Author Archive

Vaccine lawyer subpoenas Kathleen Seidel

I’ve often linked in the past to the work of New Hampshire blogger Kathleen Seidel, whose weblog Neurodiversity presents a fearless, systematically researched, and frequently brilliant ongoing critique of autism vaccine litigation. A prominent plaintiff’s lawyer in that litigation, Clifford Shoemaker of Vienna, Virginia, has just hit Seidel with an astoundingly broad and sweeping subpoena (PDF) demanding a wide range of documents and records relating to her publication of the blog. Seidel has been sharply critical of Shoemaker’s litigation, and indeed the subpoena arrived only hours after she posted a new Mar. 24 entry, “The Commerce in Causation“, critical of his legal efforts.

The subpoena contains no indication that Seidel herself is accused of defaming anyone or violating any other legal rights of any party. Instead it seems she is being dragged in as a third-party witness in Shoemaker’s suit on behalf of his clients, Rev. Lisa Sykes and Seth Sykes, against vaccine maker Bayer. Although Seidel has been a remarkably diligent blogger on autism-vaccine litigation, I can find no indication that she is in possession of specialized knowledge that Shoemaker would not be able to obtain for his clients through more ordinary means.

Instead, the first phrase that occurred to me on looking through the subpoena was “fishing expedition”, and the second was “intimidation”. Several clauses indicate that Shoemaker is hoping to turn up evidence that Seidel has accepted support from the federal government, or from vaccine makers, which she says she hasn’t. Also among the documents demanded: Seidel’s correspondence with other bloggers. As she puts it in her response:

The subpoena commands production of “all documents pertaining to the setup, financing, running, research, maintaining the website http://www.neurodiversity.com” – including but not limited to material mentioning the plaintiffs – and the names of all persons “helping, paying or facilitating in any fashion” my endeavors. The subpoena demands bank statements, cancelled checks, donation records, tax returns, Freedom of Information Act requests, LexisNexis® and PACER usage records. The subpoena demands copies of all of my communications concerning any issue which is included on my website, including communications with representatives of the federal government, the pharmaceutical industry, advocacy groups, non-governmental organizations, political action groups, profit or non-profit entities, journals, editorial boards, scientific boards, academic boards, medical licensing boards, any “religious groups (Muslim or otherwise), or individuals with religious affiliations,” and any other “concerned individuals.”…

Plaintiffs and their counsel seek not only to rummage through records that they suspect pertain to themselves, but also through my family’s bank records, tax returns, autism-related medical and educational records, and every communication concerning all of the issues to which I have devoted my attention and energy in recent years.

Seidel has responded with a self-drafted motion to quash the subpoena, and expresses confidence that a judge will rule in her favor, and perhaps go so far as to agree with her contention that it constitutes sanctionable abuse. Should the subpoena somehow be upheld and its onerous demands enforced, it could signal chilly legal times ahead for bloggers who expose lawyers and their litigation to critical scrutiny (& welcome Instapundit, Pure Pedantry, P.Z. Myers, I Speak of Dreams, Law and More, Open Records, Matt Johnston readers. And Orac/Respectful Insolence, with what he terms an “important rant“. More reactions here and here).

U.K.: discriminatory for hair salon not to hire headscarf wearer?

“The owner of a fashionable hair salon today denied being a racist after turning down a headscarf-wearing Muslim who applied for a stylist’s job. Sarah Desrosiers, 32, told a tribunal it was vital that all her staff show off ‘flamboyant’ haircuts at the Wedge salon in King’s Cross. And Miss Desrosiers, from Hackney, said 19-year-old Mrs Bushra Noah’s headscarf was out of keeping with the ‘ultra-modern, urban, edgy and funky’ style of her business. …Mrs Noah is claiming £34,000 in compensation for religious discrimination from Miss Desrosiers, who says she faces financial ruin if she loses the case.” (“‘Headscarf doesn’t fit our funky image’ says salon owner who turned down Muslim stylist”, Daily Mail, Apr. 1). Update Jun. 18: salon owner ordered to pay £4,000 for “injury to feelings”.

Update: Wal-Mart drops subrogation claim

“Wal-Mart Stores Inc. is dropping a controversial effort to collect over $400,000 in health care reimbursement from a former employee who suffered brain damage in a traffic accident. The world’s largest retailer said in a letter to the family of Deborah Shank of Cape Girardeau County in Missouri that it will not seek to collect money the Shanks won in an injury lawsuit against a trucking company for the accident.” (AP/St. Louis Post-Dispatch, Apr. 1; WSJ law blog; Perlmutter & Schuelke; earlier here).

Disbar Dickie Scruggs?

Not so fast, he says — the Mississippi Bar didn’t file a “certified copy” of his guilty plea. (Patsy R. Brumfield, “Dickie Scruggs files to dismiss attempt to have him disbarred”, Northeast Mississippi Daily Journal, Apr. 1).

David Rossmiller has ten unanswered questions about loose ends in the Scruggs scandal (Mar. 24) which elicit responses in turn (and more unanswered questions) from NMC and Lotus at Folo (plus an NMC update). These latter bloggers, by the way, have shed their anonymity and stand revealed as Oxford, Miss. lawyer Tom Freeland (NMC) and retired lawyer Jan Goodrich, now of New Smyrna Beach, Fla. (Lotus), now also joined by Jane Tucker.

Is it okay for the University of Mississippi (Ole Miss) to take Scruggs’s money? “It depends on what the felony is…” Chancellor Robert Khayat is quoted as saying (Folo/NMC, Apr. 1; more). Gulfport M.D. Bill Hemeter, in a letter to the editor printed in the Biloxi Sun-Herald (Mar. 19), is claiming prescience: “I sent Chancellor Khayat the book ‘The Rule of Lawyers’ by Walter Olson several years ago, with a warning not to take money from plaintiff attorneys.” Earlier, when Scruggs pled guilty, another university official was heard from:

“My initial reaction is one of sadness,” said Samuel Davis, dean of the University of Mississippi Law School, Scruggs’ alma mater. “I’ve known and been friends with Dick and Diane Scruggs almost 50 years now going back to our days in Pascagoula, and I feel a great sense of compassion for him and his family. And that’s just a very personal reaction. I haven’t really thought about the implications for the legal community or the legal profession.

Davis, who also directs the Ole Miss Law Center, said not everybody who pleads guilty is guilty and that Scruggs might have had other reasons for the move. If that were the case, Davis said, the reasons likely were good ones.

(emphasis added by an understandably astonished Lotus @ Folo; many, many comments follow).

And from Sid Salter of the Jackson Clarion-Ledger (Mar. 19): “In spite of their insistence that there were no ethical lapses in their behavior on the tobacco suit, [former attorney general Michael] Moore and Scruggs still owe the taxpayers of Mississippi an accounting of the lawyers’ fees and expenses that accrued from that litigation.”

April 2 roundup

  • Judge expresses surprise at how many law firms want in on fees in Visa/MasterCard issuer settlement [NYSun]
  • Mississippi bill would require a lawyer’s presence at real estate escrow closings; so rude to cite the profession’s self-interest as a factor [Clarion-Ledger]
  • Following Coughlin Stoia’s lead, Mark Lanier announces he’s expanding into intellectual property litigation [The Recorder]
  • Maryland legislation would require state-aided colleges and universities to report on what they’re doing to advance “cultural diversity” [Examiner via Bader/Open Market]
  • New era at UK pubs? Under new directive, “employers will risk being sued if a bar worker or waitress complains of being called ‘love’ or ‘darling’, or if staff overhear customers telling sexist jokes.” [Daily Mail]
  • ACLU just sued city of San Diego and snagged $900K in legal fees, but that’s no impediment to the city’s council’s enacting a special day of tribute to the group [House of Eratosthenes]
  • George Wallace, who’s guestblogged here, hosts twin editions of Blawg Review #153 at his blogs Declarations & Exclusions and A Fool in the Forest, on piratical and Punchinello themes;
  • Obama won’t support lowering drinking age [Newsweek]
  • Such a shame for entrepreneurial plaintiffs, post-Proposition 64 if you want to sue a California business you might actually need to have been injured [CalBizLit]
  • Time mag appeals $100 million Suharto libel ruling [IHT]
  • Hey, no fair enforcing that fine print disclaiming liability for sweepstakes misprints [three years ago on Overlawyered]

Miami archdiocese liable for students’ at-home drinking party

A jury held Archbishop Coleman Carroll High School liable for $14 million on the theory that its officials knew of an underage drinking party to be held at the home of two students, but did not notify authorities. Two of the drunken revelers sped off into a single-car accident in which one was killed. (Adam H. Beasley, “School found negligent in booze party crash”, Miami Herald, Mar. 31).

State AGs vs. JuicyCampus.com

As an online phenomenon, JuicyCampus.com sounds more than a little familiar to those who followed the AutoAdmit/XOXOXTH controversy: message boards open to bathroom-graffiti anonymous posts about named fellow students. The difference this time is that the attorneys general of New Jersey and Connecticut have jumped in with legal action apparently premised on the unusual, and expansible, legal theory that the site violates consumer fraud statutes by not enforcing its own announced ground rules on posting, or at least principles that it “suggests” it will follow. (ABA Journal and again; Volokh).

“Owner Charged With Cruelty for Failing to Treat Cat’s Ailments”

Visit the vet, or else? “A cat owner who did not seek treatment for his pet’s serious ailments during the cat’s last year of life can be charged with animal cruelty, a Manhattan judge has ruled. Allegations that the defendant left a ‘swollen and bleeding’ paw and other conditions untreated ‘sufficiently demonstrate that the animal was subjected to unjustifiable physical pain,’ Criminal Court Judge ShawnDya L. Simpson wrote. The owner allegedly admitted that he had owned the cat for 15 years and never took him to the veterinarian.” (Noeleen G. Walder, New York Law Journal, Mar. 24).

The Jonathan Lee Riches docket

We’ve covered the litigious inmate fantasist before, but this is still a striking statistic: “Thirty-nine percent of the 491 cases filed so far this month in U.S. District Court for the Northern District of Georgia have been filed by one man: Jonathan Lee Riches. …Some of Riches’ prior complaints have been dismissed, including a $662 trillion suit filed in the Northern District last summer against Atlanta Falcons quarterback Michael Vick. The suit alleged that Vick was attempting to ‘kidnap’ Riches’ mind and to force him to lose weight, and demanded that the $662 trillion be delivered — in ‘British gold’ shipped via truck — to the front gates of the prison where Riches is incarcerated.” (Janet L. Conley, “Inmate’s Frequent Filings Take On Targets Ranging From Spitzer to Van Halen”, Fulton County Daily Report, Mar. 25).