Category: Lawyering

Courts, Lawyering, Torts

Eighth Circuit Throws Out Judgment For Ventura In Chris Kyle Defamation Case

Chris_Kyle_January_2012The United States Court of Appeals for the Eighth Circuit handed down a major tort ruling in throwing out the $1.8 million judgment awarded to former Minnesota Gov. Jesse Ventura. Ventura alleged that he was defamed in the late author Chris Kyle’s bestselling book “American Sniper.” The court cited various errors at trial, including a faulty instruction on the actual malice standard for defamation and the misuse of unjust enrichment as a basis for the damages. The trial showed clear and frankly surprising errors by both Ventura’s counsel and the trial judge.

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Bizarre, Lawyering, Society

ThankYou For Suing: Citigroup Claims Ownership of the Use of “ThankYou”

150px-Citi.svgAT&T-logo_2016We have had a running discussion of how copyright and trademark laws have continued to grow to encompass common terms and images. The latest insanity comes from Banking giant Citigroup, which is suing AT&T for its use of “Thank You” in ads to its customers. That’s right, Citigroup claims to own the trademark on “THANKYOU.” So now even the most common expression of civility is claimed as “unlawful conduct” amounting to wanton trademark infringement.
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Bizarre, Courts, Lawyering, Society

New Trial Ordered in Louisiana Due To Judge’s “Bizarre and Disturbing” Conduct

louisiana-supreme-court-sealjpg-344e769e379bb17a_mediumThe Louisiana Supreme Court has issued an interesting ruling for a new trial for two medical malpractice plaintiffs due to the conduct of Judge Timothy Ellender — conduct described as “bizarre and disturbing.” This is not the first such finding of improper conduct by Ellender, though there was a dissent based on the evidence cited for this conduct in the medical malpractice trial.

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Bizarre, International, Lawyering

Australian Lawyer Who Fought Safety Rollbars On Off-Road Vehicles Dies In Rollover Of Off-Road Vehicle

A prominent lawyer Melbourne barrister, Ross Ray QC, was killed recently in an accident that was both ironic and tragic in its facts. Ray was the lead litigator fighting a requirement of safety rollbars on “quad bike” or off-road vehicles. He was killed on his farm in Mansfield when his quad bike rolled over and pinned him due to the lack of a rollbar.

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Bizarre, Courts, Lawyering, Media, Society

Federal Judge Finds Justice Department Lawyers Knowingly Lied And Orders Team To Take Ethics Classes

US-DeptOfJustice-Seal_svgJudge_Andrew_S._HanenUnited States District Judge Andrew Hanen issued a remarkable opinion yesterday that found that Justice Department lawyers not only lied to him and opposing counsel but “it is hard to imagine a more serious, more calculated plan of unethical conduct.” What is even more remarkable however is that, after finding such calculated and unethical conduct, Hanen ordered the lawyers to simply take ethics classes rather than refer them to the bar for suspension or disbarment. Many attorneys object that government lawyers routinely escape serious punishment for false or misleading statements. In this case, the judge found that the Justice Department misled him and opposing counsel in a case by Texas and 25 other states that sought to block President Barack Obama’s controversial immigration programs. Hansen blocked the program. Notably, the Justice Department is even opposing ethical classes as a sanction.

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Academia, Bizarre, Lawyering, Media

University of Wisconsin Law Graduate Wins Admission To Bar After Misrepresenting Grades And Credentials

Seal_of_the_Supreme_Court_of_Wisconsin.svgIt is not every recent law grad who can claim that he appeared before the state supreme court soon after graduation. Unfortunately, this is one appearance that University of Wisconsin law graduate Joshua Jarrett is unlikely to add to his resume. In a close vote, the Wisconsin Supreme Court ruled 4-3 that Jarrett could be admitted to the bar so long as he is supervised for two years. Bar officials sought to block Jarrett after concluding that he had misrepresented his grades and credentials in a job application.

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Bizarre, Courts, Criminal law, Lawyering

Arkansas Judge Resigns After Allegations That He Forced Male Defendants To Come To His House and Photographed Them

11xp-arkansas-master768Arkansas judge O. Joseph Boeckmann Jr. has resigned in a truly bizarre scandal where he was accused of ordering male defendants to be spanked, engage in sex acts and bend over for thousands of photographs to fulfill their “community service.” What is interesting is that he was under investigation by the State Judicial Discipline and Disability Commission, which began an inquiry in 2014 over a possible conflict of interest in an unrelated case on elder care. When they started to investigate, they were shocked by accounts of these other parties. He has not however faced criminal charges, which is curious given his alleged abuse of office.

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Bizarre, Courts, Criminal law, International, Lawyering, Society

Disgorging The Record: Russian Lawyer Caught Eating Evidence In Judge’s Chambers

338B3DF000000578-3559294-image-a-1_1461668927275Lawyers often try to take a bite out of the evidence but one Russian lawyer takes that expression to a literal degree. This Russian lawyer was caught on CCTV actually eating the report showing the level of alcohol in his client’s system at the time of an automobile accident. The video is below.

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Bizarre, Lawyering

Missouri Lawyer Suspended After Using Confidential Information Obtained By Husband Who Guessed Estranged Wife’s Password

Seal_of_Missouri.svggavel2There is an interesting decision out of the Missouri Supreme Court where lawyer Joel Eisenstein has been suspended with leave to file for reinstatement in six months. Eisenstein used information obtained by his divorce client by guessing his wife’s email password, including confidential information given by his wife’s lawyer. It is equally incredible to see how Eisenstein was found out.

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Constitutional Law, Criminal law, Lawyering, Media

Clinton Under Attack For Serving As Counsel In Rape Case In 1975

Hillary_Clinton_Testimony_to_House_Select_Committee_on_BenghaziThere is an interesting story that has been raging on conservative sites on the Internet but suddenly popped up on national television in a CNN interview. Conservatives are criticizing CNN host Carol Costello for abruptly ending a segment on Tuesday after a guest raised Hillary Clinton’s 1975 legal defense of an accused child rapist. I recently condemned an attack ad against Judge Jane Kelly (a widely respected former public defender) for representing a criminal defendant. The attack on Clinton is equally low grade and unfair.

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Bizarre, Courts, Lawyering, Society

Texas Judge Sanctioned After Keeping His Own Divorce On His Docket

gavel2383rd District Judge Mike Herrera apparently sees nothing wrong in his action that led to a sanctioning by the Texas Commission on Judicial Conduct. Herrera kept his own divorce case on his docket for months but insists that it “made no difference” that the case was before him even though he was one of the litigants. In reality, there may have not been any action taken but Herrera’s utter failure to see the conflict (and appearance) issues is rather shocking. The case itself shows a real mess in representation and conflicting accounts.

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Bizarre, Courts, Criminal law, Lawyering, Society

Chief Judge In Washington Resigns After Woman Alleges Sexual Assault From His Time As A Prosecutor

Richard_W._RobertsThe D.C. legal community was rocked today with news that Chief Judge Richard W. Roberts has resigned after being accused of a sexual assault when he served as a prosecutor in a high-profile case 35 years ago. The alleged victim was a teenage witness who has not sued Roberts.

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Congress, Constitutional Law, Courts, Criminal law, Environment, Lawyering, Media, Politics, Society

PRESIDENT OBAMA NOMINATES MERRICK GARLAND

Merrick_GarlandPresident Barack Obama today surprised many by nominating the moderate Chief Judge of the United States Court of Appeals for the District of Columbia Merrick Garland. Garland is unlikely to thrill liberals. He is fairly conservative on criminal cases and tends to favor government interests. Conservatives are not going to like his vote to move to reconsider the case that became the historic Heller decision that recognized the individual right to bear arms under the Second Amendment. However, Garland moves virtually everything off the table for the Republicans. While a moderate, he is as far right as a Democratic president could go.

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Bizarre, Criminal law, Lawyering

Top Michigan Prosecutor Arrested On Prostitution Charges

19945930-smallThere is a story out of Lansing Michigan where a well-known prosecutor, Stuart Dunnings III, has been arrested on prostitution-related charges. Dunnings once prosecuted such sex crimes but has been accused of potentially hundreds of prostitution-related incidents, including soliciting for one woman to become a prostitute. His brother was also charged.

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