Posts Tagged ‘Houston’

Microblog 2008-11-06

  • Expects to have to fight Obama on policy, wept anyway when he came to podium for victory speech [Jonathan Blanks] #
  • Every self-respecting insider-trading ring should include an exotic dancer and a Croatian underwear seamstress [Bainbridge] #
  • New panel discussion: why are schools so bureaucratized and what can we do about it? [NewTalk] # @sekimori “Bureaucracy is to protect the system from litigation.” Not cynical to think this is one big part of the problem. #
  • @bschuelke: “Why is it so difficult to get clients’ medical records? Should be easy but is often the hardest part of the case.” #
  • Primer on role of Delaware in corporate law [NY Times] #
  • Ways to find good, underrated people [Ben Casnocha h/t Tyler Cowen] #
  • Cluelessness alert: U.K. cabinet minister criticizes blogs for not “allowing new voices” [Massie] #
  • Dems swept races for judge in Houston — unless their names were too unusual [Houston Chronicle] #

September 15 roundup

  • Saying fashion model broke his very fancy umbrella, N.Y. restaurant owner Nello Balan sues her for $1 million, but instead gets fined $500 for wasting court’s time [AP/FoxNews.com, NY Times]
  • Spokesman for Chesapeake, Va. schools says its OK for high school marching band to perform at Disney World, so long as they don’t ride any rides [Virginian-Pilot]
  • More on Chicago parking tickets: revenue-hungry Mayor Daley rebuffed in plan to boot cars after only two tickets [Sun-Times, Tribune]
  • Too old, in their 50s, to be raising kids? [Houston Chronicle via ABA Journal].
  • Britain’s stringent libel laws and welcome mat for “libel tourism” draw criticism from the U.N. (of all places) [Guardian]
  • Beaumont, Tex.: “Parents sue other driver, bar for daughter’s DUI death” [SE Texas Record, more, more]
  • “Three pony rule”: $600,000 a year is needlessly high for child support, even if mom has costly tastes [N.J.L.J., Unfiltered Minds]
  • Advocacy groups push to require health insurers and taxpayers to pay for kids’ weight-loss camps [NY Times]
  • Lester Brickman: those fraud-rife mass screening operations may account for 90 percent of mass tort claims [PoL]

Texas: another case for payee notification

ABA Journal: “After stealing more than $1.6 million from at least 46 clients over a six-year period, then-personal injury attorney Steven Bearman reportedly kept working as a Houston lawyer while awaiting trial after his 2006 arrest.” Among other defalcations, “Bearman settled clients’ cases without telling them”, exactly the sort of misconduct that payee notification (having insurers give notice directly to claimants of the timing and amount of settlements) is meant to stop. Texas unfortunately is not one of the dozen states that have enacted the reform (per an ABA compilation, they are California, Connecticut, Delaware, Georgia, Hawaii, Kansas, Massachusetts, Nevada, New Jersey, New York, Pennsylvania, and Rhode Island).

The flight attendant and the televangelist’s wife

We express no opinion as to exactly how badly Victoria Osteen, wife of a celebrated evangelical minister, may have behaved on that Continental Airlines flight in 2005; “The Federal Aviation Administration fined [her] $3,000 for interfering with a crew member.” Readers keep writing in, however, to call our attention to the financial demands that flight attendant Sharon Brown is making in her lawsuit, which just went to trial. It seems Brown wants compensation not only for such things as hemorrhoids and damage to her religious faith but also, by way of punishment, “10 percent of Victoria Osteen’s net worth”. Wouldn’t we all! (“Joel Osteen’s Wife on Trial in Flight Attendant Assault”, AP/FoxNews.com, Aug. 7).

Welcome KTRH listeners

I was a guest on the Houston radio station this morning discussing personal responsibility and our propensity to litigate. A few recent cases possibly on point: “Inmate Sues Jail, Blames It for His Escapes“; five of her friends as well as the inevitable bar sued after college student’s fatal alcohol binge; and lawyer gambles away client money at the tables, then sues casinos for not stopping her. (Corrected original post title which got the call letters wrong).

Fourth graders told: don’t “spill” to the cops

Kwitcher snitchin’, and your confessin’ too: The Southwest Juvenile Defender Center runs a visit-the-schools program called “Why a Lawyer” which is “one of several such programs taught in schools and detention facilities throughout the country by groups worried that children don’t know their basic rights — including the right to remain silent.” At the private Shlenker School in Houston, fourth graders were asked to answer questions from a “police officer” (played by a University of Houston law student) about a prank call to a neighbor’s house. The student who said least was then singled out for praise for not “spill[ing] her guts”. When questioned by cops who are responding to reports of mischief, it seems, the recommended approach for preteens is “Give your name, your age and then ask for an attorney and ask for your parent.” Malikah Marrus, a researcher for the U-of-H-based Defender Center, complains that it’s an uphill battle getting kids to clam up when questioned by the authorities: “Their impulsive behavior gets them to spill their guts right away.” (Sarah Viren, “Programs teach legal rights to elementary school pupils”, Houston Chronicle, Feb. 14).

January 15 roundup

  • Client’s suit against Houston tort lawyer George Fleming alleges that cost of echocardiograms done on other prospective clients was deducted as expenses from her fen-phen settlement [Texas Lawyer]
  • Preparing to administer bar exam, New York Board of Law Examiners isn’t taking any chances, will require hopefuls to sign liability waivers [ABA Journal]
  • Thanks to Steven Erickson for guestblogging last week, check out his blogging elsewhere [Crime & Consequences, e.g.]
  • “Freedom of speech” regarded as Yankee concept at Canadian tribunal? [Steyn @ NRO Corner; reactions]
  • Court rules Dan Rather suit against CBS can go to discovery [NYMag; earlier here, here]
  • Served seventeen years in prison on conviction for murdering his parents, till doubts on his guilt grew too loud to ignore [Martin Tankleff case]
  • Orin Kerr and commenters discuss Gomez v. Pueblo County, the recent case where inmate sued jail for (among other things) making it too easy for him to escape [Volokh]
  • New at Point of Law: Cleveland’s suit against subprime lending is even worse than Baltimore’s; Massachusetts takes our advice and adopts payee notification; law firm websites often promote medical misinformation; lawyer for skier suing 8-year-old boy wants court to stop family from talking to the press; Ted rounds up developments in Vioxx litigation once and then again; guess where you’ll find a handsome statue of Adam Smith; and much more;
  • Good news for “resourceful cuckolds” as courts let stand $750,000 alienation of affection award to wronged Mississippi husband [The Line Is Here; ABCNews.com]
  • Kimball County, Nebraska cops don’t know whether that $69,040 in cash they seized from a car is going to be traceable to drug traffickers, but plan to keep it in any case [Omaha World-Herald via The Line Is Here]
  • Hunter falls out of tree, and Geoffrey Fieger finds someone for him to sue [seven years ago on Overlawyered]

Help us win the ABA contest (and ruin someone’s day…)

The ABA Journal’s contest for best general legal weblog ends momentarily (Wed., Jan. 2) and as of this writing we’re still lagging a mere 50 or so votes behind the front-runner, not an impossible margin you’d think to overtake in a last-minute surge. Unfortunately, we’ve more or less run out of winning tactics that wouldn’t mire us in an embarrassing degree of groveling, nagging, cheating, conniving, etc.

Quite a few folks associated with the American Bar Association have been open-minded and even friendly toward Overlawyered over the years, but we have reason to believe that some others high up in that organization regard us as the web equivalent of hot buttered death. Who can deny that it would be amusing to tick off that second group by having Overlawyered win the ABA’s own contest? Perhaps readers in comments can suggest vote-winning techniques we haven’t thought of. (Beg Michelle Malkin and Glenn Reynolds to send their readers to cast ballots for us?). Okay, here’s one: recommend that your readers vote for us, and we’ll give you a grateful shout-out (within reason) in this column.

P.S. Thanks to Caleb Brown, who does the Cato Institute’s podcast series, for filling in over the holidays. Check out his site Catallaxy.net. And stay tuned for another guestblogger we expect to be joining us in the not too distant future.

[Bumped Wednesday morning for continued prominence. First we pulled to within a dozen votes of QuizLaw, it seems, and now (around midnight EST) they’re back ahead by 40.]

And: a most grateful thanks for the boost to:

P.P.S. Melancholy sequel (just 19 votes short!) here.