Who wrote that line, and about which city? Terry Teachout knows.
Author Archive
Oz: a sued gardener’s plight
Even the loser-pays principle wasn’t enough to shield 78-year-old backyard gardener Vincenzo Tavernese of Hornsby, New South Wales, from a far-fetched claim by litigious neighbors claiming injury from the pesticides he used. “The growing popularity of no-win, no-fee law [in Australia] has led to an increase in litigation with little downside for the losing plaintiff. It has been a major driver of the liability crisis.” (Miranda Devine, “Don’t blame me, I’m just the lawyer” (opinion), Sydney Morning Herald, Mar. 4). The article drew responses in the form of letters that appeared in the SMH (one of which asserts that defendant Tavernese had the right to seek a costs security order in the litigation requiring the plaintiffs to show an ability to pay his fees if unsuccessful); a response by Ian Harrison SC defending contingency fees; and a discussion on the Slattsnews blog.
Cochran’s multistate presence
Celebrity attorney Johnnie Cochran has been working hard to expand his Los Angeles-based law firm into a nationwide presence (“America’s Law Firm”, proclaims a banner on its website), and it now claims offices in ten states. Last month, amid considerable fanfare, the Cochran firm announced that it plans to merge with the Las Vegas personal injury law firm of Mainor Eglet Cottle, which we have had occasion to mention on this site in its previous incarnation as Mainor Harris (see “Crumbs from the Table”, Feb. 8-10, 2002) (Alana Roberts, “Celebrity lawyer Cochran in deal with LV law firm”, Las Vegas Sun, Mar. 2; Xazmin Garza, “Law firm set to go national”, Las Vegas Business Press, Mar. 5). It happens that the case involving Mainor Harris that we discussed two years ago, regarding charges of malfeasance in dividing a settlement on behalf of a catastrophically injured client, is still pending on appeal, and makes quite a colorful story (Ed Vogel, “Lawyer accuses two others of lying to judge”, Las Vegas Review-Journal, Feb. 10). As for the Cochran firm, its national footprint may be somewhat less impressive than you’d assume from its big Yellow Pages spreads, or at least so we gather from Evan Schaeffer’s account last month (Mar. 2) of what happened when he decided to pay an unannounced visit to the firm’s listed St. Louis offices: “The security guard had never heard of the Cochran Law Firm.”
Fen-phen: O’Quinn extracts $1 billion from Beaumont jury
“A jury awarded $1 billion to the family of a woman who once took the Wyeth-made diet drug Pondimin, part of the now-banned weight-loss combination fen-phen.” Cynthia Cappel-Coffey, who died last year at 41 of primary pulmonary hypertension (PPH), did not develop symptoms of PPH until more than four years after using the Wyeth drug. According to Bill Sims, a lawyer for Wyeth, the Beaumont judge refused to allow the company to introduce evidence that Cappel-Coffey had taken four other diet drugs in the intervening years, although all four of the other drugs warn of a risk of PPH. Wyeth has already set aside nearly $17 billion for fen-phen litigation. (“Jury awards $1 billion to family of woman whose death was connected to diet drug”, AP/Court TV, Apr. 28; Reed Abelson and Jonathan D. Glater, “Texas Jury Rules Against the Maker of Fen-Phen, a Diet Drug”, New York Times, Apr. 28; Tony Freemantle, “Beaumont jury awards $1 billion in diet drug suit”, Houston Chronicle, Apr. 28). (More: Texas Lawyer). For more on fen-phen litigation, see Jan. 25, Jan. 6, Aug. 19 and links from there. For more on Beaumont, that very special jurisdiction, see Jul. 31 and many more. And for more on attorney John O’Quinn, a frequent source of material for this page, see Feb. 26 and many more.
Send Overlawyered a letter, go on TV
Viewers of Catherine Crier’s show on Court TV yesterday (see yesterday’s entry) should follow these links to find out more about the stories we discussed: lawsuit over unsolicited faxes results in unsolicited faxes to clients; the perils of road courtesy; lawyers paying per click for searches on words like “mesothelioma”; Florida divorce lawyers send “Dear Prospective Client” letters to persons who don’t know yet that they’re being divorced (& see Apr. 14); and court refuses to enforce scuba diving waiver. The highlight came when Crier interviewed by telephone Overlawyered reader Rick Provost of Richmond, Va., who wrote a letter to the editor alerting us to the story after receiving an unsolicited fax advising him of his rights in the class action lawsuit.
“Long-shot legal tactic”
“Addicted gamblers who voluntarily bar themselves from casinos are beginning to pursue novel theories of liability against the betting establishments.” As we reported last Sept. 7, however, the new claims have not been faring well in court. (Dee McAree, National Law Journal, Mar. 17). For more on you-didn’t-throw-me-out suits, see Nov. 6, Aug. 1.
Catherine Crier show today
I’m scheduled to appear again on Court TV’s Catherine Crier Live this afternoon (5-6 p.m. EDT, check listings for time of broadcast in other time zones), discussing more stories from this website (including stories sent in by readers on our letters page).
More Veeps ATLA could love
Among those much mentioned as a possible running mate for presumptive Democratic nominee John Kerry is second-term Iowa Gov. Tom Vilsack (Adam Nagourney, “Kerry seeks running mate in 8 weeks”, New York Times/Contra Costa Times, Apr. 4; a Vilsack fan site; David Hogberg, “Vilsack for Veep?”, National Review Online, Feb. 10). Back home in Iowa, liability reform has been a contentious issue in the legislature this year, and although caps on pain and suffering in medical malpractice suits have passed both houses of the legislature, they are considered nearly certain to face a veto when they reach Vilsack’s desk. This does not come as the most total surprise in the world since Gov. Vilsack is a former president of the state’s trial lawyers association. (Tanya Albert, “Iowa governor might not sign tort reform bill”, American Medical News (AMA), May 3)(via MedRants). Another Midwestern Democratic Governor who has been mentioned as a potential running mate for Kerry is Kansas’s Kathleen Sebelius (Mark Z. Barabak, “Edwards Isn’t a Cinch for the No. 2 Slot”, Los Angeles Times, Mar. 3). In one of those coincidences that one encounters so seldom in novels and so often in real life, Sebelius also headed her state’s trial lawyer association, in this case as executive director (see May 5, 2003). See also “Veeps ATLA could love”, Jul. 7-9, 2000.
Indiana non-getaway leads to suit
Latest motorcyclist to try to outrun police cars in a high-speed pursuit: Brandon S. Hilbert, in Portland, Ind., who was driving on a suspended license with no motorcycle endorsement. He failed to make it around a curve after a chase that reached 130 mph, and his survivors are suing the city and two police officers alleging civil rights and tort causes of action. (“Family Sues Over Fatal Police-Chase Crash”, TheIndyChannel, Apr. 21).
Unanimity by way of professional solidarity?
Encountering the winds of adverse opinion at a Texas law school: “Previously, I had nearly been lynched at a happy hour by the editors of my former [law] journal for expressing support for Proposition 12, permitting limits on civil damages. ‘Even if you want to do defense work, you should be against it because fewer lawsuits means fewer hours billed defending them!’ My suggestion that one might support a law based on the public good rather than naked self interest was met with blank stares.” — law student blogger SlitheryD, Apr. 12.