It's like magic, we'll just make Big Business pay:

Washington, D.C., lawyer Thomas Fay has spent years hounding the Libyan government for money on behalf of victims of terrorist attacks. Now he's hoping to collect -- from American companies.

Fay has sent letters to 13 brand-name corporations, including Exxon Mobil and Chevron, notifying them that if he wins his case against Libya, he'll be coming after them. He has even sent one to White & Case, the prominent law firm that recently signed on to defend Libya.

The gambit stems from a change in the law meant to make it easier for plaintiffs to secure judgments and collect from countries found responsible for sponsoring terrorist attacks. Until recently, those who had prevailed in court had few options for collecting.

But on Jan. 28, President George W. Bush signed a bill amending the Foreign Sovereign Immunities Act to allow plaintiffs to seek any asset owned by the terrorist-sponsoring country in reach of American courts, including frozen accounts or property managed by others. The amendment also permits victims to request punitive damages, which they couldn't before, and eliminates some avenues for appeal. Under the new law, plaintiffs with pending cases had 60 days to file or refile claims.

Attorney Fay was among those lobbying for the new provision, which was sponsored by Sens. Frank Lautenberg (D-N.J.) and Arlen Specter (R-Pa.). (W.J. Hennigan, Legal Times, Apr. 15).

The Eleventh Circuit on Monday "held that Ingrid Reeves could proceed to trial with her hostile environment harassment claim -- which is to say, that if the jury agrees with her on the facts, it's entitled to award potentially hundreds of thousands of dollars in damages -- even though the case didn't involve any sexual extortion, any offensive touching, any sexual propositions, or even any insults targeted to her personally. Rather, her complaints, as described by the Eleventh Circuit were chiefly related to "sexually crude language that offended her." Among the sources of that offense, per the court opinion, was "a radio program that was played every morning on the stereo in the office", per Eugene Volokh "a morning program on Birmingham's 107.7 FM during 2002-03, according to one brief". (May 2; title post borrowed from Bader). More: Fulton County Daily Report, Evil HR Lady ("And you wonder sometime why we HR types put a damper on the fun.").

"Stacy Hanson and wife Colleen are suing Rocky Mountain Enterprises of Nevada, owner of the West Valley City pawn shop where Sulejman Talovic purchased a shotgun with a pistol grip. Talovic killed five people and injured four at Salt Lake City's Trolley Square mall in February 2007." (KSL, May 2).

Don't X

Another bunch of things not to do if you're a member of the legal profession.

  • Send insulting letters to opposing counsel. (G.F. Pignato, ordered to write an article about civility.) [Legal Profession Blog via ABA Journal]
  • Leave your innocent client in jail by failing to act on new evidence. (William S. Gebbie, surrenders his California license; also accused of stealing client funds.) [ABA Journal]
  • Use the NY Yankees trademark without permission in advertising for asbestos clients. [ATL]
  • Make "jerk-off" motions in court. (Adam Reposa, Texas, sentenced to ninety days for contempt of court; many in blogosphere are appalled at what they call an overreaction.) [ATL; Simple Justice; Mark Bennett and again; and Patterico notes an interesting coincidence]
  • Mock the plaintiffs' attorney at a jury trial with "Overruled" signs and soccer-style red cards. (Judge James M. Brooks, admonished.) [ATL]
  • As a prosecutor, conceal exculpatory evidence. (Former Sonoma County Deputy District Attorney Brooke Halsey Jr., suspended.) [ABA Journal]
  • And even if you're a pro se, don't send a death threat to opposing counsel by fax. [Milwaukee Journal-Sentinel]

Earlier: Feb. 24.

Norm Pattis (here and here) and Scott Greenfield (here) have some highly interesting coverage of the efforts of the colorful Michigan lawyer and his defense lawyer, Gerry Spence, to turn his trial on charges of contribution-laundering into a trial of the feds' efforts to "get" him.

May 2 roundup

  • Contriving to give Sheldon Silver the moral high ground: NY judges steamed at lack of raises are retaliating against Albany lawmakers' law firms [NY Post and editorial. More: Turkewitz.]
  • When strong laws prove weak: Britain's many layers of land use control seem futile against determined builders of gypsy encampments [Telegraph]
  • "U.S. patent chief: applications up, quality down" [EETimes]
  • Plenty of willing takers for those 4,703 new cars that survived the listing-ship near-disaster, but Mazda destroyed them instead [WSJ]
  • "Prof. Dohrn [for] Attorney General and Rev. Wright [for] Secretary of State"? So hard to tell when left-leaning lawprof Brian Leiter is kidding and when he's not [Leiter Reports]
  • Yet another hard-disk-capacity class action settlement, $900K to Strange & Carpenter [Creative HDD MP3 Player; earlier. More: Sullum, Reason "Hit and Run".]
  • Filipino ship whistleblowers' case: judge slashes Texas attorney's fee, "calling the lawyer's attempt to bill his clients nearly $300,000 'unethically excessive.'" [Boston Globe, earlier]
  • RFK Jr. Watch: America's Most Irresponsible Public Figure (r) endorses Oklahoma poultry litigation [Legal NewsLine]
  • Just what the budget-strapped state needs: NY lawmakers earmark funds for three (3) new law schools [NY Post editorial; PoL first, second posts, Greenfield]
  • In Indiana, IUPUI administrators back off: it wasn't racial harassment after all for student-employee to read a historical book on fight against Klan [FIRE; earlier]
  • Fiesta Cornyation in San Antonio just isn't the same without the flying tortillas [two years ago on Overlawyered]

Welcome Kawasaki fans

Overlawyered is placed high up above the fold in the new law section in Guy Kawasaki's fascinating "Alltop" project.

This website is mentioned in an article on allergies and chemical sensitivities in the workplace, specifically on the case of Susan McBride, who's suing her employer, the city of Detroit, for not preventing a co-worker from wearing perfume to the office (see Jul. 6 and Jul. 18, 2007; earlier Detroit case, May 25, 2005). (Lisa Belkin, "Sickened by the Office (Really)", May 1).

In the April American Spectator, William Tucker has a lengthy piece on the question of whether scandals, legislative setbacks and a more critical public view toward litigation together signify that the power and influence of the trial bar has peaked. This site is mentioned in the piece and I'm quoted, observing that "People have called the top of this market before and they've always turned out to be wrong." (not online, apparently; Jane Genova discusses).

I have an op-ed in today's New York Sun on the affirmance of the "Port Authority is 68% responsible for the 1993 World Trade Center car bomb" verdict. Earlier.

Updating our Jan. 18, 2007 post: "Connecticut's Commission on Human Rights and Opportunities says that the city of Stamford violated anti-discrimination law because they wouldn't give extra time on a promotion exam to David Lenotti. Lenotti is a fire lieutenant with attention deficit disorder." [Excerpting coverage in the Apr. 15 Stamford Advocate*]:

The city defended the denial by claiming a fire captain, the position Lenotti sought, must be able to read and process information quickly at a fire scene. But state officials said the city never proved that was true, never consulted with disability rights experts and does not use a promotional test that actually measures how fast a candidate can read.

(Dave Statter, Apr. 20; Created Things, Apr. 16; decision in PDF format).
*
An odd aspect of the Stamford Advocate article, preserved on GoogleCache: it quotes disability consultant Suzanne Kitchen making the very same comment, word for word, that we criticized her for making more than a year ago. Does Ms. Kitchen really repeat herself so precisely?

Eric Muller has details.

Newstex syndication

Overlawyered is now among the blogs carried by the "content on demand" news service.

A major victory for the good guys, of which Ted has a discussion at Point of Law. I would add that Mayor Bloomberg and other promoters of the gun litigation should take very little comfort from Judge Katzmann's dissent, which is based on two themes -- that the majority could have decided the case without reference to constitutional analysis, and that it could have certified the case to the New York courts for an authoritative account of local law -- that in no way imply any endorsement of the city's case on the merits. (Larry Neumeister, AP/SFGate, Apr. 30).

More from Hans Bader: "The Brady Center to Prevent Gun Violence has claimed that the law violates "separation of powers" by changing the outcome of pending court cases (an argument that, if taken to its logical conclusion, would require invalidating the 1964 Civil Rights Act because it legislatively overturned trespass convictions of civil-rights demonstrators who engaged in sit-ins)."

AP @ Volokh, from Greece:

Three islanders from Lesbos ... have taken a gay rights group to court for using the word lesbian in its name. ...

"My sister can't say she is a Lesbian," said Dimitris Lambrou. "Our geographical designation has been usurped by certain ladies who have no connection whatsoever with Lesbos," he said.

Sports doctors say more youngsters are coming in with arm injuries from excessive hard pitching on the baseball field. In Washington state, Jason Koenig has lost his lawsuit claiming that North Mason High School was negligent in not overriding his wishes to stay in for all nine innings, 140 pitches, in a game in April 2001, resulting in injury to his arm. (Tom Wyrwich, "Former high school pitcher hopes rules are changed to protect young arms", Seattle Times, Apr. 29).

47-year-old archaeology professor Chris Ratte is perhaps not the most careful of parents; he says he didn't realize when he bought a $7 "Mike's Hard Lemonade" at a Tigers game, it was an alcoholic beverage (all of 10 proof), and let his 7-year-old son Leo drink the 12-ounce bottle. A vendor noticed the boy with the drink; the boy had no symptoms of inebriation but said he was nauseated; and stadium officials, in a prime example of defensive overreaction, summoned an ambulance, which found Leo fine with no trace of alcohol in his system.

Silly enough so far, no harm, no foul, but Michigan Child Protective Services intervened, held Leo in foster care for two days (refusing to release him to the custody of his aunts, who drove from New England on short notice for just such a possibility), and forced Ratte to move out of the house until a second hearing okayed his return. If Ratte and his wife weren't upper-middle-class academics with access to the University of Michigan Law School clinic professors, it could have been much worse. "Don Duquette, a U-M law professor who directs the university's Child Advocacy Law Clinic, represented Ratte and his wife. He notes sardonically that the most remarkable thing about the couple's case may be the relative speed with which they were reunited with Leo." (Brian Dickerson, Detroit Free Press, Apr. 28 (h/t B.C.)).

Some policy proposals are for taxpayers to fund attorneys to defend parents victimized by Child Protective Services; some go so far as to call it a constitutional right, albeit one having nothing to do with the underlying text of the Constitution. But that would only treat the symptom and ossify the underlying problem of abusive government intervention into the home.

In the wake of the September 11 bombings, Congress established a Victims Compensation Fund and limited liability for a number of deep-pockets who were also victimized by the attacks. A number of academics questioned that it was even conceivable that innocent third parties could be held liable for a terrorist attack. Anthony J. Sebok, What's Law Got to Do With It? Designing Compensation Schemes in the Shadow of the Tort System, 53 DEPAUL L. REV. 901, 917 (2003); RICHARD A. NAGAREDA, MASS TORTS IN A WORLD OF SETTLEMENT 104 (2007); Peter Schuck, Special Dispensation, AM. LAWYER (June 2004); see also LLOYD DIXON AND RACHEL KAGANOFF STERN, COMPENSATION FOR LOSSES FROM THE 9/11 ATTACKS (RAND Institute for Civil Justice 2004).

Overlawyered readers knew better, because they had seen the Port Authority get socked with a $1.8 billion verdict (Oct. 27, 2005; Oct. 29, 2005; Nov. 2, 2005) after being held 68% responsible for the deliberate bombing of the World Trade Center by terrorists in 1993. The Port Authority appealed the absurd ruling, but the Appellate Division has affirmed unanimously (via) since, after all, such absurdities are central to the modern tort regime and thus not "legal error" to abandon the centuries-old concept of intervening causation. As I noted in a related Wall Street Journal editorial, contingent-fee attorneys' incentives are not to seek out the truth behind wrongdoing, but to construct a narrative that will hold the deepest pocket the most responsible, regardless of the effect on justice. This distortion has worked its way into popular culture; a survey of family members of September 11 decedents found that the median respondent held the terrorists only 30% responsible for losses. Gillian Hadfield, Framing the Choice between Cash and the Courthouse: Experiences with the 9/11 Victim Compensation Fund, 42 L. & SOC. R. __ (forthcoming 2008). See also my House testimony on the expansion of the 9/11 Fund.

"Kristen" from the Spitzer affair wants $10 million, saying the notorious video series photographed her when she was 17, not the requisite 18 -- it seems likely that she had a hand in this deception herself -- and now owes her $10 million for injury to her "business, reputation and good will". (Curt Anderson, "Spitzer call girl sues 'Girls Gone Wild' for $10 million", AP/Philly.com, Apr. 28; WSJ law blog, Apr. 29).

"Priya Venkatesan (Dartmouth '90, MS in Genetics, PhD in literature) emailed members of her Winter '08 Writing 5 class Saturday night to announce her intention to seek damages from them for their being mean to her." Venkatesan, who is working on a book entitled A Postmodernist in the Laboratory, was the instructor in a class called Science, Technology and Society, evidently an example of the Science Studies genre. "Essentially, I am pursuing litigation to see if I have a legal claim, that is, if the inappropriate and unprofessional behavior I was subjected to as a Research Associate and Lecturer at Dartmouth constitutes discrimination and harrassment [sic] on the basis of ethnicity, race and gender. This includes not just students, but a few faculty members that I worked with." (Gawker, Apr. 29; Dartlog, Apr. 26; IvyGate, Apr. 29; Above the Law, Apr. 29).