Search Results for ‘"sheldon silver"’

Karma ran over his dogma: Sheldon Silver sued

The New York assembly speaker, who’s done more than anyone in Albany to keep the right to sue on a continually expanding course, now faces a lawsuit charging him with tolerating an atmosphere of sexual harassment, following extremely ugly allegations of sexual assault against his chief counsel, Michael Boxley. (New York Post coverage: “Silver’s slippery slope” (editorial), Jun. 13; Frederic U. Dicker, “Victim to sue Silver”, Jun. 9; Frederic U. Dicker and Kenneth Lovett, “Silver ‘rape’ blame”, Jun. 10; Frederic U. Dicker, “Pretzel popper Silver dissed my rape claim”, Jun. 14. More on Silver: May 1, 2000; May 11-13, 2001; Dec. 13-15, 2002; Jun. 9, 2003. In other news, powerful Republican State Senator Guy Velella of the Bronx, whose law firm’s successful injury suits against New York City were mentioned in this space May 1, 2000, has fallen in a corruption scandal (“Guy Velella Pleads Guilty”, AP/WCBS, May 17).

Update Feb. 5, 2006: suit against Silver’s office settles for $500K, most of it taxpayer funds.

Liability roundup

Asbestos roundup

January 6 roundup

  • “In fact, none of the mass shootings that have grabbed headlines in the last few years would have been prevented by the gun controls proposed in response to them, and Obama’s new list of warmed-over ideas does not break any new ground in that respect.” [Jacob Sullum] More: Dave Kopel; Ken White at Popehat on the President’s rhetoric of rights; Jonathan Adler notes that ATF’s new guidance on who’s a gun dealer either restates existing law (yawn) or violates the Administrative Procedure Act (whee!); Eugene Kontorovich wonders whether that guidance is vague on purpose; and Josh Blackman writes that while most of the President’s orders don’t go much beyond “hortatory fluff” (no more letting attorneys set up gun trusts for MS-13 gang members!) they help lay the groundwork for more intrusive measures to come;
  • “Judge tosses consumer suit claiming SeaWorld falsely asserts its whales are well-treated” [ABA Journal]
  • In a single press release on Missouri mosque vandalism case, the U.S. Department of Justice misleads readers in two important ways [Eugene Volokh on legal significance of burned Koran, omission of ideological content in sprayed graffiti slogans]
  • New Greg Ip book “Foolproof: Why Safety Can Be Dangerous and How Danger Makes Us Safe” [Tyler Cowen and more, Arnold Kling]
  • Plaintiff’s lawyers “salivating at the prospects for big paydays” from self-driving car accidents [Bloomberg]
  • Do “arms trafficking” rules extend even to domestic sharing of data files containing information on three-dimensional printing of guns? [Ilya Shapiro and Randal John Meyer, Cato]
  • So the Graubard Miller/Alice Lawrence mega-fee saga, often covered in this space, turns out to have a Sheldon Silver connection [Wayne Barrett]

Liability roundup

Public corruption prosecutions: a panel

Nearly everyone agrees with prosecuting public officials (as well as, on occasion, lobbyists and other private actors) for bribery and some other instances in which officials trade, or are asked to trade, a quid pro quo of official action for money or gifts. Defendants in such cases, on the other hand, such as former New York Assembly Speaker Sheldon Silver, often object that they are being menaced with criminal sanctions for politics-as-usual doing of favors and constituent service, with the frequent additional suggestion that prosecution is selective and ginned up by opponents for purposes of criminalizing politics and destroying reputations in the media.

A panel discussion at the recent Federalist Society national lawyers’ convention discussed this issue including the episodes of the Wisconsin John Doe proceedings, Texas Gov. Rick Perry, Virginia Gov. Bob McDonnell, Tom DeLay, lobbyist Kevin Ring, and many others. Panelists included private attorneys Todd Graves (Graves Garrett), Edward Kang (Alston & Bird) and Peter Zeidenberg (Arent Fox), Prof. Eugene Volokh, and as moderator the Hon. Raymond Gruender of the Eighth Circuit. David Lat has a good write-up of the panel at Above the Law.

Related: Ilya Shapiro and Randal John Meyer have some questions about recent prosecutions in New Jersey under its official misconduct statute [Cato].

Politics roundup

  • “Executive Power in the Age of Obama,” podcast interview with Prof. David Bernstein about his new book Lawless, from Encounter Books [Liberty and Law] And so many choices: Bernstein picks his top five acts of Obama administration lawlessness;
  • Donations-wise, law firms love Hillary Clinton [Above the Law] as do teachers’ unions [RiShawn Biddle]
  • “The Criminalization Of Politics: Is It Happening, And Is It A Problem?” David Lat covers the Federalist Society convention panel [Above the Law]
  • Donald Trump’s fondness for legal threats can be traced back to his early association with infamous attorney Roy Cohn [Business Insider video with Michael D’Antonio; June 1989 Spy magazine “Those Who Can, Sue” noting the Trump/Cohn connection; a Steven Brill anecdote about Cohn and Ford Motor that I quoted in my first book] More: @andrewmgrossman on “Ex. 1 to defendant’s anti-SLAPP motion,” Trump on Kasich;
  • “Sheldon Silver lied to us” [New York Daily News editorial] More: Lawyers for Silver “don’t plan to call any witnesses. They will instead enter some documents as evidence in their defense, offering a case so minimal that U.S. District Judge Valerie Caproni used air quotes when referring to it.” [WSJ]
  • Raunchy emails in Kathleen Kane saga: “Pennsylvania’s attorney general seems to have decided that if she has to go, she’s going to take others down with her.” [AP/Yahoo]
  • Eternal return? Ex-con reinstalled as mayor of Bridgeport, Ct. played key role in cities-sue-gun-business episode [U.S. News, back then]

Liability roundup

  • Preview of testimony from Dr. Robert Taub, formerly of Columbia U., in upcoming asbestos-referral corruption trial of former New York assembly speaker Sheldon Silver [NY Post]
  • Class action procedure: “Big Changes to Rule 23 in 2018? Be Sure to Weigh In Now” [Paul Karlsgodt, Andrew Trask]
  • In case it wasn’t clear already — but Overlawyered readers knew, didn’t they? — the aunt who sued her nephew wasn’t really upset with her young relative, she was trying to get at insurance money [New Jersey Civil Justice Institute]
  • “Judge’s Solution To Lead-Paint Problem May Be A Public Nuisance Itself” [Daniel Fisher]
  • “Randy Maniloff: Lawyers want to force teams to use ‘foul pole to foul pole’ netting to protect fans from injury” [W$J, earlier]
  • House passes bill to re-toughen Rule 11 sanctions, prospects for getting past White House uncertain [Rep. Lamar Smith press release, Texans for Lawsuit Reform on Lawsuit Abuse Reduction Act]
  • Denver: “a case that lawyers say is the first product liability claim in the nation involving the legal marijuana industry” [Greenfield Reporter]

Crime and punishment roundup

  • More dangerous today than in past to be a cop in America? Available evidence suggests the opposite [Radley Balko, more]
  • New York Times covers shaken-baby syndrome with look back at Louise Woodward trial [Poynter; Boston Globe on shaken baby syndrome in May; earlier]
  • Study from National Association of Criminal Defense Lawyers (NACDL) on gaps in indigent defense misses chance to highlight voucher/choice remedies [Adam Bates, Cato]
  • The far reach of Sarbanes-Oxley: “You Can Be Prosecuted for Clearing Your Browser History” [Juliana DeVries, The Nation]
  • “Has the ‘Responsible Corporate Officer’ doctrine run amok?” [Bainbridge, earlier on Quality Egg/U.S. v. DeCoster case and mens rea]
  • Federal judge, in April: U.S. Attorney Bharara’s publicity tactics against Sheldon Silver strayed close to line [ruling via Ira Stoll]
  • Suspending drivers licenses over unpaid tickets can push poor motorists into downward spiral [Milwaukee Journal Sentinel via Balko]

Liability roundup

  • Home lab butane cannabis fatality: “The Hash Oil contributory negligence lawsuit you’ve all been waiting for” [Elie Mystal, Above the Law]
  • With Sheldon Silver out of the speaker’s chair, New York has better chance at reducing sky-high litigation costs [Manhattan Institute, earlier on scaffold law]
  • Per Norton Rose Fulbright annual business survey, responding companies more than twice as likely to be facing five or more lawsuits if based in U.S. than if based elsewhere [Norton Rose Fulbright, Bob Dorigo Jones]
  • “Hearing: H.R. 1927, the “Fairness in Class Action Litigation Act of 2015” [April House Judiciary Committee with John Beisner, Mark Behrens, Alexandra Lahav, Andrew Trask]
  • Legal outlook for Illinois defendants deteriorates as Madison County sees resurgence in suits and Cook County remains itself [ICJL]
  • Brown v. Nucor Corp.: did Fourth Circuit just try to gut Wal-Mart v. Dukes rules against combining bias plaintiffs in dissimilar situations into class action? [Hans Bader/Examiner, Derek Stikeleather/Maryland Appellate Blog]
  • No wonder New York City consolidation trials are so popular with asbestos lawyers if they yield average of $24 million per plaintiff [Chamber-backed Legal NewsLine] Information in eye-opening Garlock asbestos bankruptcy (allegations of perjury, witness-coaching, etc.) now unsealed and online [same, earlier]