- Divorcing Brooklyn couple has put up sheetrock wall dividing house into his and hers [L.A. Times, AP/Newsday]
- Boston Herald appeals $2 million libel award to Judge Ernest Murphy, whom the paper had portrayed as soft on criminals (earlier: Dec. 8 and Dec. 23, 2005) [Globe via Romenesko]
- Updating Jul. 8 story: Georgia man admits he put poison in his kids’ soup in hopes of getting money from Campbell Soup Co. [AP/AccessNorthGeorgia]
- Witness talks back to lawyer at deposition [YouTube via Bainbridge, %&*#)!* language]
- Prominent UK business figure says overprotective schools producing generation of “cotton wool kids” [Telegraph]
- State agents swoop down on Montana antique store and seize roulette wheel from 1880s among other “unlicensed gambling equipment” [AP/The Missoulian]
- “You, gentlemen, are no barristers. You are just two litigators. On Long Island.” [Lat and commenter]
- Some Dutch municipalities exclude dads from town-sponsored kids’ playgroups, so as not to offend devout Muslim moms [Crooked Timber]
- As mayor, Rudy Giuliani didn’t hesitate to stand up to the greens when he thought they were wrong [Berlau @ CEI]
- Australia: funeral homes, fearing back injury claims, now discouraging the tradition of family members and friends being pallbearers [Sydney Morning Herald]
- Asserting 200-year-old defect in title, Philly’s Cozen & O’Connor represents Indian tribe in failed lawsuit laying claim to land under Binney & Smith Crayola factory [three years ago on Overlawyered]
Author Archive
Ladies’ Nights bans and other civil rights crusades
This priceless segment ran on Comedy Central’s Daily Show with Jon Stewart the other day (Feb. 9). John Oliver interviews a Colorado man who’s filed bias complaint over “Ladies’ Night” bar promotions, and who insists — like so many other unintentionally silly litigants — that his cause deserves to share the moral high ground of the civil rights movement (“Sexual Stealing”).
For more on complaints targeting “Ladies’ Nights”, see Aug. 4, 2003, May 11 and Aug. 19, 2006 (Calif.), Jun. 10, 2004 (N.J.), Feb. 9 (N.H. — complainant charged with extortion).
Update: disabled-access impresario Ted Omholt
Readers who follow the phenomenon of ADA filing mills (Dec. 7, etc.) may recall the case of West Coast attorney Theodore Omholt, who has filed hundreds of legal complaints against businesses for violations (trivial or otherwise) of disabled-access laws, which he then settles for cash. In Honolulu, according to one news report, Omholt filed 574 lawsuits. (Carolyn Said, “Controversial disability rights lawyer”, San Francisco Chronicle, Apr. 21, 2002.) Omholt then refocused his practice on California where he sent out the following letter, quoted in my article three years ago in City Journal:
I am the attorney (age 48) who for the past three years has had the privilege to represent a small action group of six wonderful individuals who use wheelchairs age 37 to 66. . . . Their shopping at inaccessible stores in San Francisco and then filing lawsuits as clients of mine against those inaccessible stores nets them each an income which makes them financially independent. For each of them, the lack of funds which used to limit them to life’s bare necessities and which plagues so many disabled individuals today has become only an unpleasant memory from the past. As a reward for implementing the law and making stores more accessible for other disabled shoppers, group members now use their stream of income to eat out at good restaurants when they want to, buy new clothes and computers and televisions and gifts for family members, travel and take vacations wherever and whenever they want to go, and live a lifestyle they could only imagine prior to joining the group. . . . The group has room for a small number of additional members. Once that small number of additional members has been selected, the group will again close to new members.
Alas, even the most thoughtfully devised business plans sometimes meet with a hitch. Reader W.R. alerts us to this copy of Supreme Court minutes (PDF) from San Francisco, dated May 10 of last year, which at page 51 reports the following:
S143253 OMHOLT ON RESIGNATION — The voluntary resignation of TED OMHOLT, State Bar No. 92979, as a member of the State Bar of California is accepted without prejudice to further proceedings in any disciplinary proceeding pending against respondent should he hereafter seek reinstatement. It is ordered that he comply with rule 955 of the California Rules of Court and that he perform the acts specified in subdivisions (a) and (c) of that rule within 30 and 40 days, respectively, after the date this order is filed.* Costs are awarded to the State Bar. *(See Bus. and Prof. Code, §6126, subd. (c).)
It’s too bad the minutes aren’t more informative about the circumstances surrounding Mr. Omholt’s voluntary resignation from the California bar. Readers familiar with the details are welcome to illuminate matters.
UPDATE: Omholt writes to dispute the accuracy of certain details in the Honolulu account; seeing no reason to doubt his word, we have revised the post to omit those details.
Northern Ireland: jury awards £25K for bad restaurant review
“The Irish News must pay £25,000 plus court costs to a west Belfast Italian restaurant owner after a jury found a food critic’s review to be defamatory.” (“£25K for food critic’s poison pen”, BBC, Feb. 8). Journalist Caroline Workman, in a review of Ciaran Convery’s restaurant Goodfellas, had “described his staff as unhelpful, his cola as flat, and his chicken marsala ‘so sweet as to be inedible'”. Guardian restaurant critic Matthew Norman described the jury verdict as “very worrying news”: “You really cannot overstate the imbecility of a libel jury: what we really need now is a sustained campaign against our ludicrous libel laws.” (Maev Kennedy, “Critics bite back after restaurant reviewer sued for calling chicken too sweet”, Guardian, Feb. 10).
McDonald’s parking lot shooting
One day in November 2005 after classes had ended for the day at King High School in Tampa, Otis Lorenzo Neal got out of a van and fired into a group of fellow teenagers in the parking lot at a nearby McDonald’s, killing one and wounding three others. Now a lawyer for Alexander McKinnie, one of the wounded students, is suing the restaurant, saying it should have foreseen and prevented the shooting “‘because of regular fighting amongst teenagers, gang activity, thefts, robberies, assaults and other crimes’ that took place at the restaurant and in the vicinity”. (Rebecca Catalanello, “Man sues McDonald’s for negligence in a 2005 shooting near King High”, St. Petersburg Times, Feb. 6; Justin George, “Plea deal in student killing”, St. Petersburg Times, Jan. 31).
Twins, 10, contest expulsion from university
Canada: ” Accusations of age discrimination are being lobbed at the University of Ottawa by 10-year-old twins who were registered in a course before being expelled in the fall. Sebastien and Douglas Foster filed complaints with the Ontario Human Rights Commission on the basis of age discrimination after the school deregistered them from the Science in Society course they had been attending.” The university said it had mistakenly allowed the youngsters to enroll in contravention of a policy requiring students to possess a high school degree or equivalent, and that it had offered to refund their tuition. The students had enrolled in an already controversial course informally known as the “Activism Course”, with the approval of its instructor, Prof. Denis Rancourt; asked by a reporter why he sought to study at the university, young Sebastien said he’s learned about ‘the Afghanistan war that’s going on and about how many animals are being killed for food and a lot of things.'” (Laura Czejak and Dave Pizer, “Twins, 10, cry foul over U of O expulsion”, Ottawa Sun, Jan. 30).
Blue-ribbon excuses: crematory abuse blamed on mercury
“The lawyer for a former crematory operator said he believes mercury exposure led his client to leave 334 bodies to rot in piles across his property. A prosecutor disputed the theory, saying the lawyer was trying to win parole for Ray Brent Marsh, who admitted dumping the bodies and passing off cement dust as their ashes.” (“Georgia crematory crimes blamed on mercury”, AP/CNN, Feb. 7) (via Lat)(more blue-ribbon excuses).
Edwards to keep bloggers
That’s how it goes: no regrets as of Feb. 4, “I am sorry” as of Feb. 8. Associated Press has more. Edwards’ statement is here. Earlier, in what a Shakespeare’s Sister commenter dubs a “Dewey Defeats Truman moment”, Salon had erroneously reported that the two had been ousted. (P.S.: Salon stands by its story, saying the two were in fact sacked but that the decision was then reversed.) Earlier coverage on this site here, here and here.
More: Ted, in comments:
“I am sorry that you were offended” is a rather non-apologetic apology by Marcotte, so she isn’t being quite inconsistent with her earlier “Je ne regrette rien” position, other than that her statement doesn’t refer to “tone-deaf wingnuts.”
What’s amusing is that even this tepid politic gesture by Edwards is causing the Angry Blog Left to howl for his head. It’s an entertaining deal with the devil Edwards has made by courting this crowd, and shows his general unfitness for governing.
And from reader Hans Bader:
Apparently, Edwards is ethically clueless after all.
The only remarks that offended him were Marcotte’s religious insults, not Marcotte’s defamatory, malicious, and ignorant remarks about the Duke student defendants….
And: “Asked whether the campaign had sufficiently screened the two women before they were hired, [Edwards spokeswoman Jennifer] Palmieri said it was difficult to find and read every word a prolific blogger had written over a period of years.” (John M. Broder, “Edwards Learns Blogs Can Cut 2 Ways”, New York Times, Feb. 9). That’s an exceptionally lame excuse as regards Marcotte, whose abusiveness of tone seems to have been a standing, definitional aspect of her online presence: it’s hard to sample any random week’s worth of her posts at Pandagon without being hit over the head by it. As mentioned earlier, her post on the Duke case appeared while she was actually under consideration for the Edwards team, which would hardly have required anyone to dig through “years” of her work.
N.Y. solon: let’s ban phones, audio in crosswalks
“A state senator from Brooklyn said on Tuesday he plans to introduce legislation that would ban people from using an MP3 player, cell phone, Blackberry or any other electronic device while crossing the street in New York City and Buffalo.” (“Ban Proposed On Cell Phones, iPods In Crosswalk”, WNBC, Feb. 7). Comment: TechDirt, Global Nerdy, Bainbridge, Wired blog. A Blog for All rounds up links. Commenter Mike Knowland at Dvorak.org writes, “It won’t be enforced, but when someone gets hit by a car while breaking this law, the driver won’t be 100% at fault anymore.”
Genarlow Wilson, Inmate #1187055
“Genarlow Wilson, honor student and football star, had consensual sex with a fellow teenager. What happened to him next was a crime.” Once the target of recruiting efforts by Ivy League coaches, the Douglasville, Ga. native is now twenty years old and Inmate No. 1187055 at Burruss Correctional Training Center, an hour and a half south of Atlanta. His crime? Sex with a 15-year-old girl, when he was 17. “Everyone, including the girl and the prosecution, agreed she initiated the act.” The operation of Georgia law was what you might call Draconian: “Just two years into a 10-year sentence without possibility of parole, he peers through the thick glass and bars, trying to catch a glimpse of freedom. Outside, guard towers and rolls of coiled barbed wire remind him of who he is.” (Wright Thompson, “Outrageous Injustice”, ESPN E-Ticket magazine, no date posted; Wilson appeal website; Chandra R. Thomas, “Why Is Genarlow Wilson in Prison?”, Atlanta magazine, no date posted; Sherry F. Colb, “The Harsh Wages of Sin: Why Genarlow Wilson is Languishing in Prison”, FindLaw, Jan. 10; Doug Berman, Jan. 24).
More: Georgia lawmaker has introduced bill that would allow for more lenient resentencing in Wilson case ((Alyson M. Palmer, “Ga. Bill Takes Aim at Sentencing That Resulted in 10-Year Term for Teen Sex”, Fulton County Daily Report, Jan. 29).