Now here’s a great way to pour oil on troubled waters: “Mexico said Tuesday that it would file lawsuits in U.S. courts if National Guard troops on the border become directly involved in detaining migrants.” (Marina Montemayor, AP/Niagara Gazette, May 16).
Author Archive
Party like you’re a tobacco lawyer
To celebrate Beaumont tobacco/asbestos lawyer Walter Umphrey’s seventieth birthday, fellow Texas Tobacco Five member John Eddie Williams took over a private aircraft hangar — Umphrey’s own, in fact — “moved out the two private jets and the helicopter, added on a two-story party tent and threw a no-holds-barred tribute to Umphrey.” Music was provided by Chuck Berry, Jerry Lee Lewis and Rotel and the Hot Tomatoes, performing on two different stages, and there was some pretty decent food too. Among the 400 attendees: gubernatorial candidate Carole Keeton Strayhorn. (Shelby Hodge, “Wild soiree in hangar was Western to the hilt”, Houston Chronicle, May 14). Of course it was a mere kaffeeklatsch compared with a Willie Gary or Mark Lanier party.
Now back to your previously scheduled news story about excessive CEO compensation.
Duke lacrosse case, cont’d
Thomas Sowell nominates the controversy’s low point:
According to Newsweek, the young man at NCCU [North Carolina Central University] said that he wanted to see the Duke students prosecuted, “whether it happened or not. It would be justice for things that happened in the past.”
(“The Biggest Scandal in the Duke University Rape Case”, syndicated/Capitalism Magazine, May 17). The comment was hardly representative of anyone’s views but the one student’s, though, contends John Schwade in the Durham News (“Article opts to sensationalize with its color commentary”, Apr. 29). More: Dr. Helen, Apr. 22. Stuart Taylor Jr. has a powerful column on the subject which however is online only to National Journal/The Atlantic subscribers (“An Outrageous Rush to Judgment”, May 2). And guess who’s involved himself in the case, as an advisor to the complainant’s family? None other than ace money-extractor Willie Gary, long familiar to readers of this site (Wendy McElroy, “Is ‘Duke’ Case Headed to Civil Court?”, FoxNews.com, May 16).
NYC sues out-of-state gun dealers
Bloomberg’s crew says the city carried out “sting” operations that proved dealers in Pennsylvania, South Carolina and elsewhere were selling to “straw purchasers” in violation of federal law. (Diane Cardwell, “New York City Sues 15 Gun Dealers in 5 States, Charging Illegal Sales”, New York Times, May 16). David Hardy at Arms and the Law (May 15) says that even if the city can prove such allegations, “I still see major barriers in terms of (a) duty (b) causation and (c) damages. Not to mention (d), standing. I mean — if you can prove a dealer on a certain day was willing to make a strawman sale, does that prove he ever did so in the past? How many times? What crimes were caused or not caused?”
Trolls-B-Gon?
Forbes says “patent trolls” will be deterred by the Supreme Court’s new ruling in the eBay case, in which “the justices ruled unanimously that federal courts must weigh several factors before barring a patent infringer from using a contested technology or business method.” (Jessica Holzer, “Supreme Court Buries Patent Trolls”, May 16)(& Lattman)(opinion, PDF).
18-year legal malpractice suit
Adeline Scomello of Suffolk County, N.Y. engaged five attorneys to represent her in divorce proceedings, and sued all five for legal malpractice. Now a judge has finally thrown out, with strong words as to its lack of merit, her pro se suit against lawyer #2 in the series — a suit that lasted for eighteen years. Dismissing her 329-page application for reargument, Supreme Court Justice Jeffrey Arlen Spinner wrote that New York’s public policy of “unfettered access to the courts” must give way at some point. (Mark Fass, “Judge Halts Pro Se Litigant’s ‘Abusive Litigation Practices’ Against Divorce Lawyers”, New York Law Journal, May 11). (Corrected to fix typo in litigant’s name).
Profiled by flight attendant, wins $27.5 million
Left over from last month: “An economics professor from California who was arrested because a flight attendant thought she looked like a terrorist has been awarded $27.5m. In a victory for critics of racial profiling, a jury in El Paso, Texas, ordered Southwest Airlines to pay damages to Samantha Carrington for false imprisonment and malicious prosecution after she was bundled off a flight and arrested because flight attendants found her appearance suspicious.” (Salamagundi, Apr. 14; Best of the Fray; Protein Wisdom; “Finding the wrong answer” (editorial), USA Today, Apr. 14). For more links on air profiling, see our aviation page archive.
Tactical advantages of shotgun lawsuits
Why sue every physician on the patient’s chart? One reason, via KevinMD (May 6): “Plaintiffs’ lawyers love it when physicians point fingers at each other. They can just sit back and watch the doctors destroy each other.” (Berkeley Rice, “Watch out for this malpractice trap!”, Medical Economics, May 5).
UK: Great moments in human rights law
Nine Afghan asylum seekers who hijacked a plane at gunpoint to get to Britain should have been admitted to the country as genuine refugees and allowed to live and work here freely, the High Court ruled yesterday.
In a decision that astonished and dismayed MPs, the Home Office was accused of abusing its powers by failing to give the nine formal permission to enter Britain, in breach of their human rights.
(Philip Johnston, “Hijackers have a right to live in Britain”, Daily Telegraph, May 11; “Give us back our rights” (editorial), May 14).
NSA phone snooping
Here come the first of what will doubtless be many lawsuits against telephone companies: two New Jersey lawyers want $5 billion from Verizon. (Beth DeFalco, “Verizon sued for giving NSA phone records”, AP/San Jose Mercury News, May 12). Orin Kerr has more (here, here and here), while Riehl World View checks out one of the lawyers involved (May 13). Also: Heather Mac Donald, “Information Please”, Weekly Standard, May 22. P.S. And now Verizon, decrying “glaring and repeated falsehoods” in the media, “said it was not asked by the government agency to provide, nor did Verizon give out, customer phone records from any of its businesses, or any customer call data.” (David Ellis, “Verizon denies giving out phone info”, CNN Money, May 16). More: Carolyn Elefant.