Norm Pattis, who says he has litigated scores of unreasonable search claims on behalf of individual plaintiffs, has some thoughts (Apr. 18) on excessive class action fees, occasioned by the news that in Connecticut, “a simple case against the Department of Corrections involving strip searches of inmates is about to yield a $2.5 million settlement. Of that [sum], about $834,000 will go to attorney’s fees.”
Author Archive
Update: Jury clears Diaz of tax evasion charges
In the latest chapter of the long-running Mississippi judicial scandal (Dec. 10, etc.), a jury has cleared Mississippi Supreme Court Justice Oliver Diaz Jr. of federal tax evasion charges. (Jimmie E. Gates, “Jury clears Diaz”, Jackson Clarion Ledger, Apr. 28; Julie Goodman, “Diaz acquittal fuels election questions”, Jackson Clarion Ledger, Apr. 29). Earlier, a jury had acquitted Diaz of corruption charges while failing to resolve charges against several other figures in the long-running case, who face retrial in August.
“Assistant U.S. Attorney Don Burkhalter said loans backed by prominent attorneys Richard Scruggs and Paul Minor were not repaid by the Diazes, ‘who used substantial amounts of the money for personal use. They didn’t put it on their tax return.'” (Shelia Byrd, “Diaz attorney says client didn’t deliberately withhold tax information”, AP/Biloxi Sun-Herald, Apr. 25). “Defense attorneys described Diaz as a disorganized fellow who left details such as taxes and finances to his wife and who would not knowingly hide income from the government.” (“Jury acquits Diaz in tax case”, AP/Biloxi Sun-Herald, Apr. 27; Jimmie E. Gates, “Prosecutor: Diaz didn’t report all funds to IRS”, Jackson Clarion Ledger, Apr. 26).
Latest newsletter
Isn’t it time you signed up to receive our free periodic newsletter? The latest installment went out to subscribers Friday afternoon, summarizing highlights of recent postings in terse yet wry style. To read the latest issue — or to join or leave the list, change your address, etc. — visit this page (requires Google registration).
Florida “pit bull lawyers” case
“Shaking down the defendants for ubiquitous trivia”
Guestblogger Peter Morin earlier this month took note of a bracing decision by Judge David Sills, presiding justice for a California court of appeal, overturning a $540,000 settlement in a Proposition 65 toxic-warning case filed by what he called “bounty hunters”. The National Law Journal has followed on with more details of the case, Consumer Defense Group v. Rental Housing Industry Members, in which a law firm, acting on behalf of a supposed consumer group and complainant, “sued 170 apartment building owners around California and the Rental Housing Industry trade association for failure to warn of the danger of cigarette smoking by tenants anywhere in the building and parking lots where auto exhaust might expose tenants to carcinogens. … the ultimate global settlement included a promise to post a generic warning on buildings and a laundry list of potential sources of cancer provided on a Web site, including furniture, paint, construction materials, cleaning supplies, swimming pool chemicals, pest control and landscaping.” It gets better:
“Trade group wanted to buy its peace and was willing to pay off the law firm to obtain it, in return for which the owners would also get a favorable deal with regard to any future litigation concerning Proposition 65 violations,” Sills wrote. But he saved his wrath for Graham & Martin. “Consumer Defense Group and McKenzie are simply straw plaintiffs set up to enable the law firm of Graham & Martin to obtain legal fees in Proposition 65 litigation. We will therefore refer to the ‘plaintiffs’ by the title most substantively accurate: Graham & Martin,” said Sills.
For our earlier coverage of Prop 65 bounty-hunting, see May 26, 2005 and links from there (Pamela A. MacLean, “Calif. Judge Blasts Firm in Toxic-Warnings Case”, National Law Journal, Apr. 13).
Site outages
Like many other blogs, Overlawyered was down for much of Friday because of a DOS (denial-of-service) attack aimed at our hosting service, Hosting Matters. Michelle Malkin has some details, here and here. More: Webloggin has some observations about the nature of the DOS attack, while Dad29 proffers an Overlawyered-centric explanation for the whole affair.
“It’s as if our culture had been taken over by lawyers”
“– which, of course, it has.” Terry Teachout on bureaucratic euphemism (Apr. 28).
Don’t
More things not to do if you’re a practicing lawyer, all from recent Law.com reports: Don’t abscond with the down payments that your real estate clients have laid down on houses, as 19 New York attorneys apparently could not resist doing last year (John Caher, “Light-Fingered Lawyers Cause Spike in Client Fund Payouts”, New York Law Journal, Apr. 17). Don’t “[hum] ‘The Twilight Zone’ theme song to imply a client’s ex-wife — seated at the same table during a post-judgment divorce proceeding — is mentally unstable,” which drew a reprimand for Torrington, Ct. attorney Steven H. Levy (Douglas S. Malan, “Attorney Gets Static for ‘Twilight Zone’ Rendition During Divorce Proceeding”, Connecticut Law Tribune, Apr. 13). And if you’ve gotten caught in a colorful episode of legal malpractice in which you falsely claimed (among other things) to have founded an L.L.M. program at New York University School of Law, don’t engage in “elaborate and sometimes fraudulent efforts” to avoid paying the judgment to your former client, for which offense federal judge Denise Cote requested that the U.S. attorney’s office prosecute New York lawyer David A. Dorfman (Tom Perrotta, “Federal Judge Requests Prosecution of Attorney for Criminal Contempt”, New York Law Journal, Apr. 19). More in our “Don’t” series: Aug. 3 and Sept. 13, 2005; Jan. 20 and Apr. 12, 2006.
Attempts suicide on Death Row, wants $35M from jailers
Ronnie Joe Neal, who got to Texas’s Death Row by committing a particularly heinous sex murder, says Bexar County jailers didn’t act speedily enough to save him after he attempted suicide by downing 50 prescription tablets. So he wants $35 million in his civil rights lawsuit, in which he’s represented by attorney James Myart. (Ken Rodriguez, “Alamo Heights teacher’s killer wants $35 million worth of ‘justice'”, San Antonio Express-News, Apr. 21). Similar: Apr. 17.
Jane Jacobs, 1916-2006
A likely winner of the Stendhal lottery — the one in which the prize is to write a book that will still be read a hundred years after it saw day — the urbanist is remembered by the Manhattan Institute’s Howard Husock at City Journal and by Tyler Cowen, Jesse Walker, Sissy Willis, Witold Rybczynski at Slate, Alan Ehrenhalt, New Haven Independent and Ann Althouse, to list just a small sampling. I put in my own laudatory two cents in a 1998 Reason symposium. More: 2Blowhards.