Was high-profile civil rights lawyer and NYU lawprof Burt Neuborne working pro bono in the Swiss banks reparations case? Well, yes and no, it now seems. (William K. Rashbaum, “Lawyer’s $4.1 Million Fee Angers Holocaust Survivors”, New York Times, Feb. 25; Lattman, Feb. 27). Later updates: Jun. 30, Jul. 6, Oct. 6, 2006; Mar. 18, 2007.
Author Archive
Sued for taking baths too early
Shannon Peterson, a special education teacher in the Arvada, Colo. public schools, “can’t believe she’s being sued for bathing before leaving for work.” But the elderly couple who lives upstairs from her Denver condo unit have been complaining about noisy pipes, and unfortunately for Ms. Peterson they happen to have a son, Sheldon Smith, who’s an attorney at the large law firm of Holland and Hart. Represented by their son, the Smiths “sued Peterson just before Christmas, citing the ‘reckless and negligent use of her bathtub.'” Before that, the younger Smith had fired off a letter to Peterson, saying her “intransigence … and tortuous conduct have resulted in incredible sleep deprivation for Mr. and Mrs. Smith. Your obstinacy has ruled the day. That will now cease.” According to the Denver Post, his demand letter insisted that Peterson not run water in her bathtub before 8 a.m. Peterson says she can’t afford steep legal fees on a schoolteacher’s salary; a judge has scheduled a hearing on the suit for March 22. (Mike McPhee, “Lawsuit: Baths swamp sleep”, Denver Post, Feb. 21).
Flying the trial lawyer skies
Duly noted: Pennsylvania state treasurer and U.S. Senate candidate Robert P. Casey Jr. last June made his first fund-raising trip outside the East Coast, flying to Dallas aboard a private jet owned by the law firm of Baron & Budd, poster kids for legal ethics in the asbestos realm. “Casey flew out of Dallas with more than $71,000, including $28,000 from employees of Baron and Budd.” (Carrie Budoff, “Money at center of Senate contest”, Knight Ridder/Centre Daily Times, Feb. 13)(OpenSecrets.org). Similar: Jan. 8, 2001 (Sen. Edward Kennedy).
Update: licensing eBay sellers
Now it’s California legislators: “California residents who sell goods on eBay could have to pay a $295 fee and be regulated in the same way as pawnbrokers under legislation designed to crack down on the sale of stolen property.” Opponents say the bill would drive out of business thousands of antique dealers and consignment shops, as well as eBay sellers and the dropoff shops and sellers’ agents that work with them. Pawnbrokers, who are pushing the legislation, say that state law already requires that sales of secondhand goods be reported to local law enforcement, but that the law has gone unenforced against everyone but themselves. In recent years influential Sacramento legislators, including Senate President Pro Tem John Burton (D-San Francisco), have unsuccessfully proposed measures to require secondhand sellers to report transactions to a state law enforcement database, which is the pawnbrokers’ key demand. (Greg Lucas, “Pawnbrokers try, try and try again”, San Francisco Chronicle, Feb. 25). We earlier discussed proposals for licensing of eBay sellers in Ohio (Mar. 21, 2005) and North Dakota (Oct. 13, 2005).
Update: Kreimer gets another settlement
Richard Kreimer, the homeless man who made headlines in 1991 when he won $230,000 from officials of the Morristown, N.J. public library, who had ejected him for his strongly offensive body odor and for repeatedly staring at patrons, has now obtained a settlement in his lawsuit against a New Jersey bus company whose drivers allegedly refused to let him board their vehicles for similar reasons (see Mar. 17, 2005). Kreimer says that as a condition of receiving money he is bound not to discuss the terms of the settlement. He still has individual lawsuits pending against the two bus drivers involved, as well as a separate federal lawsuit pending “against NJ Transit, the city of Summit, and others, alleging he was wrongly ejected from train stations because he is homeless.” Although a court later overturned the ruling on which the 1991 settlement had been based, it proved impossible to reclaim the $230,000 settlement paid him, which according to AP was spent about half on lawyers’ fees and half on Kreimer’s living expenses. (Wayne Parry, “Homeless man settles lawsuit against bus company”, AP/NJ.com, Feb. 17; New Jersey for Change, Feb. 18)(& welcome Fark readers — and apologies for the practice of Hosting Matters, which, we just now learned, blocks referrers from that popular site because it doesn’t want to process the burst of traffic. If you get a blocking message, try “refresh/reload” or go to our main page and scroll down).
“Midwest Oil fined for selling gas too cheaply”
Yep, it’s happened again: “The Minnesota Commerce Department on Thursday announced plans to fine a gas station chain $140,000 for repeatedly selling gas below the state’s legal minimum price.” (Tom Ford, Minneapolis Star-Tribune, Feb. 24). For earlier installments, see Jun. 5, 2004 (Minnesota again), May 21, 2005 (Maryland). And, of course, for the reverse, see Feb. 17, etc.
Sexual harassment, ITOD
In The Old Days (ITOD for short) it was very unlikely that a six-year-old would draw a three-day suspension from first grade on grounds of “sexual harassment”, as one just did, says Ned Crabb of the Wall Street Journal (“Schoolyard cred”, OpinionJournal, Feb. 24). More: Wendy McElroy comments (“Sexual Harassment Policies Need Reform”, iFeminists/Independent Institute, Feb. 17).
Sued by politico, Canadian blogger backs down
Mark Bourrie, who puts out the blog Ottawa Watch, indulged in some unkind comments at the expense of Warren Kinsella, a prominent operative in Canada’s Liberal Party. Then Kinsella filed a libel action demanding C$600,000. (Jorge Barrera, Ottawa Sun, Feb. 15; Jay Currie, Feb. 15). Although numerous well-wishers urged Bourrie to resist in court, the two sides settled the case within about a week and Bourrie published an apologetic note on his blog. Sequence of posts at Ottawa Watch: first, second, third, fourth, fifth, sixth, seventh.
Loses $14M gambling, sues drugmaker and casinos
Retired Texas doctor Max Wells is suing seven casinos and drugmaker Glaxo SmithKline, saying an anti-Parkinson’s drug predisposed him to compulsive gambling. “His lawsuit, filed Friday, says the drug company didn’t warn patients that Requip could cause compulsive behavior. And it cites a 2005 Mayo Clinic study that documented 11 Parkinson’s patients who developed compulsive gambling habits while taking Requip or a similar drug called Mirapex.” (Claire Osborn, Austin American-Statesman, Feb. 22; KevinMD, Feb. 22). More: Derek Lowe comments (Feb. 26).
Flash, Java? We’ve got those patented
Uh-oh: “A patent has been granted to a relatively unknown California Web-design firm for an invention its creator says covers the design and creation of most rich-media applications used over the Internet. The patent holder, Balthaser Online Inc., says it could license nearly any rich-media Internet application across a broad range of devices and networks. …The patent — issued on Valentine’s Day — covers all rich-media technology implementations, including Flash, Flex, Java, Ajax, and XAML, when the rich-media application is accessed on any device over the Internet, including desktops, mobile devices, set-top boxes, and video game consoles, says inventor Neil Balthaser, CEO of Balthaser Online, which he owns with his father Ken.” (Eric Chabrow, “U.S. Grants Patent For Broad Range Of Internet Rich Applications”, Information Week, Feb. 22).
