Archive for November, 2007

November 16 roundup

Federalist Society convention in Washington

At the Federalist Society 25th anniversary convention in Washington this weekend, I’ll be on a panel discussion tomorrow morning (Friday) with lawprofs Ted Eisenberg (Cornell) and David Vladeck (Georgetown) and famed reformer Victor Schwartz (Shook, Hardy & Bacon). Do come up and say hi afterward if you’re in the audience. Look for Ted who’ll also be attending, as well as other names familiar from this site.

Update: Erin Brockovich vs. Beverly Hills High School

After the glamourpuss tort-chaser’s campaign over environmental contamination at the high school met with one reverse after another in court, ending in a judicial ruling of no merit, plaintiff’s lawyers have now agreed to reimburse the city and school district of Beverly Hills for a not insignificant chunk of their legal expenses in defending the claims, in the sum of $450,000. As readers of this site know, prevailing defendants very seldom recover fees from losing plaintiffs or their lawyers in American litigation. The Civil Justice Association of California has details (Oct. 9).

This summer Viking published a book by journalist Joy Horowitz entitled Parts Per Million: The Poisoning of Beverly Hills High School which, as its subtitle implies, would appear to place much credence in the lawsuits’ claims of disease causation from oil wells on the high school campus (undated L.A. Times review by Robin Abcarian). For the side of the story that proved more convincing to the courts, see the work of Norma Zager and Eric Umansky here and here as well as this article in Time. Brockovich herself, incidentally, now has a blog of her own.

“The tackiest lawyer advertisements of all time”

Norm Pattis makes a couple of nominations from the local crop he sees in Connecticut (Nov. 14). To me, at least, “Lady DUI” doesn’t sound as bad as Pattis’s choice for a “close second”, which

goes to a firm boasting that it can get every dime possible for you if you are injured. The lawyer intoning this commitment stands slapping baseball bat into an open hand. What does he do, beat the adjuster to death for an extra dollar or two?

Must have been a typo

That’s what San Francisco lawyer Waukeen McCoy says of a revelation that his firm billed Federal Express for 23.5 hours of one of its attorneys’ time over a single day. The fees were requested, and disputed, after McCoy’s firm and others beat FedEx in an employment discrimination case. (Dan Levine, “Former Co-Counsel Turn on Each Other in FedEx Fee Fight”, The Recorder, Oct. 26). P.S. Australian lawyer Stumblng Tumblr writes, “of course it was; it was supposed to be 24.5 hours”.

Party like it’s a Vioxx settlement

Actually, attorney Mark Lanier’s massive bash, for thousands of attendees “including, seemingly, every judge and politician in Texas”, would have gone forward whether or not Merck had plunked down billions, and with Lanier saying he expects only $30 million in fees plus $10 million in expenses in the affair, which was once expected to yield a much bigger payday, the atmosphere might even be subdued. (Lattman, Nov. 13). Earlier coverage of Lanier Christmas parties here and here; the only parties we’ve heard of to compare are Willie Gary’s.

“‘Hannah Montana’ fan club sued over tickets”

Class action lawyers say the club led fans to buy memberships on the assumption that they’d get an inside track to tickets for performances by the teen phenomenon. Instead, the concerts have proved to be the year’s hottest ticket and fans have been left to buy from scalpers or go without. “The Web site does not guarantee ticket availability, but represents that members who log on shortly after tickets become available will have a good opportunity to get them, according to the lawsuit.” (AP/CNN, Nov. 13). More: Lattman.