Overlawyered: Chronicling The High Cost Of Our Legal System

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Priceless pets, cont’d

Boston: “The family of Cassius, the dog killed by leaking electricity from an old NStar Electric lamppost site, said last night it had turned down $200,000 in ‘comfort money’ from NStar and is demanding $740,000 from the utility or it will sue. The family said it picked the dollar figure because it equals NStar chief executive Thomas J. May’s annual salary.” It’s so hard to be an ordinary family grieving for a lost pet — much fairer if we were an affluent family grieving for a lost pet (Peter J. Howe, “Dog’s family demands $740,000”, Boston Globe, Mar. 8). For earlier stories on pets’ sentimental value and the dollar figures attached thereto, see Jul. 30, Nov. 21 and Dec. 10, 2003, etc.

More: Robert Ambrogi (LawSites) thinks I should have included more details from the Globe story that tend to cast the DeVito family’s suit in a more sympathetic light, such as that (his words): “The family would donate most of the $750,000 to the Massachusetts Society for the Prevention of Cruelty to Animals and the Animal Rescue League.” My response:

I wonder how you reach the conclusion that the family “would donate most of the $750,000” ($740,000 per the Globe) to animal charities. At the press conference, according to the Globe, attorney John G. Swomley — who was at pains to portray the suit as not a money grab — said the family plans on “keeping $200,000, plus enough to pay for four years of college for Kyle and his brother Alec, 10”. At, say, Boston College (currently $37,413 room and board, and who knows how high the figure’ll be by the time the boys are grown?) that amounts to roughly another $300,000 ($37K x four years x 2 boys), leaving $240,000 of the settlement. And assuming Swomley takes, say, 30% of the $740,000 = $220,000 for his fee, that would leave a grand total of $20,000 to go to the animal charities — assuming there aren’t expenses and that sort of thing to be charged against the remainder.

You’re probably right that I should have expanded my three-sentence summary of the case at Overlawyered to delve further into these matters, since they afford valuable insight into how lawyers can manage the p.r. aspects of their cases.

Further: his response. (& letter to the editor, Mar. 15).

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Chimpanzee victim St. James Davis v. West Covina

Former NASCAR driver St. James Davis is in critical condition after losing a nose, a cheek, an eye, his lips, a foot, all of his fingers, his testicles, and part of his buttocks to a disturbingly gruesome chimpanzee attack at a wildlife sanctuary Thursday; his wife, LaDonna, also lost a thumb before the escaped chimps were shot by the sanctuary owners.

The Davises were visiting a different chimpanzee, their former pet, Moe. They had previously settled a civil rights lawsuit against West Covina for $100,000 as part of the fallout stemming from the city criminally charging the couple for keeping a dangerous animal. His lawyer, Gloria Allred, accused the city of overreacting when Moe bit a policeman and a woman in separate incidents, and succeeded in creating enough of a press-storm that the city backed down after having poured a quarter million dollars into Moe-related legal fees. (The policeman required $250,000 in medical treatment.) Davis won a previous lawsuit against West Covina in the 1960s allowing him to keep his chimpanzee in town because a judge held the chimp “doesn’t have the traits of a wild animal and was somewhat better behaved than some people.” But never fear, Ms. Allred is on this case also, and has been cited by the press as demanding “immediate answers”; the couple hasn’t decided whether they’ll sue. (David Pierson and Mitchell Landsberg, “A Primate Party Gone Horribly Awry”, Los Angeles Times, Mar. 5; Christina L. Esparza, “Saga of Moe takes a bizarre twist”, San Gabriel Valley Tribune, Mar. 3; Christina L. Esparza, Ruby Gonzales, and Karen Rubin, “Moe’s owners mauled”, San Gabriel Valley Tribune, Mar. 4; AP, Mar. 5; “Woman Has Faith in Chimps Despite Attack”, Good Morning America, Mar. 7; “Officials try to find what caused chimp attack”, KGET-17, Mar. 7; Cara Mia DiMassa, “2 Cities Can’t Get the Hang of Chimp’s Situation”, Los Angeles Times, May 10, 2002; Linda Deutsch, AP, Oct. 15, 1999; AFP, Feb. 4, 2000 (kibo commentary); Richard Winton, “Los Angeles to remain Moe-less”, Los Angeles Times, Jul. 21, 2001; Jeff Jardine, “Chimp charm is film illusion”, Modesto Bee, Mar. 6). Once upon a time, Moe was considered a leading candidate for the principle that animals should have court standing. (Amanda Onion, “Lawyers: Animals Should Be Able to Sue”, ABC News, May 13, 2002).

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Iowa Poetry Awards

“An online group of self-described ‘literary watchdogs’ is threatening a class-action lawsuit against the UI Press, alleging that recent awards for poetry were unfairly given to writers with ‘illicit’ ties to the program. Postings at foetry.com demand a return of $20 reading fees after the 2004 Iowa Poetry Awards — open to anyone inside or outside the university — were given to people with ties to the UI. University officials note that the contest employs blind judging, in which the authors’ names are removed from the manuscripts.” (Drew Kerr, “Two allege bias in UI Press poetry awards”, Daily Iowan, Feb. 28)(via Schaeffer who got it from Maud Newton).

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Update: Mississippi “60 Minutes” suit

More than two years ago (see Dec. 16-17, 2002), following a CBS “60 Minutes” installment exposing “jackpot justice” in Jefferson County, Mississippi, two former jurors struck back with an intimidating lawsuit against the network and two local interviewees. Now Ted reports at Point of Law (Mar. 4) that the Fifth Circuit has affirmed the suit’s dismissal by a federal district court; that court “assumed jurisdiction after it found that state defendants had been fraudulently joined in an attempt to defeat federal jurisdiction”.

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Zulu Coconut Suit

Remember those “Zany Immunity Law Awards” from the “Center for Justice and Democracy” that complained that Louisiana gave immunity from suit for some injuries from thrown Mardi Gras prizes? The law was passed in 1987 when liability fears stopped the Zulu Krewe from the popular tradition of tossing decorated coconuts. But the lawsuits continue claiming to fit within the loopholes, and though Zulu, which had already limited itself to handing coconuts out, usually wins them, they’re having trouble finding affordable liability coverage because of the cost of defending the suits. “‘We’re protected by the law,’ said Gary Thornton, chairman of Zulu’s governing board, ‘but it doesn’t stop people from filing lawsuits against us.'” At least five other krewes have been sued for this year’s Mardi Gras over other thrown prizes. (Leslie Williams, “Girl hit by Zulu coconut sues krewe”, New Orleans Times-Picayune, Mar. 1; “Zulu reigns supreme as crowd favorite”, Louisiana Weekly, Feb. 7) (via RiskProf).

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McCain-Feingold

Expect it to begin serving soon as the basis for regulation of bloggers’ political speech, predicts Brad Smith of the Federal Election Commission. (Declan McCullagh, “The coming crackdown on blogging” (interview with Bradley Smith), CNet/News.com, Mar. 3). Michelle Malkin has a roundup of reactions (Mar. 3). More: Prof. Bainbridge follows up (Mar. 6).

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AEI: Who Is to Blame for Obesity?

A webcast of today’s American Enterprise Institute panel on obesity and lifestyle litigation is now on-line. I spoke at the second panel, moderated by AEI’s Michael Greve, along with activists Richard Daynard and Alison Rein, and Thomas Haynes of the Coca-Cola Bottlers’ Association. Todd Zywicki moderated an earlier panel on empirical research on the causes of obesity.

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Flint’s mayor retreats

On Jan. 21 Mayor Don Williamson of Flint, Mich., issued an executive order directing the city not to do business with any enterprise or person who had sued the city during the previous five years. Last week he announced a retreat from that policy, his spokesman saying a record of having sued the city would henceforth be considered as one factor among others rather than as an automatic bar to doing business.

Williamson’s original order had been criticized on various grounds, and the local ACLU chapter had threatened — what else? — to sue the city over the policy. Now, it should be noted that a municipality’s blanket refusal to do business with lawsuit-filers very likely might run afoul of various laws: employment discrimination statutes, to take one notable example, typically include provisions banning employers from “retaliating” against persons who sue under them. Other state laws on topics such as procurement might also be plausibly implicated, and perhaps constitutional doctrines as well. On the other hand, news accounts portray the ACLU chapter as adventurously asserting some sort of universal if heretofore unenumerated right not to be retaliated against by any official body on the grounds of a record of litigiousness — so that an asphalt contractor, for example, with a record of getting into repeated wrangles with the city over the terms of past contracts might have a constitutional right not to have that held against it in future competition for business. Given Flint’s announced policy of continuing to consider proneness to litigation as one factor among others, it may be predicted that the controversy has not been finally put to rest. (Christofer Machniak, “Flint’s no-sue policy modified”, Flint Journal, Feb. 25; “Flint rescinds policy barring business with companies who have sued city”, AP/Detroit Free Press, Feb. 24).

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Damages for weather-forecast inaccuracy

Ill-conceived liability proposal #91,204, this time from Russia: “Weather forecasters in our city and the surrounding area will be held responsible for financial losses that the city incurs through their incorrect prognoses,” said Moscow Mayor Yuri Luzhkov. (“Weathermen face fines”, Ananova, Feb. 23; Peter Finn, “Forecasters Feeling Some Official Heat”, Washington Post, Mar. 1)(via Alex Tabarrok).