But if anyone was wondering, that still doesn’t mean we’re going to let anything and everything pass in the comments section here. (American Constitution Society Blog, Feb. 26 (via GruntDoc); Reynolds, Feb. 26) (Universal Communication Systems v. Lycos).
Archive for the ‘Uncategorized’ Category
Nineteenth time’s the charm
Ted’s Monday roundup links to a story below about a bar applicant who was disqualified because he faked a disability to get accommodations on the bar exam; he also cheated. The punch line is, none of it helped; he failed the exams on which he cheated and got unjustified accommodations. And not just those exams:
According to the Committee’s findings, between July 1988 and July 1998, Bedi failed the D.C. bar examination twelve times and failed the Virginia bar examination six times.
I guess he really wanted to be a lawyer.
“Philly Inquirer sued over three-sentence restaurant review”
That’s Romenesko’s summary of this news item about a lawsuit by Chops Restaurant against food critic Craig LaBan over a review published in the city’s best-known newspaper, which the item rudely refers to as the InqWaster (Dan Gross, “Chops sues LaBan”, Philadelphia Daily News, Feb. 21). More on lawsuits over restaurant reviews: Jan. 3, 2006 (Dallas); Feb. 10, 2007 (Belfast).
February 26 roundup
- High-school basketball player gets TRO over enforcement of technical foul after pushing referee. [Huntington News; Chad @ WaPo]
- Madison County court rejects Vioxx litigation tourism. [Point of Law]
- Faking disability for accommodation disqualifies bar applicant [Frisch]
- DOJ antitrust enforcement doesn’t seem to be consistent with U.S. trade policy position. [Cafe Hayek]
- Professor falsely accused of sexual harassment wins defamation lawsuit against former plaintiff, but too late to save his job. [Kirkendall]
- Watch what you say dept.: Disbarred attorney and ex-felon sues newspaper, letter-to-editor writer, Illinois Civil Justice League. (His brother won the judicial election anyway.) [Madison County Record; Belleville News Democrat; US v. Amiel Cueto]
Thanks for listening…
I want to thank Walter Olson and Ted Frank for honoring me by giving me an opportunity to guest blog here while Ted is away this week.
First, I guess I should introduce myself, for those of you wondering who the heck I am. I’m an attorney licensed in New Jersey, with a practice which focuses on commercial litigation. Aside from myself, I have several relatives who are attorneys, so it should be clear that I have nothing against lawyers. (In fact, despite all the evidence to the contrary here on Overlawyered, I happen to think we perform a useful function.)
My axe to grind is with those (such as the folks over at the website Ted affectionately calls “Bizarro-Overlawyered”) who want to use the courts, not to enforce agreements or to compensate the victims of wrongdoing, but merely as a way to transfer wealth from corporations to trial lawyers, ostensibly on behalf of consumers.
One of my first close encounters with overlawyering was in the early 1990s, when a classmate of mine got drunk, climbed up on a train, and electrocuted himself; coincidentally, this old incident was mentioned on Overlawyered just a few weeks ago. At the time, I was perhaps naively shocked to find out that someone who was so obviously in the wrong could successfully point a finger elsewhere (or in this case, a lot of fingers) and cash in. The case had everything: a grossly irresponsible plaintiff, innocent defendants whose only fault was having deep pockets, and even the failure of immunity laws to prevent abuse of the tort system. Since then, I’ve become less naive, but I’m no less shocked at these types of stories.
Oh, and I used to blog about politics more generally at Jumping to Conclusions, although I haven’t updated that in quite a long while. In any case, I’m happy to be here.
Disposition of Anna Nicole Smith remains
Wilkes & McHugh sued over alleged Tenn. fee grab
Tampa-based Wilkes & McHugh, which has enjoyed much success filing suits against nursing homes in many states, “is now on the defense end of a suit that contends the firm knowingly violated Tennessee law regarding contingency fees.” Former client Debbie Howard, who hired the firm to sue a Memphis nursing home, says it “engaged in an unlawful scheme to collect 40 percent or 45 percent in contingency fees of settlement amounts, although Tennessee law caps fees to 33 and 1/3 percent in medical malpractice cases. The complaint says the law firm charged the higher and unlawful contingency fee to hundreds of clients in Tennessee.” In its response, the law firm says the complaint is “scurrilous” and based on falsehoods, and says Howard never appealed a Tennessee court order approving the fees. (Liz Freeman, “Tampa law firm faces contingency fees lawsuit”, Naples (Fla.) News, Jan. 14; Scott Barancik, “Firm gets a taste of dish it serves”, St. Petersburg Times, Feb. 17). For more on the law firm, see Mar. 13-14, 2001, Jul. 6, 2005, and Jun. 22, 2006, as well as Scott Barancik, “Law firm’s success against nursing homes has a price”, St. Petersburg Times, Jul. 24, 2004.
“My first DMCA takedown”
“Will Sue For Food”, cont’d
Kentucky trial lawyers just won’t let up in their po-faced indignation about that innocuous cartoon in the state bar magazine (see Feb. 15 roundup). “‘The cartoon exhibits an indifference to the rights of all Kentuckians to access the justice system — the very system the KBA is charged with preserving on behalf of its members and their clients,’ Bowling Green lawyer Steve Downey, the immediate past president of the trial lawyer group, said in a letter to the bar association.” (Andrew Wolfson, “Trial lawyers find nothing funny in cartoon”, Louisville Courier-Journal, Feb. 19). David Lat covers the story (Feb. 20). What would have taken guts, I think, is for the Kentucky bar magazine to have run a cartoon making reference to the state’s deeply embarrassing fen-phen fee scandal. But let’s not hold our breath waiting for that.
Radio appearances
Yesterday I joined Vicki McKenna on Madison, Wisconsin’s WIBA to discuss Katrina insurance litigation as well as the Supreme Court’s punitive damages rulings. And on Jan. 23 I was a guest on Jim Blasingame’s national “Small Business Advocate“.
