Plaintiff’s lawyers agreed to seek a maximum of $99.9 million in fees in the settlement of the Cobell class action over federal mismanagement of Indian tribal trust funds. Now, however, a different number has suddenly appeared on the agenda: $223 million. [National Law Journal]
Archive for February, 2011
“Let us know of a slippery location”
A Wisconsin personal injury firm wants locals to send them word of icy conditions in shopping walkways and suchlike places — as part of a public service campaign, it goes without saying. [Bruce Vielmetti, Milwaukee Journal Sentinel; Warshafsky law firm Spread the Sand]
Autopsy forensics
NPR, ProPublica and FrontLine collaborate on an extensive investigation of the many problems with coroners’ and medical examiners’ role in death investigation.
“I have to talk with my client”
The Namby Pamby offers tips for settling low-value cases. Extensive use of Angry Birds is recommended.
February 2 roundup
- Many of the best New Jersey sledding slopes are off limits now: “Litigators ruin pretty much everything” [Bainbridge]
- Granola bar trans-fat lawsuit leaves Russell Jackson unimpressed;
- “Criminal barbering”: license lapse gets 82-year-old Oregon hair-cutter in legal trouble [Perry]
- Tomorrow’s economy won’t thrive if municipal authorities strangle innovative businesses where they incubate [Conor Friedersdorf, City Journal]
- Need to bring property taxes under control? Try litigation reform [NJLRA]
- Convicted at height of 90s child-abuse prosecution fever, Ohio pair seek to reopen case [Briefcase] More: Balko.
- Here’s an idea: “Let the shareholders decide if SOX is worth the costs.” [Ribstein]
- Retired Massachusetts attorney found in possession of stolen art trove [five years ago on Overlawyered] Updates courtesy reader Ronald Stimbert: Legal Blog Watch 2008 (attorney convicted); Cape Cod Times 2010 (paintings returned to owner).
“Golfer Gored by Gator Sues Course Over Pond Design”
“A golfer whose arm was torn off by an alligator during a round of golf in South Carolina has sued the course’s owner under the novel theory that the design of the course created an alligator hazard.” [OnPoint News]
Great moments in client-chasing
According to a Texas hospital, a lawyer called its patients’ rooms more than 1,000 times over a three-month period “with the obvious intent to solicit employment.” An accident victim filed a complaint with the hospital, and now attorney Fisher faces possible reprimand or worse before the state Commission for Lawyer Discipline. [Courthouse News]
Law schools roundup
Just four weeks to official publication date (now March 1) for my book, and it seems as if everyone’s talking about the state of the law schools:
- Bruce Antkowiak (Duquesne): “Why Law Schools Must Reform” [Dan Hull, WSJ Law Blog] “Law Schools: Tournaments or Lotteries?” [Kevin Carey, Chronicle of Higher Ed] Law schools still reluctant to grapple with oversupply problem [George Leef, Pope Center] Oregon joins trend toward restoring mentorship/apprenticeship as part of legal training [AtL] “…because there was no compelling need for additional law graduates” [1985 Missouri decision via AtL]
- Study: free representation from Harvard legal clinic actually worsened outcomes for jobless claimants [Greiner/Pattanayak via Ayres/Freakonomics (“Iatrogenic legal assistance?”), Hoffman/ConcurOp, more, yet more]
- Critical Race Theory makes good? Noted CRT-er Angela Onwuachi-Willig in line for possible appointment to Iowa high court [Wenger, ConcurOp]
- “The rise and fall of law faculty blogs” [Kerr]
- Too much heed paid to “consent,” “autonomy”? Noted feminist Prof. Robin West praises Ohio State’s Marc Spindelman for proposal to have more lawsuits over HIV transmission [Jotwell] Some high-profile lawprofs call for less online freedom in pages of new book [“The Offensive Internet”; Citron, Greenfield, Ron Coleman]
- All publicity is good dept.: along with the glowing advance notices, my forthcoming Schools for Misrule has also drawn brickbats [Brian Leiter; some ABA Journal commenters].
“Crocodile Dundee planning to sue Australia”
Australian authorities dropped a criminal tax investigation of actor Paul Hogan, whose 1986 starring role did much for the nation’s image. Now Hogan, who lives in Los Angeles, says his reputation and career have suffered. [Lowering the Bar]
Deep pocket files: Highway 101 crash
In 2007, on Highway 101 north of Ventura, Jeremy White plowed his pickup truck into a vehicle parked along the roadside, killing its driver and paralyzing a California highway patrolman who was standing alongside. White “pleaded guilty in September 2008 to gross vehicular manslaughter while intoxicated and selling and transporting marijuana. He was sentenced to 15 years.” While he had an insurance policy, its limit was a paltry $15,000. So which deep pockets will be left responsible for paying the nearly $50 million a jury has awarded in damages? The answer, apparently: 1) White’s insurance company, despite the policy limit, due to the magic of “insurance bad faith” law; 2) Bert’s Mega Mall in Covina, whose employees, according to the plaintiffs in the case, “didn’t properly strap down two dirt bikes in the back of White’s truck, which caused a distraction and contributed to the crash.”
After the trial ended Tuesday, the mall’s lawyer, Terrence Cranert, said they would appeal.
He said there was significant evidence the jury didn’t receive, including a statement from White’s passenger who told the CHP that he and White had stopped to smoke marijuana after leaving the mall. Cranert said they weren’t able to find White’s passenger for the trial, but felt the information should have been allowed.
The judge, however, disagreed.
White’s passenger also told the CHP that he and White went into the back of the truck and opened a tool box to get the marijuana, according to Cranert. “They would have to unstrap the motorcycles,” Cranert said.
[Ventura County Star reporting, liability and damages phases]