Posts Tagged ‘Mississippi’

Mississippi judicial scandal: Paul Minor sentenced to 11 years

Once among the South’s most financially successful and politically influential plaintiff’s lawyers, attorney Paul Minor was sentenced on Friday to 11 years in federal prison following his conviction in a judicial bribery scandal we’ve covered extensively at this site. Two former judges convicted in the case, John Whitfield and Wes Teel, drew sentences of 110 months and 70 months respectively. Minor’s lawyers had asked that he be sentenced to time served, and supporters had sent letters by the sackful asking for leniency. (“Gulf Coast lawyer Paul Minor gets 11 years in prison for bribing Miss. judges”, AP/Natchez Democrat, Sept. 7; Jimmie Gates, “Minor, ex-judges sentenced in bribery case”, Jackson Clarion Ledger, Sept. 7).

Judge Henry Wingate also fined Minor $2.75 million and ordered him to pay $1.5 million in restitution, not quite as telling a blow to his fortunes as one might assume, given that “Minor earns up to $2.5 million a year from a settlement with tobacco companies,” not to mention all the other money he’s made (Robin Fitzgerald, “‘Lady Justice Is Sobbing”, Biloxi Sun-Herald, Sept. 8). Minor is also being sued by insurer USF&G, which paid out a $1.5 million settlement to a bank represented by Minor in a case before Judge Teel. (Julie Goodman, “Minor’s legal woes won’t end when he goes to prison”, Jackson Clarion Ledger, Sept. 8).

September 4 roundup

A Climate of Greed Never Changes

Among the nightmare scenarios of global warming, there’s one only now coming into view – and it’s definitely manmade: As predictable as the rising seas, we can expect a flood of class-action lawsuits trying to cash in on the issue.

Climate change promises to be “a lucrative new field” for the tort bar reports the Newark Star-Ledger. A Rutgers law professor predicts that global warming will make for “one of the biggest legal practices in the next 20 years.” (The Star-Ledger, 7/8/07)

The opinion is shared by the president of the World Resources Institute: “Companies that generate significant carbon emissions,” he warns, “face the threat of lawsuits similar to those common in the tobacco, pharmaceutical and asbestos industries.” (The Toronto Star, 4/29/07)

And if you thought asbestos and tobacco litigation were profitable, try to imagine all the “mass tort” cases that global warming will inspire. Energy companies, coal mines, any firm at all that generates carbon dioxide – these industries and many more can expect to find themselves accused of causing climate change.

Some law firms already have “climate-change groups” studying the possibilities. Another hint of things to come was a class action suit was filed on behalf of Mississippi residents against oil and coal companies after Hurricane Katrina – arguing that company emissions caused the climate change that caused the hurricane. (Star-Ledger, 7/8/07).

In Alaska, the Inuits claim that their island is sinking because of global warming. The aggrieved islanders haven’t decided who to sue yet – but they’ve got a Houston trial lawyer working on it. (Star-Ledger, 7/8/07)

All of which proves nothing at all about the actual causes or dangers of global warming. It’s just more evidence of a climate of greed and opportunism in the trial bar. And that’s one climate that never changes.

Steve Hantler

Something is Rotten in the State of Delaware

Why have some of the trial bar’s heaviest hitters in asbestos litigation infested Delaware – firms like including Simmons Cooper, Baron and Budd, and the Lanier law firm?

Why did the American Tort Reform Association (ATRA) place Delaware – which has always had a business-friendly reputation – on its “watch list” in the 2005 and 2006 editions of its “Judicial Hellholes” report?

One thing’s for sure – the trial bar’s legal talent isn’t circling Delaware because they love the state’s beautiful beaches.

The problem arises from a series of Delaware Supreme Court decisions that gave trial lawyers the green light to file hundreds of toxic tort cases. Out-of-state law firms are now busy turning Delaware into Ground Zero of the asbestos-litigation morass, but the overwhelming majority of plaintiffs have no connection to Delaware whatsoever. Approximately 80% of the plaintiffs in asbestos cases have never set foot in Delaware.

The numbers are startling. According to ATRA, in the year following May 2004 only 61 asbestos claims were filed in Delaware. But over the next 16 months, 272 asbestos cases were filed – a 345% increase. That number has now increased to 525 asbestos cases filed since May 1, 2005.

Due to this flood of lawsuits, the Delaware Superior Court has scheduled trials in as many as 85 cases to begin on a single day. The Court has also ordered defendants to try multiple cases in multiple courtrooms at the same time.

There are other warning signs. Delaware allows joint and several liability and has no limits on punitive damages. And newly-elected Attorney General Beau Biden is a former plaintiff’s asbestos lawyer.

Other states – such as Texas and Mississippi – have countered the flood of out-of-state lawsuits by enacting venue reforms – a measure that could help prevent the trial bar from turning Delaware into a “judicial hellhole.”

Steve Hantler

July 9 roundup

  • Judge Ramos disallows settlement of Citigroup directors derivative suit: deal had met defendants’ needs, plaintiff’s lawyers’ too, but not shareholders’ [PDF of decision courtesy NY Lawyer]

  • Drove a golf cart into the path of his car as it was being repossessed, jury decides he deserves $56,837 [MC Record]

  • Per ACOG, 92 percent of NY ob/gyns say they’ve been sued at least once [NY Post edit; more]

  • New British online-gambling law could trip up some virtual-world/massively multiplayer online games [GamesIndustry.biz]

  • Good news for bloggers: Iowa-based site can’t be sued in New York just because it answered questions from NY reader and accepted NY donations [Best Van Lines v. Walker, Second Circuit; McLaughlin]

  • Another great idea from Public Citizen: let’s not use new drugs till they’ve been on the market for seven years [Pharmalot via KevinMD]

  • After conviction of Mississippi trial lawyer Paul Minor in judicial corruption scandal, squabbling drags on over sentencing [Jackson Clarion-Ledger]

  • Conservative public interest law firms “can win some big cases [but] are notorious for lacking follow-through” [Tushnet, L.A. Times]

  • Contestants in Australian business dispute probably wound up spending more on the litigation than had been at stake in the first place [Sydney Morning Herald]

  • New at Point of Law: New Hampshire governor vetoes trial lawyers’ bill; global warming litigation to be bigger than tobacco?; the Times notices HIPAA;

  • It’s my emotional-support dog, and my lawyer says you have to let it into your store [eight years ago on Overlawyered, before these stories started getting common]

July 6 roundup

  • How to handle illegal alien’s slip-fall suit against supermarket? With some delicacy: jury told only that plaintiff “couldn’t legally work in this country” [Oroville, Calif., Mercury-Register]

  • Sorry, docs: “I hate doctors” beats out “I hate lawyers” as a Google search result [Bioethics Discussion Blog via KevinMD]

  • Virginia adopts harrowingly punitive schedule of traffic fines. Its sponsor: lawmaker whose day job is defending motorists [Washington Post; NRO “The Corner”; Ribstein; our earlier report]

  • A businessman in London is suing Google for “publishing” (by indexing) allegedly defamatory material, and, boy, will the Internet ever be a different place if he wins [Independent (U.K.), Volokh]

  • Federal indictment charges Houston injury lawyer secretly paid $3 million to two Hartford Insurance claims adjusters in connection with $34 million in silicosis settlements [PoL]

  • Mississippi high court rules invalid former AG Mike Moore’s slush-fund diversion of $20 million/year in tobacco settlement money to evade legislative oversight [Sun-Herald, Bader; also this PoL roundup]

  • More RIAA-suit horrors, this time from Washington state [Seattle P-I] Prospects for a counterattack? [Pasquale, Concurring Opinions]

  • California Assembly votes to require pet owners to sterilize mixed-breed dogs and cats, while UK animal rights authority mulls rights for invertebrates [Mangu-Ward and Bailey, Reason]

  • Here come the tainted-Chinese-export suits, with many American defendants on the hook [Parloff, Fortune] Plus: car with the “E COLI” license plate may be driving lawyer to work [WSJ Law Blog]

  • Gimme those antiquities: Peru vs. Yale on Machu Picchu relics [Zincavage]

  • Dick Schaap med-mal case evokes shifting theories from celebrated lawyer Tom Moore [two years ago at Overlawyered]

Crime does pay

Over at That Other Website, there’s a link to a Findlaw column by Anthony Sebok, entitled, “Could Virginia Tech Be Held Liable for Cho Seung Hui’s Shootings, If An Investigation Were to Reveal It Had Been Negligent?” The subtitle of the column, which tells you all you need to know, is “The Unfortunate Answer.”

To be fair, Sebok is a law professor, and the question posed is a legitimate academic one: what, if any, legal liability does Virginia Tech face? And also to be fair, Sebok speaks the right words about how Cho bears the primary blame. But at the same time, the article illustrates that the trial lawyers of the sort Overlawyered complains about every day are not revolutionaries; they’re just doing what they’ve been taught in law school. Namely, find a legal theory under which one can blame third parties.

Sebok is careful not to declare the university liable, but at the same time, he doesn’t think there’s anything farfetched about considering that it might be. He doesn’t think there’s anything wrong with trying to assign blame to the school for the acts of a criminal. Ultimately, he’s disappointed because Virginia is “notoriously pro-defendant,” and so even if the victims’ families can blame the state, the “final indignity” is that they could likely “only” win a maximum of $100,000. For the actions of a criminal.

Read On…

Playing “Redneck Woman” on the jukebox…

…resulted in a pro se suit from a black customer alleging that the airing of the popular country song constituted racial discrimination. The Fifth Circuit upheld a lower court’s decision to dismiss the suit against the Wichita, Kansas restaurant. (Brackens v. Texas Roadhouse in Wichita (PDF); Mississippi Law Blog, Feb. 6).

Incidentally, even before posting this item, this website already provides one of the very few current search hits on “Redneck Woman” + “Fifth Circuit”.

Update: Minor, co-defendants guilty on all charges

“Attorney Paul Minor, former Circuit Judge John Whitfield and Chancery Judge Wes Teel were found guilty Friday of all charges in a judicial bribery conspiracy.” (Anita Lee, “Guilty, guilty, guilty”, Biloxi Sun-Herald, Mar. 31; Jimmie E. Gates, “Minor, 2 others found guilty”, Jackson Clarion-Ledger, Mar. 31). We’ve been covering this corruption story, which arose from the financial coziness with judges of one of Mississippi’s most prominent trial lawyers, since it broke: see Mar. 16, etc., as well as Mar. 22.

More: Anita Lee, “Hard Time”, Biloxi Sun-Herald, Apr. 1.