beware of Dog
Illinois has passed a new dog law, which seems like a really complicated solution to a fairly simple problem.
Nick Tarasen of “Chicago Report” explains (pretty convincingly) why he thinks that the law is a bad idea.
Ladies Man
Col. Kassem Saleh has apparently been making himself a little too popular with the ladies. It’s a fascinating question of whether one can get in trouble for “just talking” if one didn’t actually engage in any harassment at all. Indeed, the women seem to be complaining that they wanted more Saleh, not less.
Illicit Bargaining
The Curmudgeonly Clerk has laudably detailed (if slightly disturbing) coverage of the case of Municipal Judge Charles Maestas, convicted of exchanging reduced sentences for sexual favors. The CNN report is available here.
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?
Greetings
Hello all. My name is Will Baude and I’m very thankful to Mr. Olson for letting me blog here. I’m a student at the University of Chicago, and normally you’ll find me at the group-blog Crescat Sententia.
What with Howard Bashman on vacation, I’m happy to get email about any interesting law-related news, so if you see anything interesting, don’t hesitate to drop me an email.
New guestblogger tomorrow
Another newcomer will be arriving tomorrow to contribute a week’s worth of guest posts. Drop by and see for yourself.
“Thirteen zero tolerance horror stories”
A bread knife, decongestant pills, lunchtime cafeteria chat, a small laser pointer, a forbidden kiss between high school sweethearts — all among the drugs/weapons/conduct that have rated punishment under the zero tolerance crusade (George A. Clowes, Heartland Institute, Jun. 12).
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.).