Category: Lawyering

Footnote Filibuster? Obama Re-Nominates Johnsen for OLC

President Obama has renominated Indiana Law Professor Dawn Johnsen to head the Justice Department’s Office of Legal Counsel. She is opposed by Republicans over her views on subjects like abortion. Much of the criticism over Johnson focuses on a single footnote in a brief — a further example of how the confirmation process works to winnow out anyone how has ever uttered an interesting or provocative thought.
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Plaintiffs Fight Effort to Limit Reforms in World Bank Protest Trial

Last night, the Plaintiffs in the World Bank/IMF protest case filed our opposition to the summary judgment motion filed by the District in the World Bank/IMF protest case. The District is trying to use a proposed settlement in another case to bar us from seeking more comprehensive reforms (or equitable relief) at the trial in September. As lead co-counsel in the Chang case (with my colleague Daniel Schwartz of Bryan Cave), I am limited in what I can say on the case. However, to reduce calls to my office, I am posting the filings below.
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Lawyer Accuses Federal Judge of Catholic Bias and Misconduct; Judge Hits Lawyer With $110,000 Sanctions

There is an interesting sanction imposed by U.S. District Judge William Zloch against Florida lawyer Loring Spolter for filings accusing him of having religious bias and engaging in potentially criminal conduct. Spolter was hit with $110,000 in sanctions for his filings over the course of 42 months to try to get Zloch to step down from employment cases due to his religious beliefs and those of his clerks. While Spolter accuses Zloch of a Catholic bias, Zloch dismisses his filings as “[c]onjecture and fantasy of this sort are usually scrawled on loose leaf and filed by inmates.”
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Plaintiffs in World Bank Protest Case File for Forensic Expert

This week, the Plaintiffs in the World Bank/IMF protest case filed a notice with the Court on the appointment of a forensic expert to investigate the destruction of evidence in the case. As lead counsel in one of the two cases (with my colleague Daniel Schwartz of Bryan Cave), I am limited in what I can say on the case. However, to reduce calls to my office, I am posting the filings below.
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Fur Flies Over Advert: PETA Runs AD With Picture of First Lady Without Permission

PETA’s new ad featuring Carrie Underwood, Tyra Banks, Oprah Winfrey and the First Lady bills them as “among the most stylish and influential women in America” who “all refuse to wear real fur.” The First Lady also refuses to make such endorsements. The ad raises questions over the use of celebrity images without consent and possible appropriation of name or likeness in torts.

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Tennessee Judge Reprimanded and Sued For Policy of Forced Drug Tests Based on Courtroom “Hunches”

Tennessee General Sessions Judge Durwood Moore has a curious view of the fourth amendment and the doctrine of judicial notice. Moore is the subject of a judicial ethics complaint and lawsuit after he had an observer in his courtroom arrested and forced to do a urinalysis. Moore insisted that this is simply his routine practice when he has “a hunch.”

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VOTE NOW: HOURS TO GO TO THE CLOSING OF THE ABA POLLS!

The final day is here in the galactic struggle for blog dominance. This afternoon, voting will end and, while the vote count has now been hidden by the ABA, we cannot give up our righteous battle.
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Justice Delayed and Denied: Police Chief Receives Only 6 Months and $20 for Assault of 14-Year-Old Girl

There is a horrible case out of India where a former senior police officer has been able to openly flaunt and manipulate the legal system after molesting a 14-year-old girl. SPS Rathore allegedly used his authority to harass the family of Ruchika Girhotra and obstruct the investigation into the assault of the promising tennis player. Now, the outrage has grown after Rathore was given a mere six months sentence and told to pay 1,000 rupees ($20). Ruckika was not in the court room when Rathore reportedly laughed at the sentence. She committed suicide after years of harassment by the police.

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Harlem Hospital Sued After Misdiagnosing Woman With Advanced AIDS, Hepatitis, and Herpes

The Harlem Hospital is facing a horrific lawsuit where its staff allegedly misdiagnosed Maria Osorio, 54, as having advanced AIDS as well as hepatitis and herpes. It ruined her marriage and her life until the hospital called to say “opps, you’re perfectly healthy.” She says the hospital never even apologized, but there is still some room for regret. She is suing under negligence and emotional distress. By the way, you will love the explanation of the staff for the later diagnosis of perfect health.

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Lawyers Rise Up Against Arpaio and Thomas to Fight For the Rule of Law in Arizona

While many of us have been following the de-evolution of the Arizona law system in Maricopa County recently (here), lawyers are taking to the street to protest against the assault on the rule of law by Maricopa County Attorney Andrew Thomas and Sheriff Joe Arpaio. Hundreds of lawyers took to the street to call for an end of the embarrassing reign of Thomas who has made his office an international mockery. Thomas has joined Arpaio in charging the judge who stood up to the sheriff with three felony counts — bribery, obstructing a criminal investigation, and hindering prosecution.
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Maricopa County Sheriff Joe Arpaio and Country Attorney Thomas Charge Judge Who Sent Deputy to Jail

We have been following the latest controversy of Maricopa County Sheriff Joe Arpaio in his support of a deputy who committed an outrageous act in rifling through the papers of a criminal defense attorney and then removing and copying notes about her client (here). Many questioned the actions of County Attorney Andrew Thomas who has supported Arpaio rather than the rule of law in the matter. Now, Thomas has joined Arpaio in charging the judge who stood up to the sheriff with three felony counts — bribery, obstructing a criminal investigation, and hindering prosecution.
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FLOG THE BLOG: Vote Now or the Orcs Will Inhabit the Blog

It has come to this. We are facing a 50 vote deficit with ten days left in the battle for the blogoshere. It is time to pull out the video that most captures the moment (as supplied by Mespo). You are not the first to face an overwhelming army with many assuming certain defeat.
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