A law firm is looking at a nightmare after it filed one minute late — and lost one million dollars. The lawyers had the right to seek the fees on behalf of its client Toshiba America and does not meet the standard of excusable neglect when the lawyer was forced to wait for a “long train to pass.” Continue reading “One Minute — One Million Dollars: Law Firm Loses Claim for Legal Fees By Filing One Minute Late”
Category: Lawyering
Jose Rodriguez, the man who ordered the destruction of the CIA torture tapes, has retained D.C. lawyer Robert Bennett and has demanded that he be given a grand of immunity by Congress before he testifies. It is a move that could practically cripple any prosecution, as shown by the Oliver North case. Continue reading “Visions of Oliver North: Jose Rodriguez Demands Immunity as Condition for Congressional Immunity in CIA Torture Scandal”
As discussed in prior entries, Senator Larry Craig is arguing that his guilty plea is invalid because the underlying conduct cannot be a crime. While the odds are against him, the argument has merit. Continue reading “Craig Challenges Conviction Claiming Hand Signals are Protected Speech and Conduct was Victimless”
A federal grand jury is reportedly investigating possible criminal charges in the suicide case of 13-year-old Megan Meier. At the same time, the state is considering a new law to criminalize the conduct that led to the girl’s suicide after a mother faked the identity of a young boy on MySpace and then cruelly dumped the teenager after she became infatuated with him. The mother and neighbor, Lori Drew, has not been called, but could be a target for criminal charges. Continue reading “Grand Jury Reportedly Investigating Crimes in the Megan Meier MySpace Suicide Case”
The Supreme Court has refused to hear an appeal from the decision of the Mississippi Supreme Court to uphold the alienation of affection tort and to award a man $750,000 to be paid by his wife’s lover. Sandra Valentine (yes, Valentine) was accused by her husband of having an affair with her wealthy businessman, Jerry Fitch, and having a baby with him. After divorcing Valentine, Johnny Valentine sued Fitch and won. In its ruling, the Mississippi Supreme Court rejected calls to reject the tort of alienation of affection as antiquated. Continue reading “Supreme Court Refuses Case of Cuckolded Husband Who Won $750,000; Mississippi Supreme Court Upheld Alienation of Affection Tort”
There has been a spate of recent defamation actions by and against celebrities from Roger Clemens to Tom Cruise and now Jerry Seinfeld. Seinfeld and his wife Jessica Seinfeld have been sued by Missy Chase Lapine over comments made on the David Letterman Show about her and her allegations of plagiarism of a cookbook by Jessica Seinfeld. This one could actually make some interesting new law if it goes the distance. Continue reading “Latest Celebrity Defamation Lawsuit: Jerry Seinfeld and Wife Sued for Defamation”
The Georgia Supreme Court is considering a basic law of physics: is a man is banished from the entire state except for a small county in a distant section: how can he get there and, if he does, how can he live. This is the intriguing question presented by a lower court’s sentence that Gregory Mac Terry is banished from all but one of the state’s 159 counties. Banishment has become the rage with state judges but there remains a question of constitutionality, if not impossibility. Continue reading “Georgia Supreme Court Considers the Limits of the Laws of Banishment and Physics”
In what seems to be a trend among celebrities, Roger Clemens has joined the ranks of celebrities filing defamation lawsuits. In a Texas complaint, Clemens is suing former trainer Brian McNamee for 15 allegedly untrue statements about use of steroids and human growth hormones. On the same day his interview about alleged steroid use was broadcast on “60 Minutes,” Roger Clemens beat Brian McNamee to court, filing a defamation suit against the former trainer who claimed to have injected him with performance-enhancing drugs. Continue reading “Roger Clemens Files Defamation Lawsuit Over Allegations of Use of Performance-Enhancing Drugs”
In the latest of a series of interesting cases involving sperm donors and surrogate mothers, the Pennsylvania Supreme Court has ruled that a sperm donor is not liable for child support. The decision in favor of Joel L. McKiernan reversed lower court decisions compelling him to pay child support despite a promise from Ivonne V. Ferguson, his former girlfriend and co-worker, that she would not ask for such support. Continue reading “Pennsylvania Supreme Court Rules In Favor of Sperm Donor Against Mother Claiming Child Support — Despite Earlier Waiver”
In Oliver Twist, Mr Bumble said “If the law supposes that . . . the law is a ass.” It perhaps a lesson now understood by Judith Law who received an extra 90 days to telling South Carolina Circuit Judge Diane Goodstein to “kiss her ass” on a probation revocation order. Continue reading “Mr. Bumble’s Revenge: Judge Sentences Woman to Contempt for Telling Her to Kiss a Certain Body Part”
In a curious lawsuit, accused terrorist Jose Padilla has sued Law Professor John Yoo. Yoo is the supposedly one of the authors of several memos supporting President Bush’s enemy combatant policy and has been linked to the abuse that resulted from that policy. Yoo and Georgetown Professor Viet Dinh have been criticized for their roles in creating these abuses that include a formal torture program and the denial of basic constitutional rights. Continue reading “Accused Terrorist Jose Padilla Sues Law Professor John Yoo”
There is an interesting fight brewing over the arrest of Chris Wilson. Wilson is hardly Thomas Paine, unless Paine dabbled in porn. Wilson, 28, is the founder and manager of a controversial site, nowthatsfuckedup.com, where guys post sexually explicit shots of their wives and girlfriends. Nice. However, recently Wilson began to post explicit and disturbing pictures of the carnage from Iraq, photos reportedly sent by soldiers posted abroad. In October, Wilson’s home was raided, his computer seized, and he is now facing life in prison. Beneath the gore and porn, Wilson may have a valid first amendment case. Continue reading “Chris Wilson’s War: Publisher of Iraqi War Dead Arrested and Computer Seized: Was it Porn or Politics?”
Tom Cruise has long proclaimed his faith in Scientology. Now, however, he is reportedly preparing a lawsuit against author Andrew Morton for his book, Tom Cruise: An Unauthorized Biography, in which he details an assortment of cult-like episodes involving Cruise and states that Cruise is now the de facto second-in-command of the Church. If filed, it could prove a fascinating case since discovery would probably not appeal to the notoriously secretive Church of Scientology. Among other things, Morton would be entitled to call Scientology leader David Miscavige, who is discussed at length in the book. Continue reading “Tom Cruise Reportedly Preparing Defamation Suit Against Andrew Morton’s Book on His Scientology Practices”
With the Court set to rule on the constitutionality of lethal injection, it has taken an equally important case to review the constitutionality of capital punishment for non-homicide crimes. Patrick Kennedy, 43, was sentenced to death for the rape of his 8-year-old stepdaughter in Louisiana — one of only two death row inmates sentenced for a non-homicide crime. After decades of the Court pruning back the death penalty through exceptions, this could be a case where there is an expansion of capital punishment. Continue reading “Supreme Court Takes Up Child Rape Death Penalty Case”
The Wisconsin Supreme Court is under fire this week for issuing what is viewed as a slap on the wrist to one of its members: Supreme Court Justice Annette Ziegler. Ziegler violated fundamental conflict of interests rules by presiding over cases where she had an obvious conflict of interest. Public interest advocates noted that attorneys are routinely suspended for such violations by the courts. The case seems to follow recent cases of judges protecting their own while pursuing critics. Continue reading “The Thin Black Line: Wisconsin Supreme Court Reprimands Justice Annette Ziegler – Refusing More Serious Discipline for Violating Conflicts of Interest Rules”