Archive for August, 2008

National Journal Bloggers Poll

I’m on the panel of bloggers polled by National Journal in its “Convention Daily” feature. Other familiar names include Betsy Newmark of Betsy’s Page, Patrick Frey of Patterico, and Jonathan Adler of Volokh Conspiracy. It’s a secret ballot, so I’m not going to say how I voted.

Also, thanks to the U.K.’s The Lawyer for their kind words on our recent ninth anniversary (Jul. 7); they describe us as the “grand old dame presiding over the world of legal blogs”, which I’m afraid tends to conjure up Dame Edna. And a blog item by Ed Mendel at the San Diego Union-Tribune (Jun. 26) gave a mention to our brief Bill Lerach rebuttal item in Portfolio, for which thanks too.

A couple of other mentions in recent months: Jane Daniel quoted me in Publisher’s Weekly in an article on litigation against small publishers (“So (Don’t) Sue Me: A small press faces the wrath of an unhappy author”, May 12). And Keithius of CoreDump writes (Jul. 21) that he is “reading Overlawyered again. I stopped reading for a while because it just depressed me.” Let’s all try to cheer him up.

More on Joseph Biden

David Harsanyi on MADD

The group radiates an intransigent, “there is no permissible debate” attitude on its subject, and “there is no politician who has the audacity” to call its bluff (“Let’s chuck the drinking age”, Denver Post, Aug. 21)(via Protein Wisdom). Earlier on the so-called Amethyst Initiative (to reconsider the 21 year old age limit) here, with many reader comments.

More: Steve Chapman, with whom it is rare for us to disagree, takes the opposite view (syndicated/Washington Times, Aug. 24).

Sen. Biden and the trial lawyers

The Delaware senator tapped as Obama’s running mate has just announced that he’s giving away to charity campaign contributions from participants in the Scruggs scandal, no doubt preparing for scrutiny of a set of connections that have already gotten considerable attention in the blogosphere [ABA Journal, NMC @ Folo, YallPolitics, Lattman @ WSJ law blog, Rossmiller, our own mention]. Lotus @ Folo wonders if the McCain camp will risk bringing up Scruggsiana given their own candidate’s former dealings with the disgraced lawyer.

In 2005, Sen. Biden praised “bottom-feeders” (his term) in the legal profession, saying it was worth it to let them collect big fees “to stop bad guys from doing bad things”. In another account, the Senator “began pounding the table in opposition to the bill [Class Action Fairness Act] as he praised plaintiffs attorneys”. On Sen. Biden’s overall alignment with the general trial lawyer cause, see our earlier links here, here, and here.

Members of Biden’s family, including brother Jim Biden and son Joseph (“Beau”) Biden III, who serves as Delaware attorney general, have figured in many news stories about the senator’s connections with the practicing law world. The state of Delaware, renowned for the high caliber of its legal system, has lately attracted an influx of asbestos lawsuits filed on behalf of residents of other states, a trend criticized by guestblogger Steven Hantler (of the Chrysler Corporation) last year. Credit-card companies are a mainstay of the Delaware economy, and Marc Ambinder notes Biden’s having “pushed the bankruptcy bill that Dems now hate”.

Orin Kerr @ Volokh, who is from Delaware himself, likes the Senator.

More: Carter Wood @ PoL on the Senator’s rating of “zero” on legal reform as judged by NAM. See also Ted’s further post. Open Secrets covers the Senator’s campaign finance. And now, as Lotus @ Folo notes, the AP’s Pete Yost and Holbrook Mohr have jumped on the Mississippi connection.

New figure in Edwards scandal: attorney Lee Rohn (update: denies story)

Aficionados of the John Edwards-Rielle Hunter scandal may have noticed a new attorney’s name cropping up in news reports: Lee Rohn of the U.S. Virgin Islands. From the New York Daily News:

One day before Edwards went public with the affair, Hunter and 6-month-old daughter Frances were flown to the Virgin Islands on a chartered jet, the Enquirer reported.

The $50,000 trip was paid for by friends of Edwards. The newspaper also said she stayed at the oceanfront home of another Edwards’ pal, lawyer Lee Rohn.

(Larry McShane, “John Edwards promised Rielle Hunter they’d be together – report”, Aug. 20)(via ABA Journal)(Update: Rohn vehemently denies the Enquirer story as false, saying she neither hosted Hunter nor is close to Edwards; see below). Readers may be wondering: is Rohn yet another attorney whose doings are going to make irresistible copy for a site like this, much as with Edwards chum/Democratic moneyman/perennial Overlawyered mentionee Fred Baron? To which the answer would appear to be, “you bet”:

St. Croix attorney Lee Rohn has stirred up a chorus of criticism and complaints about her professional practices both inside and outside the courtroom.

Her most vocal critics have been opposing parties or counsel in lawsuits she has filed. They have alleged a wide spectrum of professional conduct violations.

Among Rohn’s frequent targets is Innovative Communication Corp., which runs the Virgin Islands’ local telephone provider and the islands’ newspaper, and whose lawyers say they’ve lost count of how many times she’s sued them. The company’s chairman, Jeffrey Prosser, has called in vain for Rohn’s disbarment, complaining of “intolerable” and “abusive” instances of “ethical misconduct” as well as “vitriolic” public attacks: “In some cases with us, she coerced her clients to sign documents that were knowingly false [and] ignored judge’s orders on limits of discovery inquiry during depositions,” he wrote.

In 2002, Rohn publicly blasted one of the islands’ two federal district judges, Thomas Moore, accusing him of inappropriate behavior, and Moore recused himself from some of her cases citing the antipathy. Subsequently, after she moved to demand Moore’s recusal from yet another of her cases, he refused, stating in his written ruling, “I believe attorney Rohn’s personal attack on one of the two sitting judges in this jurisdiction was nothing more than a calculated litigation tactic that would be labeled ‘judge shopping’ in most places.” Moore, who has sanctioned Rohn for insulting and profane language toward witnesses and court personnel, wrote in another case, in which the Caribbean Geoffrey Fieger “sought to compel testimony from all the federal judges in the territory”:

“Nothing Lee Rohn does surprises me anymore, although subpoenaing all the federal judges in the jurisdiction is a high point of ingenuity and creativity in attempting to manipulate the system,” Moore wrote.

“I do not believe, however, that an attorney should be allowed to use her calculated personal attack on a sitting judge as a technique to prevent that judge from presiding over any of her cases, especially in a small district with only two judges.”

A few weeks ago, it may be recalled, we looked at the question of lawyers’ public denunciations of judges and whether they do or should result in recusal by those judges. (Jason Robbins and Lee Williams, “From judges to opponents, Rohn has no shortage of harsh critics”, Virgin Islands Daily News, Mar. 29, 2004 — the newspaper, it bears repeating, and its parent company have been frequent targets of Rohn’s litigation, as in this libel case arising from her airport pot bust). Death by a Thousand Paper Cuts has more, including a picture of the Rohn villa.

The National Enquirer, which keeps breaking new developments in the story, is now reporting that “a team of six more lawyers have been involved in the coverup”. They can’t all be as interesting as Baron and Rohn, can they?

Update Fri. 8:20 p.m.: the Daily News reports Rohn categorically denies the story’s truth:

The Enquirer quoted Virgin Island pol Anne Golden as saying Hunter stayed for 10 days in an oceanfront home owned by prominent St. Croix lawyer Lee Rohn.

Rohn hotly denied that to the Daily News and vowed to sue.

“It is absolutely false,” she told The News. “The Enquirer knows the story is not true as they sat on a hill above my house for a week with telephoto lenses and video cameras and had no sighting of her. The guest cottage she was supposedly staying in is under construction and has no floor.”

Rohn said that while she donated money to Edwards, she is not friends with him. Records show she gave $2,300 to Edwards a year ago and another $2,300 to Barack Obama early this year.

(Helen Kennedy, “John’s island girl Rielle fled to St. Croix on eve of cheating flap”, Aug. 21). And — hat tip to commenter Ken Floyd — the opinions of heated Rohn critic Jeffrey Prosser, the newspaper/telephone magnate, should be evaluated in the perspective of his own controversial and colorful business record, which recently culminated in high-profile bankruptcy proceedings involving his Innovative Communication empire. Some sources on that here, here, here, and here. For more background on the recusal disputes involving Rohn and Judge Thomas K. Moore, see this Moore opinion (U.S. v. Roebuck, PDF) and this Third Circuit opinion (Selkridge v. Mutual of Omaha, 360 F. 3d 155). DBKP wishes it had been a fly on the wall during an AAJ award ceremony honoring Rohn. And see commenter #7 below who seems to have been doing considerable digging.

Emotional distress from seeing victims in other vehicle

Ronald Miller (Maryland Injury Lawyer Blog) on a case called Jarrett v. Jones: “The Missouri Supreme Court found [July 29] that a truck driver who was in a truck accident with another driver can sue for the emotional damages he suffered when he saw the dead victim in the other car. I’m not sure the decision is legally wrong. But it would not fly in the court of Moral Justice court.” (Aug. 8).

August 22 roundup

  • “Law school is not such a leap” for licensed Nevada prostitute’s next career move — hey, we didn’t say that, Robert Ambrogi at Law.com did [Legal Blog Watch, Bitter Lawyer]
  • Today’s representative class-action plaintiff: “For five years, her diet consisted almost exclusively of Chicken-of-the-Sea tuna…” [PoL]
  • Prolific California disabled-access filer Jarek Molski ordered to pay fees for “scorched-earth” tactics in one case, but wins a second [Metropolitan News-Enterprise via Bashman]
  • Another sperm donor surprised by legal obligation to pay child support [Santa Fe, N.M. Reporter; earlier]
  • “Lawyer Fees Jumped 50% After Bankruptcy Law Change” [ABA Journal]
  • “Whatever it takes to win a case”, and checking out jurors’ Facebook profiles is the least of it [NLJ]
  • High-profile U.K. attorney Nick Freeman registers his nickname “Mr. Loophole” [Times Online a while back]
  • When can a plaintiff claiming sexual assault sue anonymously? Courts will apply mushy balancing test [NYLJ]
  • Hold on to your hats, looks like Geoffrey Fieger is online [Fieger Time]

Judge Ernest Murphy to step down

His libel suit against the Boston Herald may have been a lucrative success, but the “fascinatingly repellent” letters he sent to the paper’s publisher drew the adverse attention of the state’s Commission on Judicial Conduct. [WSJ law blog, Aug. 21]. Full saga here.

More: Globe (Murphy, “who has said he suffers from post-traumatic stress because of his legal battle with the Boston Herald and the newspaper’s stories about him, has been on a paid leave of absence since July.”). The Herald’s coverage includes side stories on Murphy’s wish for a taxpayer-provided lawyer and the question of whether his cases will need to be reopened, as well as an unsparing Howie Carr column on the ins and outs of “involuntary disability” pensions for judges (“ask yourself this: If you or I wrote ‘allegedly threatening’ letters to somebody, would we get a disability pension, or a visit from the cops?”).