Archive for November, 2007

Hotel owner might sue over gloomy hurricane forecasts

“Central Florida’s most famous hotel owner, Harris Rosen, lashed out at hurricane expert Dr. William Gray for his gloomy storm predictions saying they have damaged state tourism. Rosen said he believes Florida lost billions of dollars in business because of Gray’s outlook and even threatened a lawsuit. ‘Look, doctor, you’ve made these forecasts and you were wrong once,’ Rosen said. ‘You made the forecast and you were wrong twice. Are you going to continue to make these forecasts?'” (“Hotel Mogul Threatens Lawsuit Over Hurricane Expert’s Gloomy Forecasts”, WKMG/Local6.com, Nov. 29). And: more thoughts from Florida Masochist.

Scruggs indictment, day two

David Rossmiller at Insurance Coverage Blog (who’s also a co-blogger of mine at Point of Law) continues to be the must-read source on this sensational story and its fast-breaking developments. He’s posted a PDF of Jones v. Scruggs, the lawsuit before Judge Lackey by lawyers who say they were cut out of Katrina fees. He also offers some answers to the question posed by a commenter at Above the Law, who asks, “What kind of cheap-o offers a $40,000 bribe to resolve a dispute over $26.5 million in attorneys fees?!” (To begin with, the ruling sought from Judge Lackey would not have disposed of the fee claim, just sent it to arbitration.) Martin Grace scents a ripe irony in the fee-dispute lawsuit, noting that it charged Scruggs with engaging in the same sorts of tactics toward fellow lawyers that he regularly accused insurers of practicing toward their insureds: “lowballing claims and producing fake documents in support of the claims.”

Jeralyn Merritt at TalkLeft writes that Judge Lackey “presumably [agreed] to tape his calls with the defendants. I suspect the F.B.I. also got a wiretap on Scruggs’ or his co-defendants’ phones, since there are several calls described in the Indictment that don’t involve Judge Lackey. Getting a wiretap on a law firm’s telephone is unusual — particularly due to the substantial and cumbersome minimization efforts required to ensure that calls of clients and lawyers unrelated to the criminal investigation are not overheard.” At the Jackson Clarion-Ledger, columnist Sid Salter has more on co-defendants Tim Balducci and Steve Patterson. A PDF of the indictment is here.

The internal cohesion of the anti-insurer lawyer consortium known as the Scruggs Katrina Group (SKG) appears at present to be under extreme pressure. Rossmiller reports that “policyholder lawyers in general tell me they are seething over Scruggs” and in particular that at least some lawyers who have been his allies “don’t want their names and their cases tarnished with the Scruggs name”. On Thursday an extraordinary contretemps developed in which SKG co-founder Don Barrett of Lexington, Miss. sent a letter (PDF) to a judge hearing Katrina cases against State Farm, suggesting that SKG was being re-formed without Scruggs and would take over the litigation with he, Barrett, as lead counsel (Lattman, WSJ). Within hours, Scruggs had dispatched a letter of his own (PDF) saying that Barrett was misinformed, that it was up to plaintiff families to decide who they wanted to represent them, and that many would undoubtedly wish to retain Scruggs (second posts at Lattman and Rossmiller). As of Thursday evening, the Scruggs Katrina Group website has prominently posted the Scruggs letter but not the Barrett one; one might speculate that if some sort of split within SKG is imminent, the website operation, at least, may have maintained loyalty to the Scruggs side.

On the statewide political repercussions, see Majority in Mississippi, Sid Salter at the Clarion-Ledger, and Chris Lawrence at Signifying Nothing, who also quotes Salter in a comment thread predicting: “The next sob story will be that Dickie’s indictment is about Bush administration persecution of trial lawyers and a rehash of Paul Minor’s problems.” Take it away, Adam Cohen and Scott Horton!

On political repercussions nationally, it didn’t take long for the Hillary Clinton campaign to cancel the Scruggs-hosted fundraiser that was to have been headlined by husband Bill Clinton next month (Associated Press, WSJ Washington Wire). The North Dakota political blog Say Anything thinks politicos in that state should return the (rather substantial) sums they have received from Scruggs and colleagues, but one may reasonably assume that such calls will be ignored, just as elected officials have been in no hurry to divest themselves of the booty collected from such figures as felon/mega-donor William Lerach.

Where are Scruggs’s admirers and defenders? One can only suppose that somber music is playing in the corridors at the business section of the New York Times, which has run one moistly admiring profile of the Mississippi attorney after another in the past couple of years. As of 3 p.m. Thursday, the Times’s very restrained story on the indictment was in a suitably inconspicuous position on the paper’s online business page — the 15th highest story in the left column, in fact. The story, by serial Scruggs profiler Joseph B. Treaster, quotes the relatively ambiguous line attributed to defendant Timothy Balducci — “All is done, all is handled and all went well.” — but omits the far more smoking-gunnish “We paid for this ruling; let’s be sure it says what we want it to say.” And things are anything but upbeat at Mother Jones, where Stephanie Mencimer concedes that she finds the indictment “pretty damning“.

More links: Paul Kiel, TPM Muckraker (indictment “devastating… it doesn’t look good for Scruggs”); Legal Schnauzer (defender of Paul Minor distinguishes the two cases); WSJ interview with Judge Lackey (sub-only) and editorial (free link), Rossmiller Friday morning post (certain details in indictment suggest that a conspiracy insider, possibly Balducci, may have cooperated with prosecutors)(& welcome Instapundit, Point of Law, TortsProf, Adler @ Volokh, Open Market, Y’allPolitics, Majority in Mississippi, Rossmiller readers).

San Fran fireplace ban?

Time running out to roast chestnuts by an open fire: “Under the auspices of the Bay Area Air Quality Management District, ‘public hearings’ are being held to determine the fate of the family hearth. Those of us who live in rural areas have a pretty good idea what the outcome is going to be.” (Jeffrey Earl Warren, “Should fireplace fires be banned?”, San Francisco Chronicle, Nov. 22; Jonathan Curiel, “Smog board wants to ban wood fires on bad-air nights in winter”, Nov. 6). This has been building for a while (Dec. 27, 2002; Dec. 24, 2001; Feb. 28, 2001). Related: Denis Cuff, “Air quality agency has beef with charbroiling smoke”, InsideBayArea.com, Nov. 28.

Judge locks up 46 people over ringing cellphone

Jurists behaving badly dept.:

According to the commission report, [Niagara Falls, N.Y. city court judge Robert] Restaino was presiding over a domestic-violence case when a ringing mobile phone interrupted proceedings. When no one took responsibility for the ringing phone, Restaino ordered that court security officers search for the device.

About 70 defendants were in the courtroom that day to take part in a monitoring program for domestic violence offenders. … After all the defendants denied having the phone or knowing who it belonged to, Restaino sent 46 people to jail. Fourteen who were unable to make bail were handcuffed and jailed for several hours.

The New York state Commission on Judicial Conduct removed Restaino from office Tuesday, calling his action “a gross deviation from the proper role of a judge.” (Janine Brady, “Panel gives judge a ringing rebuke”, CNN, Nov. 28; Elefant, Nov. 28).

ABA Journal “Blawg 100”

The ABA Journal has named Overlawyered to its inaugural “Blawg 100”, one of thirteen sites labeled “Generally Speaking”, i.e., generalist law sites. In fact, you can vote for us here as best of category if you like. Note also that another of the thirteen is my and Ted’s other site, Point of Law. Howard Bashman’s ever-popular How Appealing at Law.com is currently leading in the balloting, but our sites are at present doing well in the competition, with Point of Law at #4 position and Overlawyered at #2 (cross-posted, in slightly altered form, from Point of Law).

P.S. Ernie the Attorney, as usual unfailingly generous, has some comments about the history of the blawg form, as well as the story of a New Orleans photo not taken.

And now we’re in the lead — even though, as another of our generous brethren states the case, “for every vote that QuizLaw gets, an angel is granted a demurrer”.

Scruggs indicted on bribery charge

“A federal grand jury today indicted one of the nation’s most successful trial lawyers, Richard F. Scruggs, on criminal charges that he and other lawyers engaged in a scheme to bribe a judge.” The 13-page indictment charges five lawyers, including Scruggs and his son and law partner Zach, with offering Mississippi state judge Henry Lackey $40,000 for favorable action in a lawsuit filed against the Scruggs firm over Katrina insurance fees. “The indictment says Judge Lackey, who sits in Mississippi’s Third Circuit Court District, reported the ‘bribery overture’ to federal authorities and agreed to assist investigators in an ‘undercover capacity.'” (AP/New York Times, Nov. 28; Biloxi Sun-Herald).

Jerry Mitchell of the Jackson Clarion-Ledger is out front on the story, reporting: “Some of the conversations between Balducci and the judge were apparently taped,” and reporting alleged language uttered by some of the indicted lawyers, including: “We paid for this ruling; let’s be sure it says what we want it to say.” (“Scruggs arrested on bribery charges”, Nov. 28). David Rossmiller is following developments at Point of Law and at his blog, where he has a PDF of the indictment.

More: Y’all Politics has considerable reader comment about the implications for other Mississippi political figures, and notes drily that “for starters, Dickie Scruggs fundraiser for Hillary Clinton on December 15th featuring Bill Clinton, will likely be cancelled.” Many sites, including Michelle Malkin’s, RedState, and Tim Noah’s “Chatterbox” at Slate, are speculating on the close proximity of these developments to the surprise retirement of Scruggs’ brother-in-law, Sen. Trent Lott.

Child support collection, for a percentage

Once again, the combination of contingency fees and law enforcement spells trouble: an article by Tresa Baldas in the National Law Journal reports that controversy is mounting over the activities of private firms that go after noncustodial parents’ child support obligations in exchange for a percentage share of the bounty (“Suits collecting around child support collectors”, Sept. 17, no free link). “Critics of the industry — many of them lawyers — claim that private collectors of child support are engaging in predatory practices, such as charging excessive contingency fees as high as 50%, and using aggressive collection tactics that run afoul of federal laws.” The private agencies escape the scrutiny of federal debt collection laws and have been operating effectively without regulation, but state lawmakers are now moving to fill the gap, with 13 states having passed laws intended to protect the services’ clients (if not always their adversaries) by capping fees, prohibiting the agencies from collaring state-directed payments, and giving clients more leeway to withdraw from contracts.

Read On…