Just might be a police investigator. [Radley Balko, LaCrosse Tribune, Patrick at Popehat]
Archive for November, 2009
Jerry Brown’s “toxic clothes” crackdown
Rick Woldenberg talks back to the California attorney general, and also raises some questions about Proposition 65 and the finances of the freelance enforcers in the case, the Center for Environmental Health (CEH). Two years ago we covered CEH’s crusade against the iPhone. More: Darleen Click/Protein Wisdom and a followup from Woldenberg.
“Red Hat Club” author loses suit over portrayal
A Hall County, Georgia jury has awarded $100,000 in damages to a woman who said that a character in the best-selling novel “The Red Hat Club” was recognizably based in part on herself, and was falsely portrayed as an “alcoholic slut.’ The lawsuit also named New York-based St. Martin’s Press (which, I should mention, is the publisher of my own book The Rule of Lawyers). [Gainesville Times, OnPoint News, decision in PDF]
More: Fulton County Daily Report (per defense counsel, jurors “were essentially instructed that, in Georgia, modeling a fictional character after a real person is a strict liability offense.”)
“How Litigators Tried to Sneak a Pet Earmark into Health Reform”
The Progressive Policy Institute (!) criticizes a provision almost snuck into the health-care bill that would have been a windfall for trial lawyers at the expense of the rest of us. Earlier and earlier on Overlawyered, which was the first to publicize the provision.
November 24 roundup
- “California’s Largest Cities and Counties Spent More Than $500 Million in Litigation Costs in Two Years” [CACALA]
- Violence Policy Center blames handgun carry permits for offenses that include … strangulation? [Sullum]
- New allegations in New York school district lawyers pension scandal [Newsday]
- Plush doll twade dwess dispute made Tonstant Weader fwow up [Schwimmer]
- “School Hit With a Lawsuit over Dodgeball Game Injury” [FindLaw “Injured”, Bronx]
- Too bad judges are so reluctant to sanction lawyers for filing papers that contain false assertions [Coleman]
- Hundreds of asylum clients could be deported after law firm founders are convicted of fraud [ABA Journal]
- Congratulations to superlative juryblogger Anne Reed, picked to run Wisconsin Humane Society [Deliberations; also Turkewitz]
Coshocton pulls WiFi
An Ohio town discontinues its municipal WiFi network after MPAA lawyers rattle swords about a copyrighted movie that moved through the system. Andrew Moshirnia at Citizen Media Law explains. And (h/t reader CTrees) note that the town turned the system back on at Sony’s request, following a national outcry over the incident.
And at least somewhat relatedly: “Viacom’s top lawyer: suing P2P users ‘felt like terrorism'” [ArsTechnica]
Don’t
A bright-line rule in legal ethics: don’t order that witnesses be killed [Philadelphia Inquirer, WSJ Law Blog on prosecutors’ allegations in a case against New Jersey criminal defense lawyer Paul Bergrin]
Gene Cauley gets seven years
The Arkansas plaintiff’s lawyer says he was too embarrassed to make layoffs as his finances turned sour, which is why he stole the $9.3 million in class-action settlement funds [WSJ Law Blog, ABA Journal] Earlier here, here, and here.
More from Kevin LaCroix:
An earlier WSJ.com Law Blog post reported (here) that Cauley was in fact a protégé of Bill Lerach. Today’s article on Bloomberg (here) about Cauley’s criminal sentencing notes that Cauley joins a growing list of plaintiffs’ securities class action attorneys who have “been jailed for felonies,” including Bill Lerach himself and his former law partners, Mel Weiss, Steven Schulman and David Bershad, and including even Marc Dreier.
These gentlemen of course made their living for many years accusing corporate officials of fraud. Ahem. Yes, well…isn’t ironic, don’t you think?
Update on Ogborn v. McDonald’s
Those of you who have attended my “Law of McDonald’s” talks in California and Florida may recall the case of the strip search hoax. A Florida man who was unusually persuasive would call dozens of fast food restaurants until he could find someone who would believe he was with the police and who would disrobe employees (or themselves) at his instructions; though there have been other lawsuits seeking to blame the fast food restaurants for this, courts have generally thrown them out. One exception was the case of Ogborn v. McDonald’s, where two targets of the hoax successfully sued for millions. On Friday, the Kentucky Court of Appeals largely affirmed the lower court judgment, though it reduced the punitive damages received by Donna Summers (who gave an Alford guilty plea for her role in the strip search) from $1 million to $400,000. McDonald’s hasn’t yet decided whether to appeal to the Kentucky Supreme Court. (Andrew Wolfson, “Appeals court upholds $6.1 million strip-search verdict against McDonald’s”, Kentucky Courier-Journal, Nov. 20, via ABA Journal).
Competition through litigation (ad division)
The New York Times doesn’t have statistics, but its reporter thinks Lanham Act litigation (filed by companies against their competitors over allegedly misleading advertising) is on the rise these days.