Seems there’s no surfeit of collegiality among L.A. lawyers whose names figure in the Terry Christiansen connivance-at-wiretapping trial. (Amanda Bronstad, “A Tale of the Tape in Christensen Wiretapping Trial”, National Law Journal, Jul. 16; “In Opening of Wiretap Trial, Christensen Claims He Was the Victim”, Jul. 21).
Author Archive
Litigation accounting disclosures
There’s a fairly big controversy under way about a proposed FASB (Financial Accounting Standards Board) standard that would require public companies to provide much wider disclosures of where, how and by whom they are being sued or might be sued in the future, and to attach dollar signs to the possible exposures. I’ve got a write-up at Point of Law.
Suit: Kids’ “punching game” is middle school’s fault
Matthew Walls, a 13-year-old in the 7th grade at Robert Smalls Middle School in Beaufort, S.C., engaged with a classmate in a rather alarming-sounding pastime, namely “the ‘Open Chest Game’ in which two people punch each other in the chest.” You wouldn’t think a kid could get hurt doing that, but Walls did: he struck his head on the way down and ended up in the hospital in critical condition, though he’s back attending school (a different one) now. Donna Walls, Matthew’s mother, has now sued the Beaufort County School District, the state of South Carolina, and three former superintendents personally, and seeks punitive damages. (Jonathan Cribbs, “Mother sues school district over child’s punching injury”, Beaufort Gazette/Island Packet, Jul. 25; more).
50,000 residents but no lawyer
The plight of a district in northern Japan. (Norimitsu Onishi, “Lawyers in Rural Japan: Low Supply, Iffy Demand”, New York Times, Jul. 29).
John Tierney: 10 Things Not To Worry About
Does this mean we’re not even supposed to sue about them? (“10 Things to Scratch From Your Worry List”, New York Times, Jul. 29).
Update: “My newspaper’s getting mediocre” suit
Durham, N.C. lawyer Keith Hempstead says he’s dropping his suit against the Raleigh News & Observer (Jul. 14, Jul. 20), the one that charged that the paper’s quality had gone downhill because of staff cuts. Hempstead said his point had been made by the wide publicity accorded the lawsuit, during which he was interviewed by many major news organizations. (Leah Friedman, “Subscriber drops suit against The N&O”, N&O, Jul. 28). A nameless WSJ law blog commenter takes the view that announcing this rationale for dropping the suit sets up a “prima facie” counterclaim of abuse of process, should the newspaper choose to pursue one. Does it?
Guestblogging opportunities
August is traditionally a prime month for guestblogging opportunities at Overlawyered (as likewise at my other blog, Point of Law) and this year is no exception. One outstanding new volunteer has already stepped forward and will be joining us, but that leaves room for several more. It’s a short commitment (just a week or two) and makes a great way to try out blogging if you’ve never had a go at it, or interest a new set of readers in your blog if you’ve got one already. As always, past guestbloggers and hopeful newcomers are equally welcome to drop me a line: editor – [at] – thisdomainname.com.
Fla. lawyer: I’ve got every right to call judge an “evil, unfair witch”
Fort Lauderdale, Fla., criminal defense attorney Sean Conway claims he was within his First Amendment rights and should not face disciplinary action over his blog comments calling one of the judges he practices before an “evil, unfair witch” who is “seemingly mentally ill”. (Jordana Mishory, “Attorney Argues His ‘Witch’ Comments About Judge Are Protected Speech”, Daily Business Review, Jul. 16; earlier). To me, this seems rather to miss the point: sure, almost everyone but a member of the local bar enjoys or should enjoy a First Amendment right to call a judge an evil, unfair witch. Lawyers admitted to practice, however, enlist as “officers of the court” with special obligations, among which may be (to name only one) to avoid the sorts of displays of enmity that might complicate future cases before that judge, as by provoking recusal. For an extreme instance, see the Geoffrey Fieger episode recounted here, here, here, and here. More on what lawyers can say about judges from Bruce Campbell (Campbell & Chadwick) at Texas Lawyer.
Playground safety mats
New York City has spent large sums installing black rubber safety mats beneath the equipment on its 1,000 playgrounds, but the mats get hot in the summer, and some kids are suffering burns which have resulted in lawsuits. It would cost $100 million to replace the mats, and it’s not clear with what, since loose pea gravel or wood shavings might harbor discarded syringes and the like. The founder of a group called NYC Park Advocates has the perfect cost-and-convenience-no-object answer: “Playgrounds should be designed with canopies.” And: “The city should be pressuring the manufacturers to come up with a solution.” Or the kids could wear shoes. (Sewell Chan, New York Times “City Room”, Jul. 21).
Pro bono Guantanamo detainee efforts
Apparently not quite so pro bono as all that, reports the Washington Times: a Kuwait-based group backed by the government of that wealthy Arab state has kicked in nearly $4 million to the legal effort. Firms receiving Kuwaiti funds include Shearman & Sterling, Arnold & Porter and Pillsbury Winthrop. “The Kuwait-based group also has financed a public relations campaign run by Levick Strategic Communications in Washington” toward the goal of “due process for the detainees held at Guantanamo Bay”. (Jim McElhatton, “Kuwait helps pay detainees’ legal bills”, Jul. 25)(via Elefant).