Posts Tagged ‘Houston’

Lawyer bills $300/hour for sleeping

Amazing story from South Texas of six lawyers who got themselves appointed guardians ad litem to represent minors’ interests in a bus-crash case called Goodyear Dunlop Tires vs. Gamez et al. “Four of the six lawyers were appointed less than three weeks before Goodyear settled the case, and one only eight days before the settlement. Yet according to Austin lawyer Debora Alsup, who worked on the appeal, all six asked for $100,000 in fees,” payable by the tire company. They asked for $400-500 an hour, two or three times their customary fee, arguing that “those rates were customary for ad litem fees in Webb County.” As for the lawyers’ self-report of hours worked, well, suffice it to say that one of them was so bold as to bill for more than 24 hours in a single day, while another billed 48 hours for travel over a two-day period, including compensation for being asleep. And on and on, as the Houston Chronicle’s Rick Casey reports (“Lawyer bills for missing tuck-in time”, Aug. 31):

?One lawyer billed 53 separate entries of 0.1 hour each in one day for reviewing 16 filings by plaintiffs, “which were identical except in minor respects,” according to the appeals court.
?One lawyer billed between two and four hours at $500 per hour to review each of numerous one-page deposition notices, for a total of 50 hours for reviewing the notices.

District Judge Raul Vasquez of Laredo gave the lawyers a lot of what they sought, but a three-judge panel in San Antonio disagreed, calling the fees “unconscionable”. And here is the perfect grace note to the affair, as reported by Casey:

One appeals judge, Sarah Duncan, wrote a concurring opinion concluding the full court should “report these attorneys to the grievance committee.”

In Laredo the grievance committee is chaired by Marcel Notzon III, the lawyer whom Judge Vasquez awarded the most fees in this case.

Jury: Spanish-language warnings not obligatory

A jury in Brownsville, Texas, has determined that the Quincy, Ill.-based Titan Tire Corp. was not negligent for failing to provide a Spanish-language warning relating to maintenance of its tires. “The case involved the death of 33-year-old Raymundo Barrera, who died after a tractor tire exploded while he was airing it up at a farm near Camargo, Mexico, in 2002.” Plaintiffs filed suit neither in Mexico nor in Quincy but in south Texas, alleging that the company was aware that some of its products would find their way to Mexican farms (and also, presumably, to farms on which numerous other languages are spoken besides Spanish). “However, the jury decided Friday that Barrera was at fault and Titan was not.” Lawyers for the Barrera family, who had been seeking $10 million, say they plan an appeal. (“Jury clears tire company that lacked Spanish warning”, AP/Houston Chronicle, Sept. 1).

Common Cause: car-dealer ads may run afoul of McCain-Feingold

The first election without the First Amendment, as Paul Jacob has called it, is getting pretty surreal: the role of money in politics hasn’t diminished, but many more of us are at risk of being exposed to harsh legal penalties for expressing our opinions. (George Will, “Campaign Cops and Car Ads”, Washington Post, Aug. 22; Paul Jacob, “With the Boss, but without the First Amendment”, syndicated/TownHall, Aug. 8; “Campaign finance” (editorial), Houston Chronicle, Aug. 16; George Will, “Speech crime in Wisconsin”, Newsweek, Aug. 16). More: Robert Samuelson, Juan Non-Volokh.

Update: Hotel settles “Murder by Mercedes” case

An attorney for the Hilton hotel in Clear Lake, Texas, in whose parking lot wronged wife Clara Harris ran down her cheating husband, confirms that the hotel has reached a settlement of the lawsuit filed on behalf of David Harris’s children for failing to prevent the 2002 incident. (see Feb. 24, 2003). The hotel’s management was “accused in the lawsuit of failing to provide effective security, notify police in time to prevent Harris’ death or train employees to deal with domestic disputes.” After a widely publicized trial, Clara Harris was sentenced to 20 years in prison. The Blue Moon detective agency, which had been engaged by Mrs. Harris to investigate her husband, has also settled a lawsuit in the case. (“Lawsuit by slain orthodontist’s children tentatively settled”, AP/KRTK Houston, Jun. 24).

Texas lawyers fall victim to scam

In Texas, to name one state, it’s perfectly legal for lawyers pursuing personal injury claims to advance money to their clients to cover living expenses. (At common law, the practice was banned under the rubric of “maintenance”.) So when Kelvin Johnson came around with a story about how he and a friend had been injured on an oil rig and how the friend was lying in a coma and had been offered a hefty settlement, it seemed like pretty much a sure thing to slip him some money. Trouble is, Johnson was pulling the scam with numerous lawyers under various names. A Corpus Christi practitioner explained why he was suspicious of what seemed the “perfect case”: “I didn’t think it likely that his friend could be in a coma 10 months without some lawyer signing him up.” Johnson has been sentenced to 20 years. (Rick Casey, “Selling lawyers a lucrative tale”, Houston Chronicle, Jun. 22) (via Texas Law Blog).

John O’Quinn for Texas governor?

The Houston-based mass tort specialist, who has long played a prominent role in these columns for his exploits in asbestos, tobacco, silicone implants and most recently fen-phen (Apr. 28, Feb. 26 and many more), is now being talked of by activists as a potential Democratic candidate for governor of the Lone Star State. (W. Gardner Selby, “Democrats appear to be in no rush to challenge Perry for governorship”, San Antonio Express-News, Jun. 15). One factor helpful to him: last fall (see GregsOpinion.com, Oct. 25) Texas Democrats elected as their chairman San Marcos attorney Charles Soechting, who happens to practice at none other than the law firm of O’Quinn, Laminack & Pirtle.

Houston accident operators indicted

A federal grand jury has indicted Houston attorney Gene Burd and chiropractic clinic owner Paul Samson Christie on tax charges. Among the allegations against Burd are that he employed runners to bring in car-crash victims which he signed up as clients and referred as patients to the chiropractic clinics; that the clinics kicked back about half the fees they charged to him; that he conspired to defraud insurance companies in the resulting lawsuits; that he settled some clients’ cases without their knowledge or consent, and misrepresented to them the share of the settlement money that he was keeping; and (perhaps his most fateful lapse, if the allegations prove true) that he failed fully to report the income from all this for federal tax purposes. Lawyers for Burd and Christie assert that their clients are not guilty and Burd’s lawyer attributes the indictment to “a misunderstanding by the government”. (U.S. Department of Justice press release, Apr. 12; Mary Alice Robbins, “Houston Attorney, Clinic Owner Face Federal Tax Charges”, Texas Lawyer, Apr. 23).

Judge flays bias suit’s “legal extortion”

U.S. District Judge Samuel Kent, famed for the tongue-lashings he’s dealt out to lawyers in the past, “has fined attorney Anthony Griffin nearly $18,000 for filing a lawsuit the judge termed an attempt to ‘legally extort money’ from the Galveston Independent School District.” Judge Kent “said Griffin, a nationally known black civil rights lawyer, conducted ‘virtually no meaningful investigation’ before filing a suit in which a fired administrator maintained the district paid her less than others because she is black. … ‘Even a minimal investigation into the facts and the law of this case would have revealed the abject frivolity of all of [plaintiff Sonia Boone’s] claims,’ Kent said. ‘Filing it shows either an ignorance of the law or an utter disregard for it, both of which are inexcusable.'” (Kevin Moran, “Attorney rebuked and fined”, Houston Chronicle, May 10). Unsurprisingly, attorney Griffin says he plans to appeal (“Attorney will appeal fines set by judge”, Galveston Daily News, May 12). For more on Judge Kent, see Sept. 6, 2001 and links from there.

Fen-phen: O’Quinn extracts $1 billion from Beaumont jury

“A jury awarded $1 billion to the family of a woman who once took the Wyeth-made diet drug Pondimin, part of the now-banned weight-loss combination fen-phen.” Cynthia Cappel-Coffey, who died last year at 41 of primary pulmonary hypertension (PPH), did not develop symptoms of PPH until more than four years after using the Wyeth drug. According to Bill Sims, a lawyer for Wyeth, the Beaumont judge refused to allow the company to introduce evidence that Cappel-Coffey had taken four other diet drugs in the intervening years, although all four of the other drugs warn of a risk of PPH. Wyeth has already set aside nearly $17 billion for fen-phen litigation. (“Jury awards $1 billion to family of woman whose death was connected to diet drug”, AP/Court TV, Apr. 28; Reed Abelson and Jonathan D. Glater, “Texas Jury Rules Against the Maker of Fen-Phen, a Diet Drug”, New York Times, Apr. 28; Tony Freemantle, “Beaumont jury awards $1 billion in diet drug suit”, Houston Chronicle, Apr. 28). (More: Texas Lawyer). For more on fen-phen litigation, see Jan. 25, Jan. 6, Aug. 19 and links from there. For more on Beaumont, that very special jurisdiction, see Jul. 31 and many more. And for more on attorney John O’Quinn, a frequent source of material for this page, see Feb. 26 and many more.