- No imprisonment for debt, except when owed to a lawyer? Texas man who didn’t pay $1,750 attorney fee jailed for 30 days [ABA Journal; Jonathan Skero]
- Exploding-bra claim against Victoria’s Secret “does not specify how the injury occurred” [Greenville, S.C. News]
- We’re all set to close on your mortgage refinance, and while we’re at it could I interest you in a class action over courier fees? [Madison County Record]
- So long we elect state court judges, they’ll never escape taint associated with need to campaign [J.D. Hull, What About Clients?]
- Milberg now argues any forfeiture of proceeds from tainted cases should be confined to its actual net profits, not gross fee revenue — would it have let off defendants it sued so easily? [Gerstein, NY Sun]
- Tom Goldstein of Akin Gump (SCOTUSblog) has a spoof “Call 1-CER-TIORARI” TV ad hawking his Supreme Court advocacy [YouTube]
- New at Point of Law: Colorado unions’ revenge initiatives; Dennis Quaid at Congressional hearing on federal pre-emption; guess why Orlando isn’t getting commuter rail; drafting docs for ER duty; court green-lights suit blaming U.S. business for South African apartheid; what we can learn from defunct causes of action; Rhode Island high court mulls lead paint suit; and Ted on Massachusetts med-mal study and on reversal of $32 million Garza v. Merck Vioxx verdict.
- Managers at Tim Horton may have been ninnies to fire worker who quieted crying child by giving out free mini-donut, but today’s law does tend to ninnyize those in authority [Cosh/National Post, Canada]
- Jonathan Rauch isn’t overjoyed at California high court marriage ruling [Independent Gay Forum; more from Kmiec, Lederman and others at Slate and from Eugene Volokh] More: Steve Chapman via Sullivan and Dale Carpenter @ Volokh.
- Road delayed at £1million expense, and then great crested newt turned out not to be there [Leicester, U.K.; Ananova]
- Why trial lawyers were pleased when Boeing moved its HQ from Seattle to Chicago [seven years ago on Overlawyered]
Filed under: Alien Tort Claims Act, attorneys' fees, Colorado, forum shopping, lead paint, Madison County, Marc Rodwin, Massachusetts, Milberg Weiss, Rhode Island, roundups, Seattle, South Africa, Vioxx
Regarding the first story linked, it is not entirely accurate that “[i]ndividuals can’t constitutionally be imprisoned in Texas for failing to pay a debt.” There’s a Court of Appeals decision (the name of which escapes me at the moment) that specifies that the constitutional provision at issue solely applies to those incapable of paying the debt. When the debt has been reduced to a final judgment, flagrant refusal to pay despite having the means can result in imprisonment for contempt in Texas. The opinion in the Skero case states that he did not “challenge the trial court’s finding that he had the ability to pay the attorney’s fees.” So the trial court’s decision probably could have been upheld on this basis as well (though it goes unremarked in the appellate court’s opinion).
[…] Not to be confused with the exploding-bra claim against Victoria’s Secret this spring from South Carolina, the original coverage of which is still available on GoogleCache […]