Author Archive

Lerach retires; nearing a plea deal?

Law.com reports in its summary:

Renowned plaintiffs attorney William Lerach, lead partner at Lerach Coughlin, announced Tuesday he’s stepping down from the firm he started when he split off the West Coast offices of what is now Milberg Weiss. Lerach said he’s planning to take some time off. That could include going to prison, or at least the U.S. Attorney’s Office. Lerach is said to be nearing a deal with federal prosecutors related to legally questionable payments Milberg Weiss made to its lead plaintiffs and a former expert witness.

The WSJ Law Blog similarly reports that “Lerach has not been charged, but he is in advanced talks with prosecutors on a plea deal that could be announced in September and involve serving prison time, according to two people familiar with the investigation.” It also has Lerach’s departure memo to colleagues at the law firm that will now be known as Coughlin Stoia Geller Rudman & Robbins (cross-posted from Point of Law).

Fieger’s Arizona censure

Yet another ethical run-in for bad boy Michigan lawyer Geoffrey Fieger, aside from all the ones we’ve told you about already including his recent campaign finance indictment: the Arizona Supreme Court has censured Fieger for holding himself out on letterhead as a member of the Arizona bar, and undertaking a matter to be tried in an Arizona court, even though he was under suspension at the time. The September issue of Arizona Attorney carries the following in its “Lawyer Regulation: Sanctioned Attorneys” column:

Read On…

Gordon Ramsay on U.S. litigation

“We were issued a writ because, God bless America, if the toilet paper is not thick enough and you come out with a rash on your ass [you’ll get sued].” — Scottish celebrity chef Gordon Ramsay, who is being sued over his upcoming reality-TV show “Kitchen Nightmares”. Martin Hyde sued Ramsay and the show’s producers after being fired during the filming of a “Nightmares” episode which depicted unsafe and unsanitary conditions at the Manhattan restaurant Hyde managed (which was closed by the city health board shortly after the taping); Hyde claims aspects of the show were staged, which Ramsay denies. (James Hibberd, “Ramsay Blasts ‘Kitchen Nightmares’ Lawsuit”, TV Week, Aug. 28).

Disparaging a trademark

Can a court really issue an injunction ordering someone to refrain from engaging in such disparagement in blog comments and other such public forums? A federal court did so in the case of Freecycle Network, Inc. v. Oey (Eugene Volokh, Aug. 14).

Yet more on privacy/disability laws and Seung Hui Cho

Perils of privacy laws, as discussed earlier here, here, here and here:

Fairfax County school officials determined that Seung Hui Cho suffered from an anxiety disorder so severe that they put him in special education and devised a plan to help, according to sources familiar with his history, but Virginia Tech was never told of the problem.

The disorder made Cho unable to speak in social settings and was deemed an emotional disability, the sources said. When he stopped getting the help that Fairfax was providing, Cho became even more isolated and suffered severe ridicule during his four years at Virginia Tech, experts suggested. In his senior year, Cho killed 32 students and faculty members and himself in the deadliest shooting by an individual in U.S. history….

Professors and school administrators at Virginia Tech could not have known of Cho’s emotional disability — Fairfax officials were forbidden from telling them. Federal privacy and disability laws prohibit high schools from sharing with colleges private information such as a student’s special education coding or disability, according to high school and college guidance and admissions officials. Those laws also prohibit colleges from asking for such information.

The only way Virginia Tech officials would have known about Cho’s anxiety and selective mutism would have been if Cho or his parents told them about it and asked for accommodations to help him, as he had received in Fairfax….

Although the only way college officials could have known about Cho’s problem would have been from Cho, experts said that asking for help is an almost impossible task for someone with selective mutism.

(Brigid Schulte and Tim Craig, “Unknown to Va. Tech, Cho Had a Disorder”, Washington Post, Aug. 27). More: Hans Bader at CEI’s Open Market (Aug. 27).

August 27 roundup

Jumping into crashed Toyota

Not such a swift idea if the people in the crashed vehicle are just going to tell on you:

Police arrested a 20-year-old woman Sunday for allegedly jumping into a car that collided with a police cruiser and possibly faking an injury….

Powell [Shava Shirlee-Sophia Powell, of Boynton Beach, Fla.] yelled in pain and claimed her back was hurt when firefighters and paramedics arrived, the report said. She deflected attention from rescuers trying to treat others injured in the collision, the report said. Powell was taken to Boca Raton Community Hospital where doctors found no evidence of injury. She tried to flee the hospital when she found out police were called in.

Catasha Adams, the driver of [the] Toyota that Powell jumped into, told police Powell wanted to use the accident for a lawsuit against the police department.

(Leon Fooksman, “Police accuse Boynton woman of faking crash injury”, Fort Lauderdale Sun-Sentinel, Aug. 20)(via QuizLaw).

Norway: “Killer claims compensation”

It’s your fault for letting me go: “A man who wildly stabbed fellow passengers on board an Oslo tram three years ago is now seeking compensation from the state. He claims he never should have been released from psychiatric care just days before he went amok, and his victim’s own mother agrees.” (Nina Berglund, Aftenposten, Aug. 24).

Geoffrey Fieger indicted

Longtime Overlawyered favorite Geoffrey Fieger, a fixture in Michigan politics and personal injury law for many years, and his law partner Vernon (Ven) Johnson were indicted by a federal grand jury on charges of unlawfully “conspiring to make more than $125,000 in illegal contributions to presidential candidate John Edwards’ 2004 campaign”. Fieger, who’s being represented by Gerry Spence, says it’s all a plot by Republicans in the U.S. Department of Justice. (Oakland Press; Detroit News, more; Detroit Free Press, more)(& Pattis).