Archive for the ‘Uncategorized’ Category

Terror funding prevention

The Ninth Circuit reinstated indictments against seven defendants accused of financing a terrorist group. The ruling also reversed a district court ruling that invalidated the 1996 terrorism-financing law under which the US government had issued the indictments. The bush Administration has used the law as a tool to prosecute people who have allegedly bankrolled terrorist organizations by contributions to “charity” organizations. This ruling matches the outcome of a similar case before the Fourth Circuit Court of Appeals. Details are here.

The ruling is especially notable because the Ninth Circuit is generally considered the most liberal (and volatile) of the 12 regional circuit courts — it sits primarily in San Francisco and presides over appeals from US district courts in the far west and some mountain states; the Fourth Circuit is considered one of the two most conservative federal appeals courts and presides over appeals from district courts in the Carolinas, the Virginias and Maryland.

India Ebay criminal action

We’ve previously ridiculed suits against Ebay over items purchased there (e.g., Jul. 13, 2000); after all, if Ebay, as opposed to individual sellers, were to be held legally responsible for every transaction on the site, it would defeat the purpose of a low-transaction-cost Internet bazaar. But India has taken the illogic one step further by arresting and holding without bail Avnish Bajaj, the American head of the local affiliate website Baazee because a college student, in violation of the site’s policy, auctioned a (now-widely-available) two-minute amateur porn film made by a couple of teenagers from the prestigious Delhi Public School. (Saritha Rai, “EBay Fights India Arrest Over Sale of Sex Video”, New York Times, Dec. 21; Paul Watson, “Cellphone Sexcapade Fuels Scandal in India”, LA Times, Dec. 21; Rohit Wadhwaney, “From Baazee CEO to Jail No 3 of Tihar prison”, Times of India, Dec. 20).

Batch of reader letters

We’ve posted four more reader letters from our alarmingly backed-up pipeline, at our letters page. Among topics this time: Manhattan attorney Ravi Batra invites us to take a closer look at his lawsuit against the TV program “Law and Order”; can Texas exercise jurisdiction over out-of-state class action lawyers’ representation of Texas class members?; freeing innocent prisoners, and the other kind; and the continuum of disabilities.

Pop-Tart fire lawsuit

On June 1, 1998, Clark Seeley left the house while leaving Pop-Tarts heating in a toaster. Poor decision: there was a fire in the unattended toaster, and his house was damaged. Seeley blames not himself, but the toaster manufacturer. (The press doesn’t mention it, but Seeley’s insurance company initiated the suit before apparently settling.) The story is in the news now because (paging Peter Nordberg) the judge (probably correctly) held Wednesday that an expert’s study that a frosted-sugar pastry could conceivably start a toaster fire was admissible because it was falsifiable. The real question is why a court has let this case get to the stage where parties need to hire lawyers to supervise and submit reports from frosted-sugar pastry experts. (Michael Virtanen, “Judge Allows Expert on Pop-Tarts To Testify in Flaming Pastry Lawsuit”, AP/NY Sun, Dec. 17; Liberty Mutual Ins. v. Hamilton-Beach, 1:99-cv-01162-LEK-DRH (N.D.N.Y.)) The maker of Pop-Tarts was not sued, perhaps because the box warns consumers not to leave pastries unattended in the toaster. (Sean Carter, “Pop-torts”, November 2, 2001). Previous suit: Jul. 30, 2001. Update: New York Lawyer weighs in. (John Caher, “Engineer Ruled Expert Witness in Flaming Pop-Tart Case”, Dec. 21).

Clarence Thomas’s life and times

I’ve got a review in Sunday’s New York Post of Ken Foskett’s new biography “Judging Thomas”. (“Thomas’s Trials and Triumph”, Dec. 19). In his more than readable book Foskett concentrates on the remarkable life story of Clarence Thomas and makes next to no effort to evaluate his jurisprudence; but (contra Sen. Harry Reid) it’s not hard these days to find legal analysts who, while disagreeing with much of what Thomas stands for, acknowledge that he represents that viewpoint with much skill on the Court. For a sampling of such views, see David J. Garrow, “Saving Thomas”, The New Republic, Oct. 19, and, among bloggers, Gabe (“Unlearned Hand”) (Dec. 6) and Dispatches from the Culture Wars (Dec. 7). Also see Stephen B. Presser, “Touting Thomas”, Legal Affairs, Jan.-Feb. (more generally favorable view).

Thanks…

…to Andrew Sullivan for his kind reference on Thursday to Overlawyered as a “superb blog“. And also to David Frum today for calling this site “indispensable“, an even kinder reference in the context of disagreeing with my views, as here.

Judicial Hellholes III Report

The American Tort Reform Association today released its third annual Judicial Hellholes report — ATRA’s report on the worst court systems in the United States where “‘Equal Justice Under Law’ does not exist.”

Here is the press release from ATRA. The highlights, including the top nine worst areas (seven counties and two regions — all of West Virginia and all of South Florida) and a salute to Mississippi for its tremendous and far-reaching tort reforms are on this page. The full report is in PDF format here.

But there may yet be hope:

Read On…

The New Napster?

Major Hollywood studios, through their industry representative the Motion Picture Association of America, are suing more than 100 operators of computer servers that relay digitized movie files through on-line computer file-sharing networks, according to the Associated Press. The MPAA views the primary file-swapping services, eDonkey and BitTorrent as Napster-for-movies. The question is whether the argument will work.

Read On…

Self-Introduction

Please allow me to introduce myself, I’m a man of . . . pseudonyms and a small blog.

Greetings. I am The Monk, founder and primary author of The Key Monk a small politics-and-sports blog I started in April and which my old high school buddy and I now work on in our spare time.

I am a lawyer in Texas who has run the law firm private practice gamut: large general practice firm to medium-size insurance defense firm (where I was on the frontlines in the asbestos wars) to a small commercial litigation boutique. No, I haven’t seen it all, but I’ve seen a lot. I now practice primarily appellate litigation, which I prefer because it is analytical and there’s no discovery in appellate litigation. I have also worked as a prosecutor in North Carolina, a pro bono lawyer in Boston and was a journalist of sorts as the sports editor and advertising manager of my college newspaper.

The best work I’ve done as a lawyer is easy to select: my pro bono work for the Shelter Legal Services Foundation (formerly the Veterans Legal Services Project) — a foundation dedicated to providing legal help to homeless and indigent veterans, battered women and other people in the Boston area who cannot afford most legal services.

Hopefully I can bring some perspective as a practicing attorney who has worked in a variety of legal settings. I look forward to contributing to Overlawyered.com — long one of my bookmarks (sycophancy alert!) — for the next week.

Read On…