Archive for March, 2011

County Backs Lonely Widow’s Right to ‘Prescription Pet,’ a Chihuahua, in Her Fla. Condo

Thursday, March 31st, 2011
Lonely, fragile and suffering from post-traumatic stress disorder after an auto accident, Phyllis Schleifer could benefit from a prescription pet, her doctor felt. So she wound up living with Sweetie, a three-pound Chihuahua, in her Deerfield Beach, Fla., condominium. The problem is, it prohibits dogs. And although Sweetie is described as an "emotional service animal" in her doctor's note, the condo directors didn't agree that the Chihuahua, who is shown in a photo accompanying the article perched on Schleifer's shoulder wearing a pink dress and a jeweled collar, was a legal exception to the rule, recounts the Sun-Sentinel. Broward County…

Hot Topics on ABA Meeting Agenda: Post-Law-School Jobs Data; ‘Revolutionary’ Legal Ed Changes?

Thursday, March 31st, 2011
Already expected to be well-attended because of a hot topic on the agenda for discussion—rules for reporting post-law school employment—a meeting of the American Bar Association Standards Review Committee this weekend is heating up further as the Association of American Law Schools enters the fray to protest what it describes as potential "revolutionary" changes in legal education. In a March 28 letter (PDF posted by TaxProf Blog), the AALS expresses concern about the way attorneys would be educated at ABA-accredited law schools if what the group sees as a significant possible change in direction is pursued under a worrisome "combination…

Ex-New Orleans Police Officer Gets 25 Years for Slaying Unarmed Civilian in Katrina Aftermath

Thursday, March 31st, 2011
Expressing disgust at what he called an intentional killing of a man police apparently mistakenly believed to be a looter, federal judge today sentenced a former New Orleans officer to more than 25 years in prison for gunning down an unarmed 31-year-old civilian in the aftermath of Hurricane Katrina. A rookie at the time, David Warren contended that he had felt menaced by Henry Glover, but U.S. District Judge Lance Africk called that claim absurd, according to the Associated Press and the Times Picayune. "You killed a man. Despite your tendentious arguments to the contrary, it was no mistake," the…

Ex-Judge Is Indicted in Federal Racketeering Case, Accused of Profiting from His Work as a Jurist

Thursday, March 31st, 2011
A former police officer and Texas judge has been federally indicted in a racketeering case, accused of illegally profiting from his work on the bench. The indictment says ex-404th District Judge Abel Limas was paid by four unidentified attorneys for favorable treatment. Meanwhile, he allegedly used a fifth unidentified individual as a go-between for criminal defendants seeking a break on their cases, according to the Brownsville Herald and KGBT. Licensed in 1986, he served on the bench from 2000 to 2008 before returning to private practice. Neither article includes any comment from Limas, who was released on $50,000 unsecured bond…

Miss. Judge Suspended 30 Days, Without Pay, for Meeting Parties, Lawyers Outside Court

Thursday, March 31st, 2011
A Mississippi judge has been suspended for 30 days without pay, and will also be reprimanded and fined, for talking with litigants and lawyers outside court. Hinds County Justice Court Judge Houston Patton also allegedly held hearings and made rulings without notifying parties in cases, reports the Clarion Ledger. The state Commission on Judicial Performance had recommended that Patton be punished only with a reprimand and a fine, but the Mississippi Supreme Court said the judge's actions required more because he had denied parties their rights.

Yale Law School Gets Hit by Double-Digit Drop in Applications

Thursday, March 31st, 2011
Applications are down at the nation’s No. 1 ranked law school. Yale Law School had a 16.5 percent drop in law school applications at its March 1 deadline, the Yale Daily News reports. The average drop in law school applicants nationwide is about 11.5 percent. Public affairs director Janet Conroy told the Yale publication that administrators are not worried because the volume of applications “is within our normal historical range.” Last year applications hit a 14-year-high at the school. Two other law schools reporting drops in applicants are Duke, down 20 percent, and the University of Chicago, down 12 percent,…

DOJ Hosts Bank Negotiations on Foreclosure Issues; NY AG Fears Deal Will Include Bank Amnesty

Thursday, March 31st, 2011
The U.S. Justice Department hosted a day-long negotiating session to discuss foreclosure practices on Wednesday that included state attorneys general and five of the nation’s largest banks. Iowa Attorney General Tom Miller called the session “far-ranging and productive” and said it was “a good first step” in a discussion of new foreclosure rules, the Associated Press reports. He did not say whether negotiations focused on possible bank fines or penalties. The talks were aimed at settling state and federal investigations into robo-signing and other foreclosure problems, the Los Angeles Times reports. Bloomberg has some details of the settlement proposal. Among…

Dwarf Couple Who Posed for AP Photo Sues over Its Altered Use in Reality TV Spoof

Thursday, March 31st, 2011
A dwarf couple is suing E! Entertainment Television for for using an altered version of their photograph to spoof reality TV shows. The suit by Cara and Gibson Reynolds of Collingswood, N.J., seeks more than $50,000 in damages for defamation, invasion of privacy, infliction of emotional distress and unjust enrichment. The Associated Press and Courthouse News Service have stories. Cara and Gibson Reynolds had posed for the Associated Press photo in connection with an article on genetic testing of embryos for couples with known genetic conditions. The couple’s first child had died soon after childbirth because of a genetic defect.…

Judge Uses Shakespeare Insult in Rejecting Lawyer’s Copyright Claim for Copied Sentence

Thursday, March 31st, 2011
A federal judge is using a Shakespeare put-down in rejecting a lawyer’s claim of copyright infringement for a copied sentence. U.S. District Judge Dolly Gee said lawyer Kenneth M. Stern may have to pay attorney fees for pursuing “such folderol"—a claim of copyright in a forwarded sentence-long message, the Volokh Conspiracy reports. The sentence, posted on an email discussion group for consumer attorneys, asked whether anyone had ever had billing problems with a forensic accounting firm. The defendant, a lawyer, had forwarded the message to his sister, also a lawyer, who forwarded it to the forensic accountants, according to Stern's…

Defendant Not Competent for Sex Abuse Trial, But Not Dangerous Enough for Commitment

Thursday, March 31st, 2011
A Utah prosecutor is complaining that a loophole in the law may allow a child sex abuse defendant to be released from a mental hospital even though he will likely be found incompetent to stand trial. A judge indicated several weeks ago that the defendant, Lonnie Hyrum Johnson, would likely not be found competent to be tried on nearly two dozen charges of child sexual abuse, the Associated Press and the Deseret News report. But doctors have indicated Johnson is not a danger to society to justify involuntary commitment, and he may be freed after a Thursday hearing. Assistant District…