Legal and accounting fees for the bankruptcy process have already topped $500 million and are expected to hit $1 billion for the failed energy giant. (Eric Berger, Houston Chronicle, Nov. 14)(see also Jun. 29).
Archive for the ‘Uncategorized’ Category
Newsweek query (updated)
[Revised and updated, see below] Newsweek magazine is preparing a special feature on fear of litigation, and although we’ve been working with their writers for a while on it, they asked to hear directly from readers like you if you can offer personal examples from your own experience of how you’ve changed the way you do business, go to school, pursue recreation, etc. because of your or someone else’s fear of being sued. [Update 1 p.m. EST Wed. — Newsweek’s writer tells us that this notice has elicited enough of the sort of the material she requested, so we are taking down the contact info. Thanks to our readers, including those who cc’d us on their correspondence]
Celebrity edition Overlawyered entry
According to the New York Daily News, if Michael Jackson’s accuser sues him, it won’t be the first time he’ll be a plaintiff in a civil case. In 1998, the then eight-year-old was nabbed shoplifting with his parents in a JC Penney parking lot, resulting in a burglary charge. The confrontation turned violent, and a civil lawsuit was brought charging false arrest and battery. “As part of the settlement, charges against the family were dropped. The family collected $200,000.” (Matthew Heller et al., “Troubled past of kid & kin”, Nov. 25). A 1994 GQ article by Mary Fisher (reprinted various places on the Web) has some disturbing things to say about the parents of Jackson’s accuser of ten years ago–though the source of many of those allegations is Anthony Pellicano (see Nov. 11).
Meanwhile, Liza Minnelli and David Gest, at whose wedding Jackson was the best man, are now suing each other: The Smoking Gun has the his and hers lawsuits.
EU court: church website violated privacy law
In a widely awaited decision, the European Court of Justice has ruled that a Swedish woman can be fined about $500 for identifying and publishing personal details about fellow church volunteers on her personal web site in breach of “data protection” privacy laws. Bodil Lindqvist of Alseda parish had published online “some full names, telephone numbers and references to hobbies and jobs held by her colleagues. In relation to one lady, Lindqvist also revealed that the volunteer had injured her foot and was working part-time on medical grounds.” A Swedish court found that she had violated data-privacy law in posting the page and the European Court agreed. (“Identifying people on-line violates Data Protection laws, says European Court”, Out-Law (UK), Nov. 7). We originally reported on the case Sept. 20, 2000.
Latest 17200 targets: drugmakers
Trial lawyers are hoping to turn California’s endlessly abused and abusive s. 17200 “unfair competition” law (Oct. 26, etc.) to rich new account by using it to sue pharmaceutical companies over a variety of marketing practices that the U.S. Congress and Food and Drug Administration have not seen fit to ban. The Ralph Nader operation is helping out, while the litigation effort is being handled by Seattle trial lawyer and tobacco-caper veteran Steve Berman of Hagens & Berman (see Sept. 9-10, 2002 and links from there). (Bernadette Tansey, “Citizens use law to pursue drug firms”, San Francisco Chronicle, Nov. 23; plaintiff’s site (“Prescription Access Litigation”). Update: see Point of Law, Nov. 8, 2004.
“Couple’s lawsuit takes unexpected turn”
“An attempt to be compensated for being ‘hassled’ by an insurance company after a 1996 house fire backfired this week for a Helena area couple, after a jury decided the duo intentionally caused the blaze.” Unfortunately, the new evidence of arson that came to light in the civil trial can’t be used to prosecute Norm and Darlene Scott criminally, as the statute of limitations expired. (Eve Byron, Helena Independent Record, Nov. 23).
Update: Fox News suit against Al Franken
You may recall the laughable lawsuit over Al Franken’s book, “Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right”, discussed here Aug. 23 and Aug. 12. A Franken fan site has generously provided a complete transcript of the Aug. 22 hearing for readers’ amusement.
Compulsory chapel for Minn. lawyers, cont’d
In the state of Minnesota, lawyers can lose their licenses unless they complete two credits every three years in what is called “Elimination of Bias” training, which resembles what is known in other contexts as diversity or sensitivity training. As we commented two years ago (see Dec. 18, 2001): “The point is less to regulate attorneys’ conduct than to instill in them opinions that the authorities consider correct about complex political and moral questions, and many of the resulting seminars have had a tendentious, preachy anti- white- male tone.” Now an attorney named Elliot Rothenberg has taken the matter to the Minnesota Supreme Court by defying the requirement. “The Board of Continuing Legal Education recommended last June that Rothenberg?s license be placed on involuntary restricted status” because of his refusal to submit to the training. “Rothenberg argues that the rule violates his free-speech rights and the Establishment Clause, which prohibits government endorsement of particular religious viewpoints.” (Barbara L. Jones, “Lawyer challenges two-credit anti-bias requirement”, Minnesota Lawyer, Nov. 17, subscriber-only article; website about the case by Peter Swanson, a lawyer who has filed an amicus brief in Rothenberg’s favor) More: Power Line has a summary with many further details. (& see Jan. 2). Update: Aug. 4, 2005.
Dog gets off leash, punitive damages for pet store
William Dyer at BeldarBlog has some comments (Nov. 16) about a case in which an Austin, Tex. judge awarded $47,000 in damages, including both emotional and punitive damages, against Petco over the death of a dog that got away from a Petco employee while being walked after a grooming, later ran into traffic and was killed. (“Judge awards $47,000 in runaway pet case”, AP/Houston Chronicle, Nov. 16; Claire Osborn, “High price put on dog’s life”, Austin American-Statesman, Nov. 16). For more on damage claims over the emotional worth of pets, see Jul. 30 and links from there.
Richmond & Oklahoma City radio
Yesterday at 3:15 p.m. EST I was a guest on Michael Graham’s talk show on WRVA, Richmond, Va., to discuss money laundering regulations and the latest controversy to assail radio host Rush Limbaugh (I wrote about the general subject of money laundering law in 1999 for Reason). And tomorrow morning at 8:35 a.m. CST I’ll be a guest on Oklahoma City’s WKY radio morning program.