Class Action Stats

CAFA, the Class Action Fairness Act, took effect Feb. 18, 2005. What's it done? Has it shifted class actions from state to federal courts, as it proponents hoped? Tom Willging (Senior Researcher, Federal Judicial Center) comments on the FJC's first study: More on FJC’s CAFA Data and the “September Surprise”, Consumer Law & Policy blog, Oct. 24, 2006.

He also cites a study that examined whether it made much difference to be in federal or state court: Thomas E. Willging & Shannon R. Wheatman, Attorney Choice of Forum in Class Action Litigation: What Difference Does It Make?, 81 Notre Dame Law Review 591 (2006).

Filed in: class-actions, empirical-studies, Class-Action-Fairness-Act, legislation, Willging, Wheatman, Federal-Judicial-Center, Consumer-Law-&-Policy

7th Cir. Class Action Case

The Seventh Circuit recently rejected a class action settlement on fairness grounds. Scott Nelson at the Consumer Law & Policy Blog comments: CL&P Blog: Seventh Circuit Takes Hard Look at "Coupon" Settlements, Citing CAFA, Oct. 25, 2006.

Filed in: class-actions, Class-Action-Fairness-Act, settlements, Nelson, Consumer-Law-&-Policy

ADR and the Tuna Court

Richard Alderman at the Consumer Law & Policy Blog muses about possible alternative dispute resolution mechanisms for consumer disputes. CL&P Blog: Real ADR, Oct. 26. He is intrigued by a law review article about Tokyo's special court for disputes between tuna merchants: Eric Feldman, The Tuna Court: Law and Norms in the World's Premier Fish Market, 94 Cal. L. Rev. 313 (2006).

Filed in: alternative-dispute-resolution, ADR, Alderman, Consumer-Law-&-Policy, Feldman, Tuna-Court, Japan

UofO DV Clinic Grant

The Lane County Domestic Violence Clinic in Eugene, OR, has received a $250,000 grant from the Dept of Justice's Legal Assistance to Victims Program. The grant will fund about half the clinic's operations through 2008. The clinic is a joint project of the University of Oregon School of Law, the Lane County Legal Aid and Advocacy Center, WomenSpace and Sexual Assault Support Services. Press release: UONews 10.02.06 Domestic Violence Clinic grant UO Law School.

Thanks: Brennan Center Elerts.

Filed in: clinics, domestic-violence, U-of-Oregon, Justice-Department, Brennan-Center

Funds for Clients Burned by Lawyers

"In fiscal year 2006, the Lawyers' Fund for Client Protection (Fund) of the Washington State Bar Association (WSBA) made gifts totaling nearly $468,700 to 65 applicants who were the victims of either dishonest conduct or failure to account for client funds by 26 lawyers." Press release, Oct. 13, 2006.

This year, individual gifts from the Fund ranged from a few hundred dollars to $75,000. The majority of these applications concerned unearned fees paid to lawyers who abandoned their practice, or who failed to perform the services for which they were employed, and who failed to refund advanced fees and costs. A smaller number of the applications involved outright theft or conversion of client funds for the lawyer's own purposes. Areas of practice involved included family law (dissolutions, child support, and paternity actions), probate and trusts, personal injury, criminal law, and others.

The Fund is financed by members of the bar; it does not use any tax dollars.Id. Each active lawyer pays $13/year; the Fund also received interest income and collects some money from lawyers as restitution.

More information is in the Lawyers' Fund for Client Protection's (Sept. 2006).Annual Report. A table (p. 2) shows, for each year since 1988, how many applications were received by the Fund, how many were approved, how many lawyers were approved (i.e., found to have behaved so badly that their clients were entitled to funds), and the amount paid. We can also contrast the number of applications with the number of active bar members. So, while it's dismaying that there was need to pay out $468,695 last year at all, I'm impressed that there were only 139 applications for funds when WSBA has over 26,000 active members. The successful claims involved 26 lawyers -- a tidy .1%

The annual report describes two programs designed to prevent loss in the first place: random audits of lawyers' trust accounts and a requirement that banks report to WSBA any overdrafts on trust accounts. Pages 8-36 of the annual report give summaries of the successful applications -- short, cautionary tales about how not to run your practice.

Oct. 30 postscript: By the way, one of the lawyers whose former clients the fund paid was William Joice, who was convicted in December of shooting Kevin Jung, a rival attorney. See posts: conviction, sentencting, another note on sentencing, and Jung's death.

Filed in: WSBA, Lawyers'-Fund-for-Client-Protection, ethics, practice-of-law, Joice, Jung

Public Citizen Report on Doctor Disciplinary Info on State Med. Bd. Sites

Each state has its own medical board that monitors and disciplines doctors. How well do they share their information with the public? Performance is very uneven nationally, and nowhere is it as good as Public Citizen would like it to be. See Public Citizen's press release: New Jersey Ranks First, North Dakota Ranks Last for Doctor Disciplinary Information on State Medical Board Web Sites, Oct. 17, 2006. The full report is: 2006 Report of Doctor Disciplinary Information on State Web Sites: A Survey and Ranking of State Medical and Osteopathic Board Web Sites(HRG Publication#1791) (Oct. 17, 2006). It's here in PDF.

A web form lets you look at your state's scores. Washington's two boards -- the State Medical Quality Assurance Commission and the State Board of Osteopathic Medicine and Surgery -- were tied for 42nd out of 65 boards reviewed.

Thanks: beSpacific.

Filed in: doctors, medical-boards, Public-Citizen, beSpacific

Continuing Effects of Criminal Records

Even when a criminal record is sealed or expunged, it can still have an effect on the individual. How? The court could have sold records to database providers who never updated them to reflect the sealing or expungement. A recent article in the New York Times (Criminal Records Erased by Courts Live to Tell Tales, Oct. 17, 2006, at A1) explains how people's lives can be dramatically affected for decades, making it difficult or impossible for them to get jobs, housing, or credit.

We're not talking about the proverbial ax-murderer you don't want next door. An example in the article is a man, now in his 30s, who was convicted of disorderly conduct more than a decade ago. In New York, that offense is treated like a traffic infraction, so he didn't report it on a job application. A database provider told the employer he'd been convicted of a misdemeanor and he was denied the job. He is now suing.

The issue is discussed in a couple of interesting blog posts:

• Thought That Record Was Sealed? Not Quite, PrawfsBlawg, Oct. 17, 2006.
• Michael Pinard, The Expungement Mess, Oct. 25, 2006. Also recommended: Pinard's other posts about the collateral consequences of convictions.

Filed in: criminal-law, expungement, sealed-records, Pinard, PrawfsBlawg, Blackprof.com

DNA Tests for Family Immigrants

The Washington Post reports that DNA tests are increasingly being used in immigration cases. Sometimes they are helpful for people who want to sponsor relatives but cannot produce paperwork to show the family relationship. At other times, though, they have been required by the U.S. even when the prospective immigrants' birth certificates and other documents are in order, showing a close relationship to the U.S. citizen or permanent resident who wants to sponsor them. In those cases, the tests add to the cost and time necessary for the visa application. DNA Testing A Mixed Bag For Immigrants, Wash. Post, Oct. 25, 2006, at A1.

Filed in: DNA, immigration

Judge Sanctions Lawyer for Dramatic "Lord..."

After clashing with him several times, a North Carolina judge sentenced a defense attorney to 2 days in jail, 70 hours of community service, and temporary loss of his license to practice and ordered him to submit to a psychological examination. N.C. Lawyer Ordered to Take Psych Exam After Courtroom UtteranceAP, Law.com, Oct. 23, 2006.

The outburst reported in the AP story: After the judge stopped the attorney's questioning, the attorney "said 'Lord,' reared back in his chair with outstretched arms, cast his eyes upward and turned to the audience.'" The attorney, who is also a minister, "said the remark was the beginning of a prayer. He apologized to [the judge] and said he did not intend to be disrespectful or for his remark to be heard by others."

A little more about the incident is in Man gets 75 days for assaulting officer; His attorney also faces hearing for possible contempt during trial, Winston-Salem J., Oct. 11, 2006.

Filed in: sanctions, judges, contempt

Karate Student Assumed Risk

A New York woman whose nose was broken by a classmate's punch to her face during a sparring match sued her karate school, the teacher, and the classmate. The trial judge dismissed the case against the school and the teacher, saying that she had assumed the risk -- rejecting her argument that since striking the face is not allowed in sparring, she had not assumed that risk. The judge said that there was still an issue of fact as to the classmate who hit her did so intentionally. Claims Against Karate School Over Broken Nose Dismissed, N.Y.L.J., Oct. 25, 2006, Law.com.

Filed in: torts, sports, assumption-of-risk, karate

SCOTUSblog Podcasts

SCOTUSblog, hosted by DC’s Akin Gump Straus Hauer & Feld, covers the Supreme Court – cases granted and denied cert, oral arguments, decisions, commentary, and more.

Recently, SCOTUSblog has added podcasts. So far, there have been two interviews with journalists who cover the Court -- Linda Greenhouse and Nina Totenberg. Three podcasts are practice pointers by experienced attorneys -– on writing and responding to cert. petitions.

Filed in: SCOTUSblog, cool-websites, podcasts, Greenhouse, Totenberg

Blogging a Cape Cod Murder Trial

A murder trial in Cape Cod has captured a lot of public attention. The victim (Christa Worthington) was a fashion writer (Vogue, Elle, et al.) who had a child fathered by a local married man; the accused (Christopher McCowen) was her garbage collector. Court TV has extensive coverage. And for day-by-day accounts, you can visit the Christopher McCowen Murder Trial Blog hosted by the Cape Cod Times and written by reporter Eric Williams. Here you can find details about examination, cross-examination, and so on. You can also get glimpses of Mr. Williams’s life as a journalist:

I have been working out of my car for ten days now.

It is filled with banana peels, cigar butts and coffee cups.

I have also exhausted my supply of dark socks for court.

This morning around 6:30, I ripped through the heel of my last clean pair, necessitating a hands and knees search in the dark, which eventually produced hosiery of questionable vintage.

Post from 9:10 this morning. What would the international fashion writer have said about that?

Thanks: Legal Blog Watch.

Graphic by mw.

Filed in: murder, Worthington, McCowen, Court-TV, blogs, Williams, Legal-Blog-Watch

News Items from Jurist

Jurist is a great site that, among other things, summarizes legal news items on a wide variety of topics from around the world. News items are written by law student staffers at the University of Pittsburgh. They include links to newspapers, wire services, agency websites, pleadings, press releases, and other materials related to the stories.

Here are a dozen interesting items from the last couple of weeks. I could use any one of them as the start of a post here, but instead I'll just list the headlines and let you click for more.

• US citizen 'exiled' to Canada under sexual assault plea bargain, Jurist Paper Chase, Oct. 23, 2006.
• Federal judge hears arguments on Hinckley overnight visits, Jurist Paper Chase, Oct. 23, 2006.
• California prisoner transfers to private out-of-state facilities to begin in November, Jurist Paper Chase, Oct. 22, 2006.
• Gonzales insists terror suspects face fair trials under Military Commissions Act, Oct. 19, 2006.
• Music industry sues 8,000 worldwide for illegal file-sharing, Jurist Paper Chase, Oct. 17, 2006.
• Civil rights lawyer Lynne Stewart gets 28-month sentence for helping terror client, Jurist Paper Chase, Oct. 16, 2006.
• Scalia defends constitutional approach in debate with ACLU president, Jurist Paper Chase, Oct. 16, 2006.
• Florida court refuses to block violent video game release, Jurist Paper Chase, Oct. 14, 2006.
• Five US states allow attack dogs in prisons: HRW report, Jurist Paper Chase, Oct. 12, 2006.
• Federal judge rules Kentucky judges can solicit campaign funds, Jurist Paper Chase, Oct. 12, 2006.
• Supreme Court asked to hold California sentencing rules unconstitutional, Jurist Paper Chase, Oct. 11, 2006.
• Supreme Court hears indictment harmless error case, Jurist Paper Chase, Oct. 10, 2006.
  

Filed in: Jurist, cool-website, immigration, plea-bargains, Hinckley, prisoners, military-commissions, music, Stewart, terrorism, Scalia, ACLU, Strossen, judges, sentencing, harmless-error, indictments, SupremeCourt

Schierman Time Extended

Judge Gregory Canova granted an extension to Conner Schierman, the man accused of killing two women and two children and burning their house to hide his crimes. His attorneys now have until Jan. 19 to compile information to persuade Prosecuting Attorney Norm Maleng not to seek the death penalty.

Senior Deputy Prosecuting Attorney Scott O'Toole argued against the extension, saying he worried about "limitless delay" in getting the case to trial.

Judge Gregory Canova, however, said the time frame is reasonable given the complexity of the case.

Schierman's lawyers have new deadline, Seattle Times, Oct. 21, 2006.

UW note: O'Toole is a Trial Ad instructor.

Filed in: Schierman, death-penalty, Canova, O'Toole, UW

Jury Duty: Why Such a Drag?

Carolyn Elefant discusses a recent Christian Science Monitor reporting on on the state of jury service. Many jurisdictions have very high no-show rates -- 20% nationally and up to 90% in Miami. What can be done? Shorter service requirments (one-day trials), pleasanter jury assembly rooms, ...? Elefant remarks that when she handled court-appointed criminal work in DC, she "was always surprised" by "the aversion that other lawyers had to serving on a jury." Why wouldn't a lawyer want to serve? "I can't think of better CLE than that." Making Jury Duty More Appealing, Legal Blog Watch, Oct. 18, 2006.

Filed in: juries, Elefant

The Tortellini -- New Blog

The Tortellini is a new blog about tort reform by Stephanie Mencimer, who writes:

This new blog on law and politics is a companion to my forthcoming book, Blocking the Courthouse Door: How the Republican Party and its Corporate Allies are Taking Away Your Right to Sue.

“Tort reform” has become a staple of Republican politics. Limits on lawsuits are offered as a solution to everything from the health care crisis and economic stagnation to America's moral decline. Americans overwhelmingly believe that the nation is awash in frivolous lawsuits.

And that's just where The Tortellini comes in. Because most of what you’ve heard about “lawsuit abuse” is wrong. The majority sentiment on legal reform comes courtesy of a long disinformation campaign by the U.S. Chamber of Commerce and other big business sponsors like the tobacco, insurance and automobile industries. These folks have managed to convince voters from to Hawaii to Maine that plaintiffs in civil actions are whiners, hustlers, and layabouts, and that their attempts to win the “lawsuit lottery” have created a “litigation explosion.”

The truth, as The Tortellini will attest, is more complex. The number of personal injury filings are falling, not rising, according to sober government data, median awards are falling, and plaintiffs are taking it on the chin, in everything from medical malpractice to products liabilty lawsuits.

With daily posts, original reporting, useful stats, and other features, The Tortellini will give you the skinny on the latest in the fight for the courthouse: from legislative proposals and court decisions, to the clever tactics companies are employing to minimize legal exposure. Not to mention gossip!

The Tortellini: Welcome to the Tortellini, Oct. 17, 2006.

Photo from Italian Government Tourist Board - North America.

Filed in: Tortellini, blogs, tort-reform, books, Mencimer

Plain Language Forms Make a Difference

A recent study concludes that plain language court forms make a big difference in how well laypeople can understand and use them. See my post on shlep: the Self-Help Law ExPress Plain Language Forms Make a Difference.

Filed in: plain-language, forms, access-to-justice, shlep, empirical-studies

Empirical Studies of Legal Profession

The editors of the North Carolina Law Review put together a fascinating symposium: Empirical Studies of the Legal Profession: What Do We Know About Lawyers' Lives?, vol. 84, no. 5, June 2006. All of the papers -- by lawyers, sociologists, economists, and others -- are available in PDF. My eye was caught by:

• Laura Beth Nielsen and Catherine R. Albiston, The Organization of Public Interest Practice: 1975-2004, 84 N.C. L. Rev. 1591-1621 (2006). Themes: bigger organizations, less emphasis on litigation, greater variety in the privately-funded public interest organizations.
• Richard L. Abel, Practicing Immigration Law in Filene's Basement, 84 N.C. L. Rev. 1449-1500 (2006) "The most common client complaint [in disciplinary cases] is neglect. Through a case study of the representation of Chinese immigrants before the Immigration Court in New York, I seek to explain how and why the neglect occurred and what we might do to prevent it."
• George P. Baker and Rachel Parkin, The Changing Structure of the Legal Services Industry and the Careers of Lawyers, 84 N.C. L. Rev. 1635-1682 (2006). The abstract summarizes:

  We find evidence consistent with a shift toward a commodity relationship and an increased reliance on business-getting. Specifically, we find some evidence of a disappearance of the midsized firm and strong evidence of a rise in the largest firms and multi-office firms. We find that leverage is increasing, though mostly in the smaller and midsized firms. We find that promotion clocks are increasingly longer and that firms are lessening their use of “up-or-out” promotion policies.

Filed in: empirical-studies, practice-of-law, Nielson, Albiston, Abel, Baker, Parkin, public-interest, immigration

Rock 'n' Roll Judges

Maybe you don't have to be a weatherman to know which way the wind is blowing, but when a judge quotes Bob Dylan, it's a good guess the judge is a Baby Boomer. A law professor has done a study of popular-music references in judicial opinions and law review articles and finds Dylan is the most often cited, followed by the Beatles, Bruce Springsteen, and Paul Simon. Alex B. Long, [Insert Song Lyrics Here]: The Uses and Misuses of Popular Music Lyrics in Legal Writing, 2006 ExpressO Preprint Series Paper 1609.

This evening's edition of "On the Media" had an interview with Prof. Long, accompanying his quotations from judicial opinions with the original tunes by the Clash, the Beatles, Pink Floyd, and, of course, Dylan. You can listen or download the show.

Filed in: Long, judges, music, lyrics, empirical-studies

Reasons to Seal Court Files

Why should courts ever seal files? Doesn't the public have a right to know? In response to the Seattle Times's series, "Your Courts, Their Secrets," Judge Michael J. Trickey last spring wrote an explanation of reasons that files are sealed and explained the court's process. Judge Trickey is the Presiding Judge of the King County Superior Court. Sealing files: not a simple call, March 24, 2006.

Filed in: sealed-records, Trickey