New Hampshire: “Attorney General Peter Heed resigned abruptly Tuesday because of an allegation of inappropriate conduct with a woman. Gov. Craig Benson said the alleged incident occurred at a conference last month in Bretton Woods on preventing sexual and domestic abuse. …WMUR-TV reported that the alleged incident occurred after hours on a dance floor.” (Kate McGann, “New Hampshire A.G. Heed resigns over misconduct allegation”, Boston Globe, Jun. 15).
Posts Tagged ‘New Hampshire’
New York Landlord-Tenant Court
One side effect of Manhattan rent control is that it creates a source of litigation that wouldn’t exist under a market-based system. When a tenant has a right to rent a 2800-sq. ft. SoHo loft for a few hundred dollars a month, it means that it’s worth holding a seventeen-day trial to determine whether the tenant is using the loft as her primary residence. If the tenant, who owns multiple pieces of real estate in New Hampshire, was paying market rents, then whether she was using the loft as a primary residence would be legally and economically irrelevant, and the trial would never have happened. Imagine how much is lost because New York City tenants and landlords litigate thousands of “holdover” cases every year. (Dennis Hevesi, “The Knottiest Cases of Landlord v. Tenant”, New York Times, Nov. 9; Henry Pollakowski, “Who Really Benefits from New York City?s Rent Regulation System?”, Manhattan Institute Civic Report, March 2003).
Malpractice key issue in NJ, Pa. races
“In New Jersey, where state-level candidates usually campaign over issues such as property taxes and school funding, the No. 1 issue is now medical malpractice — if political fund-raising totals are any indication.” Doctors are throwing themselves into state politics and are so passionate about the issue that they’re actually outspending trial lawyers by a wide margin. (“Malpractice Issue Draws Most Funding in N.J. State Races”, BestWire/HIMSS (Healthcare Information and Management Systems Society), Oct. 28). Pennsylvania physicians are up in arms as well, hoping to make their voices heard in a key state supreme court contest between Republican Joan Orie Melvin and Democrat Max Baer (Carrie Budoff, “This time, physicians are players in election”, Philadelphia Inquirer, Nov. 3; Marian Uhlman, “As doctor workforce ages, a fear of shortage”, Oct. 12). In Massachusetts, nearly 1,000 doctors descended on the statehouse last spring attired in white coats, demanding malpractice reform (David Kibbe, “Liability insurance hikes scaring off some doctors”, Ottaway/New Bedford Standard-Times, Oct. 6). See also “Tort-reform law could cure ills of malpractice” (editorial), Rockingham News, Oct. 31 (New Hampshire)(suggesting that recent Texas reforms serve as model).
Update: lawsuit-funding cos. shun Ohio
Lawsuit-funding companies, which advance litigants cash in exchange for a share of the eventual booty, have apparently departed the state of Ohio since a decision this summer by the Ohio Supreme Court (see Aug. 4) finding that such activities violate a 180-year-old state law against champerty and permit intermeddlers to “gorge upon the fruits of litigation”. “Several states, including Massachusetts, New Hampshire and South Carolina, have lifted their prohibitions against the practice. At least 100 lawsuit-funding companies have emerged nationwide since 1998 when Perry Walton, a litigation-finance pioneer from Nevada, started holding seminars to teach other entrepreneurs how to make money by doing what some critics say is akin to betting on lawsuits.” (“Lawsuit-funding companies avoid Ohio after court ruling”, AP/Miami Herald, Oct. 1)(more on champerty, from The Litigation Explosion).
“Wheelchair ramps in the high alpine zone”
At The New Criterion’s newly launched weblog Armavirumque, James Panero tells how the Americans with Disabilities Act led to the installation of a wheelchair ramp at Galehead Hut in northern New Hampshire, which is “perhaps the most inaccessible” of the Appalachian Mountain Club’s historic system of White Mountain huts and can be reached only by hiking over very rugged terrain (Jul. 7).
Also via Armavirumque (Jul. 8), Theodore Dalrymple on the premise behind fast-food lawsuits: “Left to his own devices, the denizen of hamburger restaurants would eat fresh carrots and brown rice, his natural choices. … This picture is of a world in which humanity as a whole is good, but is so innocent that it is diverted from the paths of righteousness by a few evilly disposed persons such as the directors of food companies. Were it not for them, we should all be thin as rakes and fit as fleas.” (“The Devil’s Food Cake Made Me Do It”, National Post (Canada), Jul. 5).
Private club liable for sexist speech
The New Hampshire Supreme Court has upheld the decision of the state Commission on Human Rights to assess $64,000 plus attorneys’ fees against the Franklin Lodge of Elks for committing sex discrimination against four applicants including “derogatory and anti-female comments” by club members during discussions over whether to admit the applicants. “Of course, when clubs are held legally liable for their members’ speech, they will naturally be forced to suppress such speech, to avoid this liability.” (Eugene Volokh, “Club Codes”, National Review Online, Jun. 25.)
Archived workplace items, pre-July 2003
“U.K. roundup” (perennial litigant), Jun. 12-15, 2003.
“‘Resumé spam saddles employers’“, Jun. 3, 2003.
Fair Labor Standards Act, overtime and employee classification suits, 2003: “Schools roundup“, Apr. 9. 2001: “Wal-Mart- as-‘cult’-suit: it is about the money“, Jun. 14. 2000: “Goodbye to gaming volunteers?“, Sept. 12 (& update Oct. 3); “Why rush that software project, anyway?” (California overtime law), March 29; “And so now everybody’s happy” (temps fired in wake of Microsoft decision), Feb. 17 (& see letters, Dec. 20); “Strippers in court” (challenge to independent contractor status), Jan. 28; “Microsoft temps can sue for stock options“, Jan. 11. 1999: “Don’t call us professionals!“, Oct. 1-3; “Click here to sue!” (AOL volunteers who want to be recategorized as employees), Sept. 7; “Do as we say (I)” (overtime suit filed against Justice Department on behalf of its own lawyers), Aug. 30; “Click here to sue!” (Seattle law firm offers easy way to sign up for labor law class actions), Aug. 19.
“It ain’t heavy to him, he’s my brother“, May 1-2, 2003; “Firehouse blues” (too-short firefighter), Feb. 20-21, 2002; “Non-pregnant rescuers, please“, Sept. 13, 2001; “Litigators vs. standardized tests, II: who needs sharp cops?“, Feb. 9-11, 2001; “Slow down, it’s just a fire” (Canadian high court strikes down firefighter speed test), Sept. 17-19, 1999; “Perps got away, but equity was served” (Lanning v. SEPTA: challenge to running test given to prospective transit cops), Sept. 15, 1999 (& Oct. 5-7, 2001, Oct. 25-27, 2002).
“U.K.: ‘Killer wrongly sacked for axe attack’“, Apr. 7-8, 2003.
“Maybe crime pays dept.” (annual roundup of weird employment and labor law cases), Apr. 1, 2003.
Their own petard, 2003: “Wellstone campaign didn’t buy worker’s comp for its employees“, Feb. 6-9. 2002: “‘Civil Rights Agency Retaliated Against Worker, EEOC Rules’“, Jun. 14-16; “‘Disability rights attorney accused of having inaccessible office’“, Apr. 25. 2001: “EEOC sued for age bias“, Mar. 6. 2000: “White House pastry chef harassment suit“, Sept. 18. 1999: “Do as we say (I)” (overtime suit filed against Justice Department on behalf of its own lawyers), Aug. 30 (more).
“Race-bias cases gone wrong“, Jan. 24-26, 2003.
“Vt. high court: ALL-CAPS DISCLAIMER on front page of employee handbook not unambiguous enough“, Jan. 17-19, 2003.
“Ninth Circuit panel sniffs collusion in bias settlement fees“, Dec. 16-17, 2002.
Public employee entrenchment, 2002: “Munched zoo animals, gets six months severance” (Germany), Nov. 8-10; “Convicted, but still on their teaching jobs“, Jul. 10-11; “School told to rehire cocaine abuser“, Mar. 20-21. 2001: “‘Poor work tolerated, employees say’“, Nov. 15. 2000: “Reprimand ‘very serious’ for teacher” (had given 11-year-old girl money to buy marijuana), June 27; “‘Foreman who slept on job wins reinstatement’“, June 7; “From the labor arbitration front” (disallowed firing of Ct. town employee who pleaded no contest to larceny), March 28; “Not to be dismissed” (unfireable workers, Canada and U.K.), Feb. 25. 1999: “Better than reading a lunchtime novel” (IRS employee sues; fired for accessing taxpayers’ personal returns 476 times), Oct. 25; “Undislodgeable educators” (teacher peer review undermined by tenure legalities), Aug. 18.
“‘Nannies to sue for racial bias’” (U.K.), Oct. 30-31, 2002.
“Looking back on EEOC v. Sears” (sex discrimination, statistics and history), Oct. 28-29, 2002.
Appearance and authenticity, 2002: “‘Demand for more ugly people on TV’” (Norway: higher “ugly quotas” sought), Oct. 21. 2001: “Facial-jewelry discrimination charged“, Jul. 2; “Pregnant actress complains at being denied virgin role“, Jun. 21; “‘Fired transsexual dancers out for justice’“, Mar. 23-25. 2000: “Appearance-blind hiring?“, Dec. 26-29; “Latest female Santa case“, Dec. 13-14 (and see Dec. 18-19); “Wal-Mart wins female Santa case“, Oct. 12; “Next: gender-blind stage casting?” (theme restaurant’s hiring of males as “riverboat tough” food servers), Mar. 24-26.
“U.K.: ‘Dr. Botch’ sues hospital for wrongful dismissal“, Oct. 18-20, 2002; “Let them sue us!” (hospitals get sued if they withdraw privileges from questionable doctors), Mar. 23, 2000.
“‘Inundations of electronic resumes pose problems for employers’“, Oct. 16-17, 2002.
“Latest sacked-Santa suit“, Oct. 9-10, 2002 (& Dec. 13-14 and Oct. 12, 2000)
“Right to break workplace rules and then return“, Sept. 16-17, 2002.
“Personal responsibility roundup” (workers’ comp told to compensate worker for his suicide attempt), Sept. 12, 2002; “‘Court upholds workers compensation for drunk, injured worker’“, April 6-8, 2001.
National origin, language on the job, 2002: “Hiring apple pickers = racketeering“, Sept. 9-10; “‘Surgeon halts operation over foreign nurses’ poor English’“, Jul. 25; “No ‘flood’ of Muslim or Arab discrimination complaints“, Jun. 17-18; “Must-know-Spanish rules defended“, May 28-29; “High court nixes back pay for illegal aliens“, Apr. 3-4. 2001: “Sued if you do dept.: language in the workplace“, Dec. 19 (& Nov. 17, 1999); “Competitor can file RICO suit over hiring of illegal aliens“, Dec. 13-14; “Opponents of profiling, still in the driver’s seat“, Nov. 2-4; “Employee’s right to jubilate over Sept. 11 attack“, Oct. 9 (& letters, Oct. 22). 2000: Christian Science Monitor on accent discrimination, see Dec. 18-19; “Green cards gather moss” (immigration delays), Feb. 4; “Back pay obtained for illegal aliens“, Jan. 10 (& Oct. 28, 1999). 1999: “52 green-card pickup” (rules against asking for too much documentation of citizenship in hiring), Oct. 29; “Say what?” (accent), Reason, November 1997.
“Ambulance driver who broke for doughnuts entitled to sue“, Nov. 2-4, 2001 (& Jun. 28-30, 2002).
“Not worth the hassle?” (Home Depot tries to avoid federal contractor status), Jun. 17-18, 2002.
“Advertisement for ‘friendly’ employee deemed discriminatory“, Jun. 10, 2002.
“Catharine MacKinnon, call your office“, May 16, 2002.
“Soap star: ABC wrote my character out of the show” (“medical leave” for drug rehab), Apr. 10, 2002.
“Will EU silence the pipes?” (occupational noise regulation), Mar. 8-10, 2002; “Britain’s delicate soldiery“, Dec. 22-25, 2000.
Retaliation: “Inability to get along with co-workers” (employer’s counterclaim as retaliation), Mar. 8-10, 2002; “Latest lose-on-substance, win-on-retaliation case“, Oct. 16, 2001; “Latest lose-on-substance, win-on-retaliation employment claim“, Jan. 25, 2000; “Employment-law retaliation: real frogs from ‘totally bogus’ gardens“, Sept. 29, 1999.
“Aerobics studio mustn’t favor the svelte“, Feb. 27-28, 2002 (& update May 10-12).
“Jarring discord” (Audubon String Quartet), June 5, 2000 (& June 14, 2001, Nov. 13, 2001, May 10-12, 2002).
“European workplace notes“, Feb. 25-26, 2002.
“‘The Enron mythos’” (employee compensation, 401(k)), Feb. 15-17, 2002.
“Sept. 11 and court awards” (price, payouts of employment liability insurance soar), Jan. 14-15, 2002; “‘Workers win more lawsuits, awards’“, March 29, 2001.
“‘UK women can demand to know men’s salaries’“, Dec. 28, 2001-Jan. 1, 2002.
“Menace of office-park geese“, Dec. 13-14, 2001.
“‘Halliburton shares plunge on verdict’” (law-firm whistleblowing), Dec. 10, 2001.
“An ill wind” (layoffs mean prosperity for employment lawyers), Dec. 4, 2001.
“Rejecting an Apple windfall” (race discrimination suit), Nov. 30-Dec. 2, 2001.
“Sued if you do dept.: co-worker’s claim of rape“, Nov. 7-8, 2001.
“In the mean time, let them breathe spores” (OSHA and anthrax), Nov. 6, 2001.
“Judge may revive ‘Millionaire’ ADA case” (Echabazal v. Chevron: employer’s right to turn away workers who would be injured by job), Nov. 5, 2001.
“‘Attorney Ordered To Pay Fees for “Rambo” Tactics’“, Oct. 5-7, 2001; “Even the chance of loser-pays helps keep ’em honest” (pilots’ union bid for back pay), August 12, 1999.
“Employment class actions: EEOC to the rescue“, Sept. 10, 2001.
“Not discriminatory to kick sleeping worker’s chair” (includes item on U.K. employee privacy), Sept. 3, 2001.
“Firefighter’s demand: back pay for time facing criminal rap“, Aug. 29-30, 2001.
“Negligent to lack employee spouse-abuse policy?“, Aug. 29-30, 2001.
“N.J. court declares transsexuals protected class“, July 30, 2001; “‘Fired transsexual dancers out for justice’“, March 23-25, 2001; “Columnist-fest” (transgender employee sues over no-skirt order), May 31, 2000.
Age discrimination law: “Research for lawyers, courtesy of their targets“, July 6-8, 2001; “EEOC sued for age bias“, March 6, 2001; “‘Toronto Torch’ age-bias suit” (stripper), May 23, 2000; “Take the settlement, sue anyway“, March 13; “‘Tenure Gridlock: When Professors Choose Not To Retire’“, March 3-5; “‘The case for age discrimination’“, Jan. 20, 2000; “Age-bias law expands” (Calif., N.J. developments), Aug. 12, 1999.
“Court says tipsy topless dancer can sue club“, Jul. 3-4, 2001.
“‘Hearsay harassment’ not actionable“, Jun. 12, 2001.
“Dispatches from abroad” (U.K. policeman claims snoring resulted from inhalation of cannabis), May 28, 2001.
“Six-hour police standoff no grounds for loss of job, says employee“, May 21, 2001.
“Letter to the editor” (arbitration agreements), Apr. 16, 2001.
“Comparable worth in Maine” (state enacts “pay equity”), April 20-22, 2001; “Comparable worth: it’s back“, May 17, 2000.
“‘2000’s Ten Wackiest Employment Lawsuits’“, Apr. 13-15, 2001.
“‘Kava tea drinker alleges bias in FedEx firing’“, Mar. 19-20, 2001.
Ergonomics: “Narrow escape from ergonomic regs“, March 9-11, 2001; “‘Cop’s claim: gun belt too heavy’“, Feb. 23-25, 2001; “Born to regulate“, June 28, 2000; “Go ahead and comment — if it’ll do much good” (OSHA ergonomics regulations), March 17-19, 2000; “Repetitive motion injury Hall of Fame” (phone sex operator), Nov. 22, 1999.
“Forbidden paint zone” (New York City schools’ 10-foot rule), Feb. 27, 2001.
“Employees not tenured in California“, Feb. 7-8, 2001.
“Digital serfs?“, Jan. 26-28, 2001.
“‘Firms mum on troubled workers’“, Jan. 22-23, 2001.
Police-record discrimination: “Coming soon to a school near you” (applicant with police record OK’d since no convictions), Jan. 17, 2001; “‘Killer’s suit alleges job discrimination’“, Jan. 15, 2001; “You were negligent to hire me” (undisclosed rape-related conviction), May 30, 2000; “Hire that felon, or else” (Wisc. law protects felons from job discrimination), Jan. 7, 2000 (& earlier commentary: Sept. 24, 1999).
“Stressed out in New Hampshire” (stress from legitimate workplace criticism triggers workers’ comp), Jan. 4, 2000; “Stress of listening to clients’ problems” (masseuse wins benefits), June 21, 2000; “Weekend reading” (workplace psychological injury claims), July 31-August 1, 1999.
Damages, big numbers: “Big numbers” (Kroger Co. hit for $55 million after workplace accident), April 16, 2001; “Property taxes triple after wrongful-termination suit“, Dec. 20, 2000; “‘Stock Options: A Gold Mine for Racial-Discrimination Suits?’“, Dec. 11-12; “How to succeed in business?” (Christian Curry case), Nov. 20; “Wonder Bread hierarchy too white, suit charges“, July 10 (updates Aug. 4: jury awards $132 M damages and Oct. 10: judge cuts award by $97 M); “Penalty for co.’s schedule inflexibility: 30 years’ front pay” (ADA), June 16-18; “Record employment verdict thrown out” (Lane v. Hughes Aircraft), March 9, 2000; “From our mail sack: memoir of a morsel” (Calif. employer’s story), Nov. 24-25, 1999; “The stuffed-grape-leaf standard” (litigator says $300K isn’t that much money), August 14-15, 1999.
“Promising areas for suits” (broken interview promises, third party suits to sidestep workers’ comp limits), Dec. 7, 2000.
“‘Company Is Told to Stay and Face New Union’“, Nov. 24-26, 2000; “NLRB lurches left”, Oct. 11, 2000.
“Obese soldiers class action“, Nov. 10-12, 2000.
“New unfairness for old” (Employment Non-Discrimination Act), Oct. 26, 2000.
“Prospect of injury no reason not to hire” (ADA), July 5, 2000; and see disabled-rights page.
“Judge tells EEOC to pay employer’s fees“, Oct. 5, 2000.
“When sued, be sure to respond” (Wal-Mart transsexual employee), Jul. 21-23, 2000 (update Sept. 6-7: judge grants retrial after default judgment).
“EEOC: offbeat beliefs may be protected against workplace bias“, Sept. 5, 2000.
“Losing your legislative battles? Just sue instead” (contraception coverage by employer health plans), July 26-27, 2000.
Coke: “‘Coca-Cola settles race suit’“, Nov. 17-19, 2000; “Class-action lawyers to Coke clients: you’re fired“, Jul. 21-23; “‘Coke plaintiff eavesdrops on lawyers; case unravels’“, Jul. 19-20; “‘Ad deal links Coke, lawyer in suit’” (Willie Gary, suing Coke on behalf of clients, enters into a lucrative ad deal with it), May 11, 2000.
“Chutzpah is. . .” (marital-status discrimination case by boss’s ex-son-in-law), Jul. 18, 2000.
“Welcome readers” (CNNfn article advising workers thinking of suing employers; cites this site), Jun. 19, 2000; “Favorite bookmark” (head of Employment Policy Foundation likes this site), May 23, 2000.
“Look for the Kiwi label” (sweatshops), Jun. 9-11, 2000.
“Another Mr. Civility nominee” (associate at law firm asks for bonus, is fired), June 2-4, 2000; “Smudged plumage” (Angelos’s Orioles won’t hire Cuban defectors), May 24, 2000.
“Funny hats and creative drawing“, May 1, 2000.
“Employer-based health coverage in retreat?“, Mar. 31-April 2, 2000.
OSHA and at-home workers: “OSHA & telecommuters: the long view“, April 7-9, 2000; “Update: OSHA in full retreat on home office issue“, Jan. 29-30; “OSHA at-home worker directive“, Jan. 8-9; “OSHA backs off on home-office regulation“, Jan. 6; “Beyond parody: ‘OSHA Covers At-Home Workers’“, Jan. 5, 2000.
“Feds’ mission: target Silicon Valley for race complaints“, Feb. 29, 2000.
“Judgment reversed in Seinfeld case“, Feb. 26-27, 2000.
“Private job bias lawsuits tripled in 1990s“, Jan. 19, 2000; “Employee lawsuits increasing” (Society for Human Resource Management survey), August 25, 1999.
“Warn and be sued” (industrial psychologist found liable for warning co-workers of patient’s violent fantasies), Jan. 12, 2000; “Indications of turbulence” (pilot whose mental fitness for duty was challenged wins partial back pay), Dec. 1, 1999.
“Christmas lawyer humor” (“Restructuring at the North Pole” parody), Dec. 23-26, 1999.
“Truth in recruitment?” (N.J. jury verdict), Dec. 17-18, 1999.
“From the quote file” (Legal Times: U.S. Supreme Court as nation’s chief human resources manager), Dec. 15, 1999.
Under surveillance at work? “Hold your e-tongue” (employee emails), Nov. 9, 1999; “EEOC encourages anonymous harassment complaints“, Sept. 3; “Please — there are terminals present” (email censorship and harassment law), July 30; “‘Destroy privacy expectations: lawyer’” (advice managers are getting), July 26, 1999.
“Bring a long book” (New York takes average of seven years to adjudicate discrimination complaints), Nov. 4, 1999.
“Perkiness a prerequisite?” (bias suit says employer wanted workers to look like “Doris Day or the boy next door”), Nov. 2, 1999.
“New Jersey court system faces employment complaint“, Oct. 21, 1999.
“Blackboard jungle” (Ann Arbor, Mich. substitute teachers’ suit gets $30 million), Sept. 14, 1999.
“Labor Day: ‘Overworked America?’“, Sept. 7, 1999.
“Big numbers” (Kroger worker $55 million award not blocked by workers’ comp), April 16, 2001; “Block PATH to lawsuits” (claims against NY-NJ commuter line under Federal Employer’s Liability Act), Sept. 1, 1999.
“Ohio high court says forget tort reform; should unionists be cheering?” (unions exempted from exposure to many injury suits), August 17, 1999.
“You made me defame myself” (workplace defamation law doctrine of “self-compelled publication”), August 10, 1999.
“All have lost, and all must have damages” (suit against employer by insurance agent who sold allegedly deceptive policies), August 3, 1999.
| Other writings by Overlawyered.com‘s editor: The Excuse Factory: What Happened When America Unleashed the Lawsuit (Free Press, 1997); writings on disabled rights/ADA; on harassment and sex discrimination law; on other branches of discrimination law. |
Archived legal ethics items, pre-July 2003
Bar discipline and client protection, 2003: “Probate’s misplaced trust” (Washington Post series), Jun. 16-17. 2002: “Crumbs from the table“, Feb. 8-10. 2001: “Law firm sued over fen-phen settlement practices“, Dec. 28; “Updates” (IOLTA), Dec. 15-16 (& Jan. 31); “Holiday special” (Canadian lawyer’s misconduct), May 28; “Mills of legal discipline” (updates on Brock, Hager, Fieger cases), Mar. 3; “Dangers of complaining about lawyers” (Ga. considers easing defamation counter-complaints by lawyers), Mar. 30-Apr. 1. 2000: “‘Judge Lenient With Perjurer, Cites Clinton Case’“, Oct. 16-17 (& May 16); “Disbarred, with an asterisk” (Mass. has let many attorneys resume practice), Sept. 20; “Funds that don’t protect” (client protection funds), Aug. 23-24; “Fit to practice?” (California bar disciplinary board), Aug. 21-22; “That Hager case” (American U. law professor Mark Hager, settlement of Warner-Lambert Nix lice treatment case), Feb. 23 (& update May 3, 2001: board recommends three-year suspension).
“New legal ethics weblog” (ethicalEsq.?), Jun. 6-8, 2003.
Judicial conduct, 2003: “Year’s most injudicious judges” (NLJ roundup), May 6. 2002: “‘Federal authorities say judge offered illegal payoff’“, Sept. 3-4; “‘Privileged chambers’” (Albany Times-Union series), May 30; “‘Injudicious conduct’” (NLJ roundup), May 1-2; “La. officials seek oyster judge recusal“, Mar. 25-26; “So depressed he stole $300K“, Mar. 19. 2001: “‘Pseudologica fantastica’ won’t fly” (judge’s resum?ibs), June 7 (& update Aug. 20-21); “‘Judges behaving badly’” (NLJ roundup), May 11-13. 2000: “Year’s most injudicious judges“, Jun. 5, 2000; “Brockovich story, cont’d: the judges’ cruise“, Apr. 18; “New Hampshire high court blowup“, Apr. 5 (& updates Oct. 11: chief justice acquitted at impeachment; May 3, 2001); “The costs of disclosure” (Washington state, Grant Anderson case), Jan. 19.
“Class action lawyer takes $20 million from defendant’s side“, Mar. 15-16, 2003.
“Politico’s law associate suspended over ‘runner’ use” (Louisiana), Feb. 14-16, 2003.
Civility: “Law’s attraction for the bully“, Dec. 13-15, 2002; “‘Attorney Ordered To Pay Fees for “Rambo” Tactics’“, Oct. 5-7, 2001; “Mills of legal discipline” (Geoffrey Fieger tirade against judges), May 3, 2001 (& more on Fieger: Apr. 23-24, 2002, Sept. 14, 1999; “Another Mr. Civility nominee” (“dreck”, “scum”), June 2-4, 2000; “From the incivility frontier” (“gag a maggot off a meat wagon”, “proctology exam”), April 19; “Majesty of the law” (alleged threat to kill opposing counsel), March 13, 2000 (& update May 17: attorney sanctioned); “Bright future in some areas of practice” (“abusive, hostile” applicant for law license), Oct. 13, 1999 (update, Nov. 23).
“Race-bias cases gone wrong“, Jan. 24-26, 2003.
“Lawyers fret about bad image” (Fla. bar plans to rate and monitor tone of journalists’ coverage), Oct. 3, 2002.
“FTC cracks down on excessive legal fees“, Oct. 1-2, 2002.
“Second Circuit: we mean business about stopping frivolous securities suits” (scope of Rule 11), Aug. 29-Sept. 2, 2002.
“Lawyer’s 44-hour workday“, Jun. 28-30, 2002; “Charged $16,000 for brief he copied from book“, May 17-19, 2002; “Lending rules trip up litigation-finance firms“, Dec. 3, 2001; Letter to the editor (incremental billing disclosed?), Oct. 22, 2001; “Law-firm bill-padding? Say it isn’t so!“, Nov. 18, 1999.
“‘Student gets diploma after threatening lawsuit’“, Jun. 13, 2002.
Truth value, 2002: “Lying’s not nice, especially when representing the bar“, Jul. 30-31; “Columbia Law School survey on public attitude toward lawyers“, Apr. 26-28; “‘Ex-student sentenced for rape lie’” (wants to become attorney), Jan. 11-13 (& see May 26-29, 2000: Stephen Glass graduates Georgetown Law). 2001: Criminal defense attorneys, doing what they do best“, Dec. 15-16; “‘Lawyers pay price for cruel hoaxes’” (phony heir claims after plane crashes), Aug. 3-5; “‘Lie-tery winners’“, April 20-22. 2000: “What was the Florida court thinking?” (Boies-submitted affidavit), Dec. 11-12; “‘Judge Lenient With Perjurer, Cites Clinton Case’“, Oct. 16-17 (& May 16); “The judge wasn’t asleep” (sanctions for submission of dubious affidavits), June 14-15. 1999: “If true, then all the better” (excerpt from Campos, Jurismania), Dec. 3-5; and see witness coaching, below.
“‘”Little” done for firm, Rendell says’” (law firms provide no-show jobs for politicians), May 9, 2002.
“‘Former clients sue attorney O’Quinn’” (Kennedy Heights case), Apr. 8-9, 2002 (& Aug. 4, 1999).
“Gary & Co. shenanigans at Maris trial“, Apr. 1-2, 2002.
“Lawyers stage sham trial aimed at inculpating third party“, Mar. 22-24, 2002.
Disclosure: “Lending rules trip up litigation-finance firms“, Dec. 3, 2001; Letter to the editor (incremental billing disclosed?), Oct. 22, 2001; “Trial lawyers knew of tire failures, didn’t inform safety regulators“, June 25 (& June 28)(& letter to the editor, July 6); Letter to the editor (ghostwriting), June 13; “ABA’s toothless ethics proposals“, Jan. 17, 2001; “Contingency fee reform“, Nov. 1, 2000.
Contingent fees, 2001: “Lending rules trip up litigation-finance firms“, Dec. 3; “Red-light cameras“, Sept. 6, 2001; “‘The Louima millions’“, July 24; “The rest of Justice O’Connor’s speech“, July 6-8; “Evils of contingent-fee tax collection, cont’d“, May 30; “Reclaiming the tobacco loot“, March 15; “Hugh Rodham’s ‘success fee’“, Feb. 23-25; “Dangers of tax farming“, Jan. 10 (& letter to the editor, Jan. 16). 2000: “Contingency fee reform“, Nov. 1; “‘Lawyer take all’” (equity stakes in clients), Oct. 27-29. 1999: “Piece of the action” (contingent fees for public officials), Dec. 3-5; “Reform stirrings on public contingency fees“, Oct. 15.
Witness coaching, 2001: “GAF sues asbestos lawyers“, Feb. 12-13, 2001 (& see Dec. 10). 2000: “‘N.Y. lawyer charged in immigrant smuggling’“, Sept. 22-24; “Sunday’s Times on Fred Baron“, June 5 (& see “Thanks for the memories” by Walter Olson, Reason, June 1998 and subsequent letters exchange with William Hodes). 1999: “State of legal ethics” (hey, what’s wrong with witness coaching?), Sept. 9.
“‘The Great Mouthpiece’” (Manhattan’s Bill Fallon, 1920s), Dec. 28, 2001.
“‘Halliburton shares plunge on verdict’” (law-firm whistleblowing), Dec. 10, 2001.
“‘2d Circuit Upholds Sanctions Against Firms for Frivolous Securities Claims’“, July 23, 2001 (more on sanctions: Jul. 30-31, 2002).
“Estate law temptations“, July 6-8, 2001; “Lawyers charged with $4.7 million theft from clients“, April 10, 2000; “Lawyers stealing less, clients say“, Dec. 21, 1999.
“Lost his live client, had to substitute dead one instead“, April 11, 2001; “Turn of the screw” (lawyers alleged to have sued without client consent), Oct. 24, 2000; “Curious feature of lawyer’s retainer” (allowed him to settle case without client consent), Sept. 12, 2000.
“‘It’s time to disarm the hired guns’” (Arianna Huffington), Feb. 28-March 1, 2001; “Trustworthy professionals” (survey of public confidence), Dec. 11-12, 2000.
“Fed prosecutors chafe at state ethics rules“, Oct. 16-17, 2000.
“Lenzner: ‘I think what we do is practice law’” (private investigator in Oracle scandal), July 28-30, 2000.
“Access to something” (lawyer accused of working for Social Security Administration while helping clients sue it), July 13, 2000.
“Ready to handle your legal needs” (Stephen Glass graduates Georgetown Law), May 26-29, 2000.
“Steering the evidence” (DaimlerChrysler gets sanctions against lawyers for evidence and witness tampering), May 23, 2000 (& update June 26).
“‘Ad deal links Coke, lawyer in suit’” (Willie Gary, suing Coca-Cola on behalf of clients, enters into a lucrative ad deal with it), May 11, 2000.
“Splash of reality” (sanctions for frivolous litigation in case of claimed Jackson Pollock painting), May 4, 2000.
“Brockovich story, cont’d: the judges’ cruise“, April 18, 2000; “Brockovich story breaks wide open“, April 17, 2000 (& see Dec. 21).
“Majesty of the law” (Phila. attorney Marvin Barish could face sanctions for allegedly threatening to kill opposing counsel during trial break), March 13, 2000; “Relax, you’re being taken care of” (Barish advances injury client’s rent and expenses), Dec. 14, 1999.
“Legal ethics meet medical ethics” (lawyers advise schizophrenic murder defendant to go off his medication for trial), Feb. 26-27, 2000.
“Secrets of class action defense” (assisting cooperative opponent to draft complaint), Feb. 25, 2000.
“Watchdogs could use watching” (fee-splitting in Florida securities cases), Jan. 20, 2000.
“The costs of disclosure” (lawyer reveals misconduct by client, judge), Jan. 19, 2000; “Pack your toothbrush, son” (Ala. law-firm whistleblower), Dec. 20, 1999.
“Popular CLE course: ‘How to Hammer Allstate’” (insurer charged with unauthorized practice of law), Dec. 22, 1999 (update, April 18, 2000).
“Splitsville, N.Y.” (New York mag on divorce), Dec. 17-19, 1999.
“Victory in Florida” (plaintiffs deliberately run up gunmakers’ costs for leverage), Dec. 14, 1999.
“Weekend reading: evergreens” (St. Petersburg Times Pulitzer series on probate law), Dec. 3-5, 1999; “From the evergreen file: L.A. probate horror” (estate of art collector Fred Weisman), Nov. 20-21; “Weekend reading: evergreens” (Denver probate nightmare), Oct. 23-24, 1999.
“Class action fee control: it’s not just a good idea, it’s the law“, Nov. 30, 1999; “Class action coupon-clippers“, Nov. 15; “$49 million legal fee okayed in case where clients got nothing“, Sept. 28, 1999.
“Accommodating theft“, Nov. 11, 1999.
“Who loves trusts-and-estates lawyers?“, Nov. 8, 1999.
“Criticizing lawyers proves hazardous“, Nov. 4, 1999 (update, Nov. 30); “No spotlight on me, thanks” (Houston’s John O’Quinn), Aug. 4, 1999.
“State of legal ethics” (lawyers take out glossy ad to stir up will-contest litigation), Oct. 5-6, 1999.
“Weekend reading: evergreens” (lawyer-abetted accident fraud), Sept. 25-26, 1999; “Wages of wrongdoing” (Staten Island lawyers convicted), Sept. 8, 1999.
“Join our new Verdict Rewards program” (checks for jurors), Sept. 13, 1999 (updates, Sept. 17-19, 1999 and Aug. 4-7, 2000).
“Cook County law bills a secret“, Sept. 11-12, 1999.
“My lawyer is an impostor“, Sept. 3, 1999.
“ABA thinks it can discourage ‘pay-for-play’“, Aug. 11, 1999 (& Aug. 14-15 update).
“Like calling the Orkin man to talk about bugs” (ABA convention), Aug. 10, 1999; “Weekend reading” (ABA choice of speakers), Aug. 28-29, 1999.
“No need for speed“, Aug. 3, 1999.
“Weekend reading” (at execution sale, law firm buys up client’s right to sue it for malpractice), July 31-Aug. 1, 1999.
“Honey, you’ve got mail” (solicitations from divorce lawyers arrive before unsuspecting spouses know they’re being divorced), July 15, 1999.
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Articles by Overlawyered.com editor Walter Olson: “Thanks for the memories” (coaching of witnesses), June 1998 (& subsequent letters exchange with William Hodes) “Tobacco Analysts Meet the Plaintiff’s Lawyers” (abuse of pretrial discovery), Wall Street Journal, August 30, 1995. “Juries on Trial“, review of The Jury by Stephen J. Adler and We the Jury by Jeffrey Abramson, Reason, February 1995. “Sue City: The Case Against the Contingency Fee“, excerpt from The Litigation Explosion, Policy Review, Winter 1991 [in two parts] [part one] [part two] “Dentists, Bartenders, and Lawyer Unpopularity“, Manhattan Institute Civil Justice Memo #37, April 1999. “Lawyers with Stethoscopes: Clients Beware“, Manhattan Institute Civil Justice Memo #26, June 1996. “Taming the Litigators: Why Not More Disclosure?“, Manhattan Institute Civil Justice Memo #24, February 1996. |
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Codes of ethics: ABA Center for Professional Responsibility Some online articles of interest: James McCauley, “The Ethics of Making Legal Services Affordable…” (Virginia bar; discusses unauthorized practice, pro se litigation) Rep. Chris Cox, Testimony on tobacco settlement (1997) Lawrence Schonbrun, “Class Actions: The New Ethical Frontier” (Manhattan Institute, 1996) |