Posts Tagged ‘Louisiana’

Update: 5th Circuit overturns Louisiana fuel-gauge fee division

Last week the “5th U.S. Circuit Court of Appeals voided a 2007 lower court order parceling out $6.8 million in fees to plaintiffs attorneys in a lawsuit over tainted Shell gasoline.” The case had come under intense criticism, as we noted last year, “after the lawyers in charge prevailed on a federal judge to conceal the allocation of fees from public scrutiny, including scrutiny by members of the client class as well as dissident lawyers”. The ruling marks a victory for Loyola lawprof Dane Ciolino, who assisted objectors and helped rally public attention to the problems with the settlement. (Susan Finch, “Decision allocating legal fees tossed”, Nola.com (New Orleans Times-Picayune), Feb. 8).

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]

October 15 roundup

  • Louisiana attorney general Foti, under fire over his attempt to prosecute Dr. Anna Pou in Katrina deaths, faces tough re-election challenge [Times-Picayune, Lafayette Advertiser; earlier]
  • Classic “Hershey’s liable to obese Americans” print satire now has a short audio version [Onion radio]
  • Criticize alternative medicine at your peril? U.K. libel law helps stifle an opponent of homeopathy [Orac]
  • Tennessee trial lawyers’ lobbyist comes under harsh public spotlight following lurid crackup of House Judiciary chair Rob Briley [Nashville Scene; earlier]
  • Invoking CAFA, judge throws out coupon settlement in Sharper Image air purifier class action [Krauss @ Point of Law]
  • In 4-4 split, Supreme Court lets stand a ruling that NYC must pay private school tuition for Hollywood exec’s ADHD son though he wouldn’t give city program a try; issue likely to return soon [NYTimes; earlier]
  • Veteran journalists Patrick Dillon and Carl Cannon ink deal for book on rise and fall of Lerach tentatively titled Circle of Greed [WSJ law blog]
  • Unforeseen consequences dept.: plan for retirement community catering to gays may be derailed by workings of antidiscrimination law [Miller, Independent Gay Forum]
  • HIPAA an impediment to doctor-patient emails? [CareCure Forums via KevinMD]
  • Update on fraudulent liens filed by prison inmates to harass court personnel (Mar. 31, 2004): system strikes back with extra 20-year term for one offender [Texas Lawyer]
  • EEOC says Massachusetts employer must accommodate eyebrow-ring-wearing employee who claims membership in “Church of Body Modification” [five years ago on Overlawyered]

Louisiana fuel-gauge fee carve-up, cont’d

Assisted by Loyola lawprof Dane Ciolino, critics are now before a Fifth Circuit panel trying to uncover the supporting documents that back up the division of fees among lawyers following a fuel-gauge-damage settlement against Shell; the case drew national attention after the lawyers in charge prevailed on a federal judge to conceal the allocation of fees from public scrutiny, including scrutiny by members of the client class as well as dissident lawyers (Apr. 9, Jun. 7).

When Little [fee committee attorney F.A. Little] contended that naming someone other than the committee to evaluate four years of work by lawyers in the case wouldn’t yield the best result, Judge Edith Jones shot back, “Well, at least you get disinterestedness.”

That quality, Jones said she learned from her days as a bankruptcy attorney, is essential to “anyone who is dividing up the debtor’s money.”

In an interview after the hearing, Ciolino said the public needs to know everything that went into deciding attorney fees in the Shell class action. “The public distrusts lawyers, especially in class-action cases, because it looks like it’s all about fees,” he said.

(Susan Finch, “Data used to split fees sought”, New Orleans Times-Picayune, Aug. 10).

Steamed oysterers

Sort of like being paid for not planting corn? “[A]n oysterman here in the nation’s top oyster-producing state can make as much, if not more, collecting damage settlements from oil companies as from harvesting the bivalves themselves, according to a recent study by two Louisiana State University economists.”

“On average,” they wrote, “oyster leases generate a majority of their net income from non-oyster-producing activities.” Money “appears to flow to leases irrespective of their ability to produce marketable oysters.”

So lucrative is the potential payoff from the oil companies that there is almost certainly a lively trade among oystermen in the “speculative” leasing of otherwise unproductive water bottoms, Dr. Keithly and Dr. Kazmierczak [Walter R. Keithly Jr. and Richard F. Kazmierczak] concluded.

Indeed, speaking on condition of anonymity, one of the major “landmen” — middlemen who negotiate between oystermen and oil companies — agreed that some fishermen deliberately leased bottoms in harm’s way, in order to collect from the companies.

The New York Times says the “oyster community” in the Pelican State is infuriated at the report and calls it false. (Adam Nossiter, New York Times, Aug. 15).

Our earlier coverage of one bizarre excursion by the Louisiana courts into oyster-lease compensation is here, here, here, and here. The broadside The Oyster Girl, widely distributed in the English singing tradition, underscores the importance of watching one’s pockets when oysters are being traded.

July 27 roundup

  • Grand jury declines to indict Dr. Anna Pou in Katrina hospital deaths, despite heavy breathing from Louisiana AG Charles Foti and TV’s Nancy Grace [Times-Picayune, more; 2005 CNN transcript; Health Care Blog, GruntDoc, Vatul.net]

  • Protection from lawsuits for “John Doe” security informants is back in anti-terror legislation moving through Congress, despite back-door effort to eliminate it earlier [Fox News, Malkin; earlier] Addendum: but it’s in altered, much-weakened form, says commenter Bob Smith;

  • U.K.: Top law firm Freshfields earns millions advising clients on employment compliance, yet “omitted to check that changes to its own pension scheme were legal” [Times Online]

  • Thinking of doing some guestblogging, for us or another site? Some good advice here [Darren Rowse via Kevin O’Keefe]

  • Even Conrad Black can have trouble affording lawyers, at least with feds freezing his accounts [PoL on Steyn]

  • Shouldn’t have let us become parents again: Florida jury awards $21 million in “wrongful birth” case [Fox News]

  • Possibility of gigantic reparations claims adds intensity to big lobbying fight in Washington over whether Turkey’s slaughter of Armenians in 1915 amounted to genocide [Crowley, New Republic]

  • Updating colorful coverage case (Jun. 22, 2005): dentist wins $750K verdict on insurer’s duty to defend him for taking gag photos of sedated employee with boar tusks in mouth [Seattle Times, more; dissent in PDF; Althouse]

  • Giuliani might use federalism to defuse culture wars [Brownstein, L.A. Times; disclaimer]

  • Virginia’s enactment of harsh traffic fines (Jul. 6) follows tryouts of the idea in Michigan and New Jersey, where effects included rise in unlicensed driving [Washington Post]

Louisiana Town “Cracking” Down

When showing your crack is outlawed, then only outlaws will be showing their crack:

Cajun Town Bans Saggy Pants (NYT, June 13)

DELCAMBRE, La. (AP) — Sag your britches somewhere else, this Cajun-country town has decided. Mayor Carol Broussard said he would sign an ordinance the town council approved this week setting penalties of up to six months in jail and a $500 fine for being caught in pants that show undergarments or certain parts of the body.

I totally envision a Footloose-type of situation here where a spry young high schooler rolls into town and teaches all the townsfolk that butt cracks can be a perfectly beautiful and natural occurrence.

The downside of this ordinance, of course, is that it will drive all the plumbers out of town. Better get your sink fixed before it goes into effect. Oh, and as long as we’re talking about plumbers, it gives me an excuse to show you this outstanding commercial. That is all.

Judge: Clients have no right to learn how much their lawyer got

It might only upset them, or perhaps upset other lawyers:

The judge in a 2004 federal class action lawsuit over fuel gauge damage caused by tainted gasoline made at Shell-Motiva refinery in Norco has sealed records on how he divided $6.8 million in legal fees among 79 lawyers in the case.

U.S. District Judge Ivan Lemelle has ordered each lawyer, on pain of being sanctioned, not to reveal how much they were paid.

Lemelle’s late January decision to keep the information under wraps has drawn criticism from some of the lawyers and has attracted the attention of Loyola Law School ethics professor Dane Ciolino.

Ciolino says the situation violates the right of the lawyers and the public to have access to court records. Additionally, he said, it flies in the face of a Louisiana attorney ethics rule that says a client is entitled to know how his lawyer shares fees with other lawyers.

(Susan Finch, “Judge seals records on legal fees in suit”, New Orleans Times-Picayune, Apr. 6)(& welcome Robert Ambrogi readers).

Update: And now it’s reported that the judge has turned down a motion to unseal the fee records (Susan Finch, “Judge won’t unseal fee records”, New Orleans Times-Picayune, Apr. 10). Further updates: May 22 (WSJ editorial covers); Jun. 7 (judge unseals records).

That’ll teach her

A schoolteacher in West Feliciana Parish, Louisiana would take about 30 1/2 years in the classroom to earn $1.4 million dollars, at the district’s average salary of approximately $46,000 per year. Or, such a teacher could convince a jury to award that much money for “mental anguish” by claiming that her employer harassed her after she gave Ds and Fs to 70% of the students she taught.

February 15 roundup