Overlawyered

Nutritious, fattening or both?

Also via the Colorado Civil Justice League May 21 newsletter: class members will receive $240,000 and a law firm representing the class will get $350,000 in fees following the settlement of an action against Chemins Company Inc. of Colorado Springs over mislabeled powdered protein supplements. The supplements allegedly contained twice as many carbohydrates and half as much protein as specified on their label. The settlement was billed as being worth $3 million but only 117 certified claimants stepped forward instead of the projected 10,000. Hill & Robbins had originally requested $600,000 in fees but the judge said $825 an hour was too much so he cut it to $481 an hour, which still leaves the lawyers with a bigger share of the booty than their clients. (Rocky Mountain News coverage: John Accola, "Class-action morass", May 7; "Two lead plaintiffs won't get bonuses", May 7; "The class-action game and how to slow it", (editorial), May 14; letter to the editor from attorney Ronald L. Wilcox of Hill & Robbins, May 14).

Claim: motel glass too clean

The Colorado Civil Justice League, in its May 21 newsletter, reports: "The Loveland Reporter-Herald reports that a Broomfield family has sued a motel for keeping a sliding glass door too clean. The family is suing the owners of the Hobby Horse Motor Lodge after their then-8-year-old son ran through a sliding glass door at the motel because 'the glass was so transparent and clean that (he) erroneously, but understandably, assumed that the door had remained open,' according to the lawsuit."

Liberal bloggers: bring back nuclear power

So say Mark Kleiman (Jun. 4), Matthew Yglesias, and Brad DeLong.

Another valedictorian suit

June is a time for graduation, and what graduation would be complete without at least one lawsuit over who has the highest GPA? (See Jul. 12 and links therein.) Blogger Andrea comments unkindly. (Ariel Sabar, "Suit exposes cultural clash", Baltimore Sun, Jun. 7; AP, Jun. 3) (via Bonin).

New website coming soon: PointOfLaw.com

For a while now I've been at work on a project which will be of interest to many readers of this site, and I'm happy to say I can now divulge its general outlines. A few months ago the Manhattan Institute (with which I'm associated as a senior fellow) asked me to develop, launch and edit an entirely new website under its auspices (unlike Overlawyered, which is freestanding). The site's mission: to take a more in-depth look at our legal system and how it might best be fixed.

Parents yes, governments no

Fuhgeddaboudit, Bill Bennett: "grandstanding politicos seem intent on getting the government into the business of censorship. ... It has been said that when Democrats start talking about children, it's time to hide your wallet; when Republicans start talking about children, it's time to TIVO the good stuff for posterity." (Prof. Bainbridge, Jun. 4; Adam Thierer, National Review Online, Jun. 4). And another parent, this time a New Mexico resident with a 12-year-old boy, has been menaced by authorities with child abuse charges for taking his child off Ritalin, the antidepressant drug (Brian Robinson, "Pills vs. Talking: Dad Investigated for Taking Son Off Meds", ABC News, Jun. 7). For an earlier case along the same lines, see Jul. 26-27, 2000. (via Wizbang). Sydney Smith has more (Jun. 8).

NYC's Wilens & Baker reprimanded

New York subway riders have long been familiar with the high-volume ad campaigns of Wilens & Baker with its hotlines 1-800-DIVORCE (on which see Dec. 18-19, 2000), 1-800-IMMIGRATION and 1-800-BANKRUPT. At the moment the firm's big campaign is aimed at recruiting patients who have received hormone replacement therapy: if they've taken Premarin or Prempro and later developed breast cancer, heart problems, or many other ailments, they may be entitled to compensation, the ads say. Wilens & Baker's website declares that the law firm has "a real understanding of the emotional hardship that accompanies extremely unfortunate circumstances".

Hmmm. It turns out the 12-lawyer firm and its partner Lawrence M. Wilens have just been censured by the New York judiciary for "engaging in a pattern of rude, neglectful and demeaning conduct toward clients" after admitting to 19 violations of the state's Code of Professional Responsibility, according to New York Lawyer/New York Law Journal, which has numerous colorful details (Anthony Lin, "High-Visibility NY Law Firm Censured", May 21). Although W&B;'s Prempro website declares: "You deserve a firm which specializes in personal injury and mass tort litigation", it does not mention that 80 percent of W&B;'s caseload is actually in immigration law. In the disciplinary proceedings, the firm's employees and Mr. Wilens in particular were found to have hurled insults at various immigrant clients, including those who could not afford to pay their bills. The firm said it had changed its practices and "Mr. Wilens and other senior lawyers at the firm completed anger management classes", but the appellate panel refused a plea to keep the reprimand secret. It was also apparently unswayed by a character reference submitted by "Richard Katcher, the chairman of Wachtell, Lipton, Rosen & Katz, one of the city's top corporate law firms. Mr. Katcher told the committee he was 'buddies' with Mr. Wilens and that they frequently dined, socialized and vacationed together. He said he had recommended Wilens and Baker on a number of occasions and Mr. Wilens was well regarded in professional and social circles." David Giacalone, whose invaluable website has again suspended its specifically legal commentary, covers the story (May 21, & see his comments section).

Change of a penny proves bid's legal undoing

Minimum deposit required $4,420 and 19.8 cents, actual proffered deposit $4,420 and 19 cents even, result: misery. After the tax auction of a piece of Ontario vacation land, a rival successfully challenged the high bid on the grounds that it should have included a deposit that was eight-tenths of a cent higher. We're all in favor of formalism in the law, but... (Paul Waldie, "A penny saved . . . is a cottage lost", Globe and Mail, Jun. 5).

Rule of Lawyers thanks

Thanks to David Bernstein (Volokh Conspiracy, Jun. 2) for his kind words recommending that people buy my book The Rule of Lawyers, newly out in paperback. Also to Key Monk, who calls it "another good read" (Jun. 1). Reviews of the book, from numerous perspectives, can be found here. Also, we've noticed a few more reviews of the book online in addition to those previously noted: Richard R. Forsten, "It's a Mad, Mad, Mad, Mad World", In Re: (Delaware State Bar Association), Oct. 2003; "Keeping Up With New Legal Titles", review by Harvey K. Morrell, 95 Law Library Journal (2003), (PDF)(scroll to p. 588)("In clear, lucid prose Olson keeps the reader enthralled as he recounts his tales of horror"), and George Leef, "The Learning Curve #145 -- Rule of Lawyers: A Feeding Frenzy of National Proportions", Carolina Journal, May 24, 2004 ("sardonic wit. ...a well-researched and deliciously written expose of a serious national problem.") Evan Schaeffer (Jun. 5) already has sent off for his copy, Paul of Right Side of the Rainbow (Jun. 6) plans to do the same, and you should too (revised and bumped 6/7).

Ultimate in buyer's remorse

"A transsexual who spent £60,000 on surgery to become a woman is suing her doctor after claiming that he misdiagnosed her with gender dysphoria." Samantha Kane, 44, of Newcastle-under-Tyne, England, had been a millionaire property owner and father of two named Sam Hashimi until deciding to change his gender in an operation seven years ago. Now Kane says she does not enjoy living as a woman and misses the parts of her body that were cut off. She is suing consultant psychiatrist Dr Russell Reid, saying he advised her improperly and should never have permitted the operation. (Helen Nugent, "Sex-change woman sues over 'terrible mistake'", London Times/Gender Trust, May 27).

West Virginia M.D.s

...won the enactment of far-reaching liability reform in their state last year. How they did it ("The story of tort reform in West Virginia", David A. Kappel, M.D., Bulletin of the American College of Surgeons, May (PDF)). See also "Malpractice Liability in West Virginia" (survey), U.S. Chamber of Commerce Institute for Legal Reform, Nov. 19, 2002 (PDF); American College of Obstetricians and Gynecologists, "Ob-Gyns Praise West Virginia's New Law On Medical Liability Reform" (press release), Mar. 19, 2003. For the other side's views, see Public Citizen, Jul. 9, 2003, and Stephanie Mencimer, "Malpractice Makes Perfect", Washington Monthly, Oct. 2003 (& see Howard Kurtz, "Fox's Middle Man", Washington Post, Apr. 5 on publishing history of last-named piece, which was nominated for a National Magazine Award although the New Republic had "rejected it as flawed after a couple of rounds of rewriting").

Ronald Reagan, 1911-2004

"Said Petko Bocharov, a prominent Bulgarian journalist: 'The fact that today Bulgaria is a member of NATO could happen only after the efforts of this great American president. His name will forever remain in history.' ... 'For us, Reagan was important because we knew he was really anti-Communist, emotionally anti-Communist,' said Zdenek Kosina, 65, a Czech computer specialist. 'For us, he was a symbol of the United States' genuine determination to bring communism to an end.' Laurentiu Ivan, 35, a customs officer in the Romanian capital, struggled to describe Reagan's legacy and then said: 'It is due to him that we are free.'" (William J. Kole, "International reaction: 'It is due to him that we are free'", AP/Minneapolis Star-Tribune, Jun. 6).

Ohio reforms asbestos, silica litigation

A breakthrough? With Gov. Robert Taft's signature, Ohio has now enacted the nation's first legislation establishing medical guidelines for eligibility to file lawsuits over exposure to asbestos and silica. Claimants not ill enough to meet the criteria will have their names placed on an "inactive docket" and will be allowed to proceed with suits if their physical condition worsens. The bill was a major objective of business and insurance groups and faced stiff opposition from trial lawyers, who've vowed to challenge it in court. (Jim Provance, "Taft signs bill curbing asbestos suits", Toledo Blade, Jun. 4; "Taft signs law limiting lawsuits over lung damage from silica", AP/Ohio News Network, Jun. 2). See also opinion pieces: Doug Bandow, "Asbestos Liability Should Be On Domestic Reform Agenda", Investors Business Daily/Cato Institute, Feb. 20; "Finding an asbestos compromise", Copley/TownHall, Apr. 26; Dana Joel Gattuso, "Asbestos Litigation Choking Courts with False Claimants", Heartland Institute Environment News, May 1).

Great moments in economic regulation

With soaring gasoline prices beginning to cause economic hardship, Minnesota's Commerce Department is cracking down on gas stations for charging prices that are too low. "The state adopted a law in 2001 that bars gas stations from selling gas without taking a minimum profit. These days, stations must charge at least eight cents per gallon more than they paid. The Commerce Department is now issuing its first fines for breaking the law. It fined Arkansas-based Murphy Oil $70,000 for breaking the law at its ten state stations, which are based at Wal-Mart stores," and also fined one Kwik Trip station. ("Commerce Department Cracks Down on Under Priced Gas", KARE11.com (Minneapolis-St. Paul), May 29)(via Truck and Barter).

Impersonating a tribe

Ronald A. Roberts of Granville, N.Y., who has called himself Sachem Golden Eagle of the Western Mohegans, awaits sentencing June 17 after pleading guilty to federal charges of perjury and submitting false documents in proceedings asking for recognition as an Indian tribe. Last year Mr. Roberts "sued New York State, seeking millions in rent over the last 200 years on 900,000 acres of public land throughout the Hudson Valley, including land around the Capitol. In another suit, in 1999 he had tried to stop the development of a state park on Schodack Island in the Hudson River near Albany, asserting that it was the ancestral burial grounds of his people. Judges eventually threw out both suits." According to prosecutors, Roberts advanced his claims to represent a surviving Indian tribe by submitting "an altered death certificate for his grandfather, Arthur E. Smith, on which the cursive 'W' for white on the form had been changed to 'Indian.' But prosecutors pointed out that it was not much of a forgery, since the clumsy alteration was made with a ballpoint pen, invented after the grandfather's death." Roberts "also gave the federal government a doctored version of the 1845 census of Indians in New York, in which someone had conveniently inserted his great-grandfather's name into a list of Indian household heads." (James C. McKinley Jr., "Man With Flair for Reinventing Himself Goes a Step Too Far", New York Times, Jun. 3; Hallie Arnold, "Ex-leader admits lying on tribal application", Kingston Daily Freeman, Feb. 10). For more on the curious, high-stakes legal world of tribal recognition, casinos and land claims, see May 17, Feb. 9 and links from there.

Update: "Ten Commandments" slate

In Alabama's GOP primary Tuesday, where a slate of religious-right judicial candidates backed by former chief justice Roy Moore was financially supported by the state's leading plaintiff's lawyers (see Jun. 1), Moore loyalist Tom Parker succeeded in knocking off business-favored incumbent Jean Brown by a narrow margin; a second "Ten Commandments" candidate lost outright, while a third trailed badly in voting but may have succeeded in forcing a runoff. (William C. Singleton III, "Roy Moore's clout swings high court race", Birmingham Post-Herald, Jun. 2). Mike DeBow of Southern Appeal (Jun. 2) has more, and notes that the Democrat who will be facing off against Mooreite Parker in November, Robert Smith of Mobile, is -- unusually for a Democratic candidate in that state, it would seem -- a defense- rather than a plaintiff's-side litigator and indeed a member of the International Association of Defense Counsel.

Oz: jilted wife wants stress damages too

Two months ago (see Apr. 8) a workers' comp tribunal caused a furor in Australia by awarding $A28,000 to teacher Jeff Sinclair, who was fired over an affair with a teenage student. ("School for scandal", Melbourne Age, May 3). Now Sabina Sinclair, the educator's spurned wife, is also seeking compensation for psychological injury from the New South Wales education department over the incident. "I am really fragile," she said. (Martin Wallace, "Jilted wife seeks damages", Daily Telegraph/News.com.au, May 31).