Archive for the ‘Uncategorized’ Category

Wanland v. Mastagni, Holdstedt & Chiurazzi

This complicated case “starts with what would be universally recognized as the worst of all possible worlds — an automobile accident between two lawyer-affiliated people”. And from there it gets worse, and worse, and worse. (Shaun Martin, California Appellate Report, Jul. 7).

“National Divorce Rate Reaches New Highs in Bitterness”

Comparatively few spouses blow up buildings, as police suspect a Manhattan doctor may have done, but things can still get pretty extreme:

Prominent New York divorce attorney Raoul Felder was more specific. “I had a client murdered by his wife,” Felder said. “I have seen [cases in which] a kitten [was] put in a washing machine, a puppy in the microwave — the puppy died, the kitten lived.

“I have seen art collections slashed, a guy with a vinyl record collection had it returned by his wife all smashed into bits,” Felder added. “I’ve seen clothes ripped up. One gentleman got his wife tickets to some hot play, and when she returned, her stuff was in the street. I’ve seen children taken at airports.”

(Chris Francescani and Kristen Depowski, ABCNews.com, Jul. 11; Anemona Hartocollis and Cara Buckley, “Divorce, Real Estate and Rubble: When Marriages Go Really Awry”, New York Times, Jul. 12 (note similar quotes from Felder, who’s clearly not afraid to give the same interview twice); Jane Ridley, “Divorce gets dirty”, New York Daily News, Jun. 12(et plus encore for that same kitten and puppy)). And: Rebecca Goldin at STATS.org chides ABC for sensationalism (Jul. 14).

Bonus video link: Patsy Cline, “A Church, A Courtroom, and Then Goodbye” (YouTube) (via Terry Teachout’s fabulous new listing of online video and audio resources).

Lott v. Levitt, Part VI

Lott filed his response to the motion to dismiss Monday. Lott seems to have the better of this exchange as a matter of positive (if not normative) law because of the liberal pleading rules that make it nearly impossible to dismiss a case on the pleadings. That has little predictive value for what happens afterwards. (Note, however, the Northern District of Illinois’ Local Rules’ 15-page limit, which make it nearly impossible to file a motion for summary judgment without the permission of the court.)

Previous entry.

“Tide turns against rape — but why?”

“The Washington Post recently reported that since the 1970s, rape has diminished in frequency by some 85 percent.” Both feminists and televangelists would seem to have some trouble accounting for this welcome trend, given that access to pornography on the one hand, and the trappings of modernism in general on the other, remain ubiquitous (Steve Chapman, syndicated/Chicago Tribune, Jun. 29)(reg).

Slavery reparations gaining momentum?

The Associated Press claims, on evidence whose strength readers may assess for themselves, that advocates of slavery reparations now constitute a “sophisticated, mainstream movement” which is “quietly chalking up victories and gaining momentum”. Amid all its cheerleading for the concept, the article brings in my Manhattan Institute colleague John McWhorter for token balance (Erin Texeira, “Slavery reparations gaining momentum”, AP/Boston Globe, Jun. 9).

Soup-tampering does not pay

“A federal grand jury indicted a Stockbridge, Ga. man Thursday on charges he poisoned his own children with tainted soup in an attempt to extort money from soup maker Campbell’s.” Prosecutors say William Allen Cunningham, 40, on three occasions in January fed his children, aged 3 years and 18 months, soup spiked with dangerous substances which resulted each time in their hospitalization. Cunningham allegedly told police he planned to sue the Campbell Soup Company for money based on the injuries. (“Man Indicted For Poisoning Soup and Feeding It to His Children”, WXIA/FirstCoastNews, Jul. 7; Priscilla Rodriguez, “Dad accused of tampering with kids’ soup”, KNX NewsRadio, Jul. 7). And in Newport News, Va., Carla Patterson was sentenced to 12 months in jail as punishment for a scam in which she and her son Ricky claimed to have found a dead mouse in the soup at a Cracker Barrel restaurant, for which they sought $500,000 (Jun. 3, 2004); evidence indicated that the mouse had neither drowned nor been cooked, but had died of a fractured skull. (“Woman gets year in jail for mouse-in-soup scam”, WAVY-TV, Jul. 6; Beverly N. Williams, “Mother gets year in mouse soup case”, Newport News Daily Press, Jul. 6).

Fla. high court nixes Engle

The Florida Supreme Court has backed an appeals court’s dismissal of the absurd $145 billion verdict against cigarette makers in the Engle case. The court’s opinion is split in complicated ways, but the defeat for attorney Stanley Rosenblatt is unmistakable. (Daniel Pimlott, “$145bn award against tobacco giants goes up in smoke”, Financial Times/MSNBC, Jul. 6). The opinion is here (PDF)(via Bashman). I’ve written extensively about the Engle case at earlier stages, including op-eds for the Wall Street Journal Jul. 12, 1999, Jul. 18, 2000 and May 23, 2003. Much more background here.

DontDateHimGirl.com

The website invites women to post negative “reviews” warning others against men who are poor dating material. Now it’s being sued by Pittsburgh criminal defense lawyer Todd Hollis, who says false and defamatory material about himself appeared on the site. (Moustafa Ayad, “City lawyer sues ‘don’t date him’ Web site”, Pittsburgh Post-Gazette, Jun. 30; Carl Jones, “Scorned Attorney Sues Kiss-and-Tell Web Site”, Miami Daily Business Review, Jul. 5; Robert Ambrogi, Legal Blog Watch, Jun. 30; Lattman, Jul. 3; Evan Brown, Jul. 1.