Posts Tagged ‘jackpot justice’

Villarreal v. Rio Grande Regional Hospital Inc.

41-year-old South Texas personal injury solo practitioner Hermes Villarreal was admitted to a McAllen hospital on April 16, 2005, reporting that his heart was racing. The hospital put him on a 24-hour EKG. Villarreal reported being under stress, but refused a psychiatric consultation or the recommended medication. At 5 a.m. on April 19, 2005, the day of his scheduled discharge, “Villarreal summoned the nurse on duty and requested a razor, saying that he wanted to take a shower and shave his chest, because the EKG monitor leads attached to his chest were bothering him.” The nurse complied with his wishes, and Villarreal locked himself in the bathroom and committed suicide with the razor.

This was, said Villareal’s family, the hospital’s fault; since it’s South Texas, a Hildalgo County jury, after a three-week trial, awarded $9 million in March (which looks to be reduced at least to $1.64 million under Texas law capping damages). Ironically, the opening line of the Texas Lawyer story says “It was a suicide no one saw coming,” but doesn’t question the resulting jury verdict.

Somehow, the trial lawyer, Raymond L. Thomas, a close friend of Villarreal’s, interjected himself into the closing argument, telling an emotional story of a Rolex Villarreal had given him as a gift that left the jury in tears; the press coverage doesn’t acknowledge the blatant violation of ethical rules (see also Texas Rule 3.04(c)(3)), much less indicate whether he got away with it because of the failure of the defense to object or a judge’s failure to oversee her courtroom. (Jenny B. Davis, “Attorney, Interrupted: Seeking Meaning, Recovery for a Legal Life Lost,” May 5 via ABA Journal).

Update: Fields v. Allstate

In October 2006, we reported on a $20 million jackpot justice verdict:

Ted Fields was injured in an auto accident with Jimmy Woodley; Woodley’s insurer went bankrupt, so Fields, on January 30, 1997, asked Allstate to pay $25,000 in medical bills and lost wages. Allstate sent Fields forms to fill out, and he did so three weeks later; when Allstate didn’t pay instantaneously, he sued them in March 1997 for bad faith. Fields turned the discovery process into a far-reaching investigation of all of Allstate’s claim procedures; the judge refused to constrain irrelevant deposition questioning, at which point in 1999 Allstate offered Fields the full amount of his $50,000 policy limit rather than waste hundreds of thousands in trial. Fields refused; his attorneys filed several separate motions of default rather than litigate the underlying issues after the trial court denied a summary judgment motion. An appellate court found that Allstate was entitled to summary judgment because of the lack of any evidence of bad-faith in responding to Fields’s claims; the Indiana Supreme Court overturned that ruling on a procedural technicality that the appeal was premature.

The trial court ruled that Allstate was not allowed to present evidence that it was not liable for actual or punitive damages or that it acted “with anything other than dishonest purpose, moral obliquity, furtive design, and/or ill will.” A jury, hearing this one-sided sham of a trial, awarded $20 million in damages, though one would hope the Court of Appeals, hearing a timely appeal, makes the same decision it made before. Press coverage fails to mention that Allstate wasn’t allowed to defend itself at trial; the plaintiff told the jury that the dispute caused high blood pressure, heart problems, and a stroke, though then the question becomes why he isn’t suing his attorney.

Today, the Court of Appeals of Indiana reversed.

May 6 roundup

  • Raelyn Campbell briefly captured national spotlight (“Today” show, MSNBC) with $54 million suit against Best Buy for losing laptop, but it’s now been dismissed [Shop Floor; earlier]
  • Charmed life of Florida litigators Stanley and Susan Rosenblatt continues as Miami judge awards them $218 million for class action lawsuit they lost [Daily Business Report, Krauss @ PoL; earlier here, here, and here]
  • Lerach said kickbacks were “industry practice” and “everybody was paying plaintiffs”. True? Top House GOPer Boehner wants hearings to find out [NAM “Shop Floor”, WSJ law blog]
  • It’s Dannimal House! An “office rife with booze, profanity, inappropriate sexual activity, misuse of state vehicles and on-the-job threats involving the Mafia” — must be Ohio AG Marc Dann, of NYT “next Eliot Spitzer” fame [AP/NOLA, Adler @ Volokh, Above the Law, Wood @ PoL; earlier]
  • Sorry, Caplin & Drysdale, but you can’t charge full hourly rates for time spent traveling but not working on that asbestos bankruptcy [NLJ] More: Elefant.
  • Fire employee after rudely asking if she’s had a face-lift? Not unless you’ve got $1.7 million to spare [Chicago Tribune]
  • Daniel Schwartz has more analysis of that Stamford, Ct. disabled-firefighter case (May 1); if you want a fire captain to be able to read quickly at emergency scene, better spell that out explicitly in the job description [Ct Emp Law Blog]
  • As expected, star Milberg expert John Torkelsen pleads guilty to perjury arising from lies he told to conceal his contingent compensation arrangements [NLJ; earlier]
  • Case of deconstructionist prof who plans to sue her Dartmouth students makes the WSJ [Joseph Rago, op-ed page, Mindles H. Dreck @ TigerHawk; earlier]
  • How’d I do, mom? No violation of fair trial for judge’s mother to be one of the jurors [ABA Journal]
  • First sell the company’s stock short, then sue it and watch its share price drop. You mean there’s some ethical problem with that? [three years ago on Overlawyered]

April 29 roundup

  • “Dog owners in Switzerland will have to pass a test to prove they can control and care for their animal, or risk losing it, the Swiss government said yesterday.” [Daily Telegraph]
  • 72-year-old mom visits daughter’s Southport, Ct. home, falls down stairs searching for bathroom at night, sues daughter for lack of night light, law firm boasts of her $2.475 million win on its website [Casper & deToledo, scroll to “Jeremy C. Virgil”]
  • Can’t possibly be right: “Every American enjoys a constitutional right to sue any other American in a West Virginia court” [W.V. Record]
  • Video contest for best spoof personal injury attorney ads [Sick of Lawsuits; YouTube]
  • Good profile of Kathleen Seidel, courageous blogger nemesis of autism/vaccine litigation [Concord Monitor*, Orac]. Plus: all three White House hopefuls now pander to anti-vaxers, Dems having matched McCain [Orac]
  • One dollar for every defamed Chinese person amounts to a mighty big lawsuit demand against CNN anchor Jack Cafferty [NYDN link now dead; Independent (U.K.)]
  • Hapless Ben Stein whipped up one side of the street [Salmon on financial regulation] and down the other [Derbyshire on creationism]
  • If only Weimar Germany had Canada-style hate-speech laws to prevent the rise of — wait, you mean they did? [Steyn/Maclean’s] Plus: unlawful in Alberta to expose a person to contempt based on his “source of income” [Levant quoting sec. 3 (1)(b) of Human Rights Law]
  • Hey, these coupon settlements are giving all of us class action lawyers a bad name [Leviant/The Complex Litigator]
  • Because patent law is bad enough all by itself? D.C. Circuit tosses out FTC’s antitrust ruling against Rambus [GrokLaw; earlier]
  • “The fell attorney prowls for prey” — who wrote that line, and about which city? [four years ago on Overlawyered]

*Okay, one flaw in the profile: If Prof. Irving Gottesman compares Seidel to Erin Brockovich he probably doesn’t know much about Brockovich.

April 24 roundup

Roundup, March 15

  • Speaking of prostitutes and politicians, Deborah Jeane Palfrey has come to recognize that Montgomery Blair Sibley (Oct. 29; May 4; etc.) may not be the best lawyer for her. [WTOP via BLT]
  • Update: Nearly two years later, trial court gets around to upholding $2 million verdict in lawn-mower death we covered Jun. 16 and Aug. 18, 2006. [Roanoke Times (quoting me); opinion at On Point]
  • In other lawn mower news, check out Jim Beck’s perceptive comment on a Third Circuit lawn-mower liability decision.
  • Update: Willie Gary wins his child-support dispute. [Gary v. Gowins (Ga.); Atl. Journal-Const.; via ABA Journal; earlier: Nov. 2]
  • Tobacco-lawyer Mike Ciresi drops out of Minnesota senate race. [WCCO]
  • Belfast court quashes libel ruling against restaurant critic. [AFP/Breitbart]
  • Trial-lawyer-blogger happy: jury returned $1.25 million med-mal verdict for death of totally disabled person suffering from end-stage renal disease, pulmonary hypertension, oxygen dependent lung disease, and obesity, after rejecting businessperson from jury “for cause” because he was head of local Chamber of Commerce. [Day]
  • Car-keying anti-military attorney Jay Grodner faced the law in January; here’s the transcript. [Blackfive]
  • Anonymous blog post not reliable evidence of factual allegations. [In re Pfizer, Inc. Sec. Litig., 2008 WL 540120 (S.D.N.Y. Feb. 28, 2008) via Roberts, who also reports on fee reduction in same post]
  • Clinton’s nutty mortgage plan. [B&MI (quoting me)]
  • A supposed DC cabbie’s take on DC v. Heller. [DC Cabbie blog]

Escalator mishap: federal judge wanted $21 million

A jury, however, sent away U.S. District Judge George P. Schiavelli away with nothing at all, ruling that the firm responsible for maintaining the escalators at the Encino Shopping Center was not to blame for the injuries the judge suffered in a 2005 mishap. After the verdict the plaintiff’s lawyer in the case, Browne Greene, charged the jury with partiality: “The bias against judges in today’s world is just palpable,” he said. (Robert J. Lopez, “Encino judge gets no award in escalator fall”, Los Angeles Times, Feb. 26; “Jury Unanimously Rejects Judge’s $21 Million Personal Injury Suit”, PRNewswire/Fox Business, from defense firm Murchison & Cumming, Feb. 25; Greene’s press release)(via Perlmutter/Schuelke). More on escalator suits at this link.

The mother of all ad damnum clauses

I’ve joked about plaintiffs asking for a “squillion gazillion” dollars instead of other effectively fictional numbers, but one plaintiff has actually done it. One Baker, Louisiana, Katrina plaintiff (earlier on Overlawyered and Point of Law) suing the Army Corps of Engineers is asking for 3 quadrillion dollars—though he would presumably settle for one third that amount, which, at $3,000,000,000,000,000.00 would be over 200 times the annual $13 trillion gross domestic product of the United States. 246 other plaintiffs (including the City of New Orleans, which asked for “only” $77 billion, notwithstanding a taxpayer-funded bailout of tens of billions for a city built beneath sea level) are asking for over a billion each. [AP; TortsProf]

Model’s suit: You used the video you took of me

A 37-year-old Jane Doe (who claims to be the host of a national cable tv program) agreed to be videoed rolling around in a bed “looking excited” for $200 in November, and was disturbed to see the results on a YouTube advertising campaign with obviously dubbed orgasmic moans. The punchline in the ad (probably NSFW if your volume is on): “Jewelry works every time.” Or, as my feminist girlfriend grouses every time she sees a tv jewelry ad with far subtler implications, “Your wife is a whore who will only put out for shiny objects.” Cf. also this YouTube copyright violation from Family Guy (NSFW), soon to be taken down by Fox.

Through her attorney, Kevin Mulhearn, she’s sued Szul Jewelers for $5 million. Mulhearn claims there’s no release, which while implausible, may be true. If so, she has a point, though the ad damnum claim is ludicrous: and far more people are going to watch the supposedly image-damaging video now that Mulhearn has gone to the press. And, of course, she didn’t have to roll around on the bed in the first place. (One hopes that I’m not aiding and abetting a publicity stunt for the jeweler.) [Daily News; AP/New York Times]

December 2 roundup

  • Remember that ludicrous case where the Florida driver fell asleep, crashed his Ford Explorer, his passenger was killed, and a jury blamed Ford to the tune of $61 million? (See also Sep. 10.) A Florida court got around to reversing it, though only to grant a new trial under a variety of erroneous evidentiary rulings that prejudiced Ford, rather than because the suit was too silly to ever conceivably win in a just society. The remand goes back to the same judge that let the suit go forward and committed multiple reversible errors in favor of the plaintiff. [Ford Motor v. Hall-Edwards (Fla. App. Nov. 7, 2007); Krauss @ Point of Law; Daily Business Review; Bloomberg/Boston Globe]
  • Not really a man-bites-dog story, but Geoffrey Fieger (Aug. 25 and rather often otherwise) speaks. [ABA Journal]
  • Uh-oh: Former litigator hired to invest $100m in court cases for UK hedge fund. [Times Online]
  • The real NatWest Three deal. [Kirkendall; July 2006 in Overlawyered]
  • Homeowners fined $347,000 for trimming trees without a permit—after the Glendale Fire Department sent them a notice telling them to trim their trees for being a fire hazard. (h/t Slim) [Consumerist]
  • Disclaimers at children’s birthday parties (h/t BC) [Publishers Weekly]
  • British Christmas parades handcuffed by litigation fears. (h/t F.R.) [Telegraph]
  • Underlawyered in Saudi Arabia: A “19-year-old Saudi gang-rape victim was recently sentenced to 200 lashes and six months in jail for being in a car with an unrelated male when the attack occurred. Last week, her lawyer was disbarred for objecting too vociferously.” [Weekly Standard]
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