Archive for August, 2010

$667M Nursing Home Verdict Surprised Even the Plaintiffs’ Lawyers

Tuesday, August 31st, 2010
A class action lawsuit that resulted in a $667 million verdict last month against a for-profit nursing home company surprised even the plaintiffs’ lawyers. The verdict is thought to be the largest in the country so far this year, the Associated Press reports. The huge award is “sending shock waves through the industry and rekindling calls for tort reform,” the story says. Both sides are discussing a settlement. Last week, a California judge denied a motion for a mistrial that claimed one of the jurors in the case had not disclosed his former experience with the company, Skilled Healthcare Group…

Interviewing? Here’s How to Put Off Pay Discussion as Long as Possible

Tuesday, August 31st, 2010
Lawyers interviewing for a job shouldn’t be too hasty when it comes to discussions about compensation. The pay question should be put off as long as possible, preferably until the time an offer is made, according to legal search consultants Valerie Fontaine and Roberta Kass. “You want to gather as much information about the job as you can,” they explain in an article for Law.com. “You also want the potential employer to think you are much more interested in the opportunity itself, rather than the money.” Job seekers should let the employer be the first to come up with a…

Civil Rights Groups Sue Over Claimed US Kill List

Monday, August 30th, 2010
Civil liberties groups filed a federal lawsuit today against the United States government on behalf of a U.S.-born cleric who is in hiding in Yemen. Anwar al-Aulaqi has been unconstitutionally placed on a U.S. kill list because of his suspected involvement in terrorist activities, contend the American Civil Liberties Union and the Center for Constitutional Rights. Their complaint (PDF), which names as defendants the president of the United States, the director of the CIA and the secretary of the Department of Defense, was filed in Washington, D.C., according to the Washington Post. "The United States cannot simply execute people, including…

Increasing Federal Bench Vacancies Concern Observers, Including Justice Kennedy

Monday, August 30th, 2010
There are 876 federal judgeships in the United States. But an increasing number are unfilled, and nearly half of these seats could be vacant by the end of the decade if the current slow pace of selecting and approving nominees for open judicial jobs continues. Right now, there are 102 vacant seats on the federal bench, with nominees pending for only 39 of them, reports the Los Angeles Times. The increasing politicization and contentiousness of the confirmation process is a big part of the problem, observers say. "It's important for the public to understand that the excellence of the federal…

Hard-Fought Depo Didn’t Cross Ethical Line, Grievance Panel Finds

Monday, August 30th, 2010
After many years in practice, Andrew O'Keefe had a clean disciplinary record. But a hard-fought deposition put the Hartford, Conn., defense attorney in the hot seat after a Manchester woman contended that he tried to “harass, intimidate and embarrass” her with questions at the session. A local grievance panel determined earlier this year that there was probable cause to pursue the complaint. But the Statewide Grievance Committee then dismissed the complaint, finding that the questions asked by against O’Keefe were "fair inquisitions,” reports the Connecticut Law Tribune. “A deposition is always an adversarial process, and any client will be uncomfortable…

Squire Sanders Motion Hits Lawyer’s ‘Delusions’ that LeBron James Is His Son

Monday, August 30th, 2010
A onetime lawyer for the Securities and Exchange Commission who says he may be the father of LeBron James is basing his lawsuit on “rank speculation” and groundless damages claims, according to a motion to dismiss filed today. Leicester Bryce Stovell, a 1980 graduate of the University of Chicago Law School, alleges in his July lawsuit that James or his mother, Gloria James, tampered with the results of a paternity test arranged by Squire Sanders & Dempsey in Cleveland. Lawyers for the firm—including John Burlingame, Washington, D.C., managing partner—say Stovell may truly believe his claim, but his belief isn’t enough…

Ruling Clears Way for Testimony by Ex-Toyota Lawyer on Hidden Documents

Monday, August 30th, 2010
A ruling by the Texas Supreme Court is expected to clear the way for a former Toyota lawyer to testify about allegations the company failed to disclose information on design defects in its cars. The ruling allows a judge to consider a contempt of court sanction in a case brought by Pennie Green, who became a quadriplegic at the age of 17 when her Toyota Camry rolled over and the roof collapsed, the Austin American-Statesman reports. At issue was whether the trial judge still had jurisdiction to consider whether Toyota violated a court order to disclose all documents, even though…

Gunman Suspected of Killing Lawyer Wife, Then Himself, Described as Kind, Gentle

Monday, August 30th, 2010
A gunman suspected of strangling his wife, a former Barnes & Thornburg partner, before firing at the law firm and then killing himself was described as kind and gentle by family and friends. The lawyer, 44-year-old Mary Jane Frisby, had filed for divorce on Aug. 18 and resigned from her firm on Aug. 20, according to an Indiana Lawyer report on the tragedy. About a week later, she was found dead in her Brownsburg, Ind., home after her husband, 58-year-old David Frisby, shot himself in a parking garage and left a note leading police to her body. The law firm…

NY Volunteer Attorney Programs Benefit from ‘Lost Generation’ of Law Grads

Monday, August 30th, 2010
Many underemployed law grads from the classes of 2009 and 2010 are beefing up their resumés with volunteer work, and that’s a boon for New York’s court system. The legal sector in New York shrunk by 10 percent over the past year, making the job search difficult for those who aren’t in the top 10 percent of their law school classes, Crain’s New York Business (sub. req.) reports. In an effort to help their grads, many law schools in the state started working with the court system to send grads into its Volunteer Attorney Programs. The result: “Local courts are…

‘Lawyer Norman Tugwater’ Ready to Sue for Pro Athletes’ Fantasy Rights

Monday, August 30th, 2010
"Lawyer Norman Tugwater” is fighting mad because fantasy sports leagues are misappropriating the bragging rights of pro athletes. “I’m getting ready to clean up with the mop of justice,” Tugwater proclaims in his YouTube video. “If you refuse to pay our athletes, we’ll come find you, and squeeze it out of you like a tube of toothpaste.” Tugwater is actually actor Gary Busey, and his video is part of an ad campaign for VitaminWater. "I don't think twice about coming after fantasy owners. In fact, I rarely think at all," he writes on Twitter. He continues the taunts on Facebook,…