Missouri Highway Patrol Trooper Ralph Tatoian fell victim to a fatal car crash while en route to the area — 40 miles away — where fugitive Massigh Stallman, on foot, was being sought in a manhunt. Now a jury has convicted Stallman of responsbility for Tatoian’s death (“Jury Convicts Suspect In Highway Patrolman’s Death”, KSDK, Missouri, Jul. 20). More: possibly similar case arises in Phoenix after crash of two news helicopters during police pursuit (Jul. 28).
Author Archive
“Lawyer cannibalism”
The Houston Chronicle has more on Joe Jamail’s defeat of John O’Quinn in the expense-ethics battle earlier detailed in this space (Jul. 19, etc.). Several of the experts quoted seem at pains to minimize the seriousness of O’Quinn’s ethical lapse, but there’s a good quote at the end from Dallas legal-malpractice lawyer Randy Johnston: “When John O’Quinn goes up against Joe Jamail, I promise you, it isn’t all about the money.” Why? Because it’s about the ego too. (Mary Flood, “Legal trend of leveling suits against fellow litigators likened to cannibalism”, Houston Chronicle, Jul. 21)(via ShopFloor).
Guestblogger thanks
Our thanks to Steve Hantler of Chrysler for some provocative posts which stirred considerable reader interest. His post on global warming litigation drew links from (among others) Prof. Bainbridge and New York magazine’s “Intelligencer”.
Bar wasn’t safe for her to dance on
Illinois: “A woman who tried to dance atop the bar at a Joliet tavern is suing the establishment after she fell and shattered her ankle.” Amy Mueller, who is in her early twenties, wants damages from Samy’s Bar and Grill for “allowing [her] to climb upon the bar without a step-stool, ladder or other device used for safety.”
“They encouraged their patrons to dance on the bar — they cajole them, they yell at them, but they fail to take any safety precautions whatsoever,” said Frank Cservenyak Jr., Mueller’s attorney.
Cservenyak adds that he “wouldn’t take a case I believe is frivolous.” (Steve Schmadeke, “Woman who hurt her ankle sues bar”, Chicago Tribune, Jul. 23; “Woman suing Joliet tavern for broken ankle”, AP/ABC7Chicago, Jul. 23).
July 23 roundup
- Not sure you’ve got probable cause for your motorist stop? Why not just fabricate it? [Grits for Breakfast]
- California Attorney General Jerry Brown cracks down on a prolific filer of Prop 65 (toxic warning) cases, New Canaan, Ct.-based Clifford Chanler [The Recorder]
- Man mounts San Francisco rooftop with apparent “self-destructive” intent, rescue effort by firefighters fails, now family’s suing the city [SF Chronicle]
- Why Mort Zuckerman says the law is the opposite of sex [Lattman, from offline New Yorker mag]
- Who’s stirring the pot on client litigation against big law firm Hogan & Hartson? [Lat] Update: it’s a former client [Turkewitz]
- Some top judges in Australia embarrassed after confessing activist leanings to an American academic who was writing it all down [The Australian]
- Cost of defending against a white-collar crime prosecution: seven figures if you’re lucky [Lattman via Lat]
- New at Point of Law: chiding Supreme Court Chicken Littles, more on Canadian sovereignty and the Conrad Black trial, reasonable degrees of expert witness certainty, making litigation instead of steel, Michael Krauss criticizes Virginia Tech compensation fund;
- If you can’t do something about the falling petals, maybe your flower shop shouldn’t be in the train station [U.K. Telegraph]
- Illinois tells lawyers to hire a doctor to certify merit of med-mal claim, but permits that doctor to remain anonymous [three years ago on Overlawyered]
Update: Judge rejects “Extreme Makeover” lawsuit
A judge has dismissed a case filed by five orphaned siblings against ABC Television based on the aftermath of their appearance on “Extreme Makeover: Home Edition”. The Higgins siblings said they expected to wind up with a new home after the show’s filming, but later disagreements with the couple who had hosted them, and who held title to the newly built mansion, led to their departure from the house. Awarding summary judgment, Judge Paul Gutman threw out the siblings’ case against ABC, the reality-TV producers and the homebuilder, saying that their remedy, if any, could be only against the host couple, Phil and Loki Leomiti. (AP/ABCNews.com, Jul. 17). Our earlier coverage: Mar. 4, May 17, etc.
No-fault laws boost divorce rate by 10 percent?
So contends a new literature survey from the social-conservative Institute on Marriage and Public Policy (Douglas W. Allen and Maggie Gallagher, “Does Divorce Law Affect the Divorce Rate? A Review of Empirical Research, 1995-2006“, PDF, requires registration; “Split Decisions” (interview with Maggie Gallagher), Newsweek, May 23). New York, among the few states to have retained fault-based divorce laws, is considering a move to no-fault.
July 20 roundup
- Despite seeming majority support in both houses, conference committee on the Hill drops protection against lawsuits for “John Does” who report suspicious security behavior to authorities [PowerLine, Malkin; see May 11, etc.]
- U.K. town advises holders of allotment gardens: you could be liable if trespasser gets hurt vandalizing your trellises [Gloucestershire Echo; Cheltenham, Prestbury, etc.]
- School groundskeeper fired for illiteracy sues under ADA; suit’s future may depend on whether he can allege underlying predisposition such as dyslexia [St. Louis Post-Dispatch, StLRecruiting]
- Large Pakistan bank should pay for my husband’s murder, says Mariane Pearl in lawsuit [NYSun]
- Tell it to the EEOC, bud: Pennsylvania survey of law firm “diversity” finds plaintiff’s firms lag well behind their business/defense counterparts when it comes to hiring minorities [Legal Intelligencer first and second pieces]
- Spare a tear for Gov. Spitzer, never realized public life would be such a rough and tumble affair [Kirkendall]
- Trail of bogus auto accidents and “runners” leads to West Orange, N.J. lawyer and his law firm, say prosecutors [NJLJ; related New Jersey report on insurance fraud, PDF]
- I’m interviewed re: the Giuliani announcement [Paul Mirengoff @ PowerLine] and publicity in National Journal is nice too [Blog-O-Meter]
- Two Australian grave owners sue for damages over loss of feng shui [Melbourne Age]
- You have to let me use your bathroom, I’ve got a note from my doctor [Robert Guest on Texas legislation]
- New at Point of Law: University of Alberta lawprof Moin Yahya is guestblogging this week on Conrad Black trial, extraterritoriality, antitrust, etc.
- Quadriplegic sues Florida strip club under ADA because its lap dance room not wheelchair accessible [five years ago on Overlawyered]
Who was the first legal blogger?
According to Robert Ambrogi of Legal Blog Watch, it may have been me (Jul. 16; more). I actually don’t remember whether there were any other law-related blogs when I started out eight years ago. Pioneers like Eugene Volokh were at that point doing things on the internet, but not yet blogging. It’s also possible that there might have been something going that is no longer published, so that Overlawyered might qualify as the oldest surviving legal blog.
Our very first post is here. For several days after that I believe the only reader was me, since I waited until a few posts were up before I began notifying friends about the site.
Also, David Giacalone contributes a haiku for the occasion (scroll).
“Family Of Girl Who Married Teacher Sues School District”
Wilmington, N.C.: “The parents of a 16-year-old girl who recently married a 40-year-old former high school coach have filed a lawsuit against the Brunswick County Board of Education, saying school officials failed to protect their daughter.” According to the school board, administrators at South Brunswick High School “closely monitored and limited” the apparent mentoring relationship between student Windy Hager and track coach Brenton Wuchae “but never found evidence of any romance.” On Jun. 18 Wuchae resigned his position and married Ms. Hager. Superintendent Katie McGee stated the next day that “when dealing with tenured employees, suspicion alone cannot warrant dismissal.” Now parents Dennis (“Bubba”) and Betty Hager are suing the school for not doing more, and “have said they reluctantly signed a consent form allowing their daughter to marry her coach”. (AP/WSOC-TV, Jul. 11; WWAY first and second reports; Brunswick Beacon; Wilmington Star-News; ABCNews.com)(via Above the Law).