Newark Star-Ledger’s Kate Coscarelli has a well-reported profile of the braggart impresario who, despite mounting ethical woes and a slew of client complaints, has been much lionized by a gullible press (especially overseas) through a series of international lawsuits from WWII reparations down through the tsunami-warning case. “Interviews and court documents paint a portrait of a colorful, erratic Essex County lawyer who cut his teeth on considerably less-ambitious personal-injury cases and whose troubles mounted over the years, even as he continued to file his ambitious string of international lawsuits.” The Star-Ledger tends to pull down its stories from free access fairly quickly, so don’t postpone reading this one (“How a world-renowned attorney wound up in handcuffs”, Mar. 13). We’ve been following Fagan for years: see Feb. 5, Feb. 16, and so on.
Archive for March, 2005
Wrong, with vengeance
My friend Eugene Volokh writes sensibly about nearly every other topic in the world, but yesterday revealed an inexplicable blind spot (Mar. 16) on some basic issues of crime and punishment. John Cole, Jonathan Wilde, Road to Surfdom, and Maimon Schwarzschild, among others, endeavor to set him straight (more trackbacks). Also see Jeff Jacoby, “Where’s the outrage on torture?”, Boston Globe, Mar. 15. More: he now says he’s been persuaded to change his view by Mark Kleiman’s post here, and Kleiman comments in turn.
FEC regulation of blogs
Some unreassuring reassurances from Sen. Russ Feingold (Patterico, Mar. 15; via Instapundit)(see Mar. 4). More: And Ryan Sager uncovers evidence of astroturfing going on in the whole campaign-finance-reform business (“Buying ‘Reform'”, New York Post, Mar. 17; more at his blog here and here). More: Mar. 31, May 20.
If you want $$$, just whistle
Mutiny of the bounty-hunted, cont’d: “the whistleblower law, adopted in 1986, [hands] informants as much as a 30% cut of any money recouped by the government. It was pushed by a public-interest lawyer who then launched a practice for whistleblower cases, pocketing millions…. Since then whistleblower cases have boomed, recovering $7.9 billion from offending companies — and paying out $1.3 billion to the insiders who ratted on the wrongdoers.” Unfortunately, the law provides employees with a big financial incentive to step forward with tales of wrongdoing which prove unfounded, or which depend on adverse interpretations of gray areas in law and regulation, or which expose misconduct in which they themselves had been enthusiastic participants. “Most times companies settle, whether they are guilty or not”. (Neil Weinberg, “The Dark Side of Whistleblowing”, Forbes, Mar. 14).
Nastygram in Luskin’s inbox
Economics columnist and blogger Don Luskin, subject to criticism in this space and many others in 2003 when he threatened legal action against another blogger, is now himself being threatened with legal action by Worth Publishers, a company that publishes a textbook by frequent Luskin target Paul Krugman. Worth is alleging defamation and copyright violations arising from one of Luskin’s blog posts last December. Just One Minute has the details (Mar. 8).
Blasphemy laws
Europe has them, and we’re lucky we don’t, says James Lileks (“Leave the Anti-Blasphemy Laws in Europe”, syndicated/Newhouse, Mar. 16).
Chimpanzee attack victim St. James Davis (update)
(For background and more detail, see previous entry, Mar. 8). Davis has had surgery to reattach his nose and lips, a tracheotomy, and more facial surgery Monday, while he fights off a lung infection. The Davises’ attorney, Gloria Allred, says “the family had not ruled out legal action against the sanctuary’s owners.” Mrs. Davis also implied that there would be further negotiation or litigation to have their pet chimpanzee, Moe (not involved in this attack, though he’s bitten others) returned to live with them in their California suburb. (Claudia Zequeira, “Chimp Attack Survivor Struggles With Recovery”, LA Times, Mar. 16; AP, Mar. 15).
Richard Kreimer rides again
New Jersey: “A homeless man who sued and received $230,000 after being ejected from a library in Morris County is now suing NJ Transit for kicking him and other homeless people out of train stations.” Richard Kreimer, who has filed many suits over the years, is asking for $5 million. (“Homeless man who sued library takes on NJ Transit”, AP/Asbury Park Press, Mar. 15; John Cichowski, “Some riders wear suits, some file them”, Hackensack Record, Mar. 15; Ronald Smothers, “Homeless Gadfly Returns, Warming Up Lawsuits”, New York Times, Jan. 21). “‘As soon as you walk into a train station and you look like a bum, the cops come right over to you,’ Kreimer said.” (“Homeless Man At Home In Court”, New York Post, Mar. 15). For more background, see John Cichowski, “Duffel-bag lawyer takes on the City of Brotherly Shove”, Hackensack Record, Feb. 26, 2004. Update Feb. 25, 2006: Kreimer obtains settlement from bus company.
HIPAA and small towns
What were once thought of as neighborly acts of kindness now pose too great a risk of medical privacy violations under federal law (Joe Ruff, “Communities Adjust To Medical Privacy Laws”, AP/ABC News, Mar. 12; via KevinMD). For more on the Health Insurance and Portability and Accountability Act, see Feb. 5, 2004 and links from there. More: the Michigan Medical Malpractice blogger says the hospitals are overreacting and a little gathering of permissions from patients/families should fix most of the problems (Mar. 17).
“Family of protester killed by bulldozer suing Caterpillar”
“The parents of a 23-year-old activist killed while trying to prevent the demolition of a Palestinian home have sued Caterpillar Inc., the company that made the bulldozer that ran over her. The lawsuit, filed Tuesday in U.S. District Court here [in Seattle], alleges that Caterpillar violated international and state law by providing specially designed bulldozers to Israeli Defense Forces, knowing the machines would be used to demolish homes and endanger people.” Cindy and Craig Corrie, parents of the late Rachel Corrie, live in Olympia, Wash. (Elizabeth M. Gillespie, AP/Seattle Post-Intelligencer, Mar. 16). Update Mar. 25, 2006: family appeals judge’s dismissal of lawsuit.