Lawyer Hopes F-Word Means 'Forgiven,' Asks Court to Lift Sanctions  (2008-05-07) CIVIL PROCEDURE WEIRD LEGAL NEWS Legal Intelligencer The lawyer who was hit with sanctions for failing to rein in a foul-mouthed client is asking a judge for permission to drop the client and begging for the sanctions to be lifted. Client Aaron Wider's alleged misconduct included dropping 73 "F-bombs" during his deposition -- prompting a federal judge to impose sanctions of more than $29,000 on attorney Joseph R. Ziccardi. The case created a sensation in the blogosphere as a slew of commentators linked to the decision as an example of a litigant gone wild. more...

Having Sex With Your Entree? Not So Fast, Says Court  (2008-05-06) WEIRD LEGAL NEWS Legal Intelligencer A divided Commonwealth Court of Pennsylvania has ruled that a Philadelphia restaurant violated its permit by providing an area on the premises where patrons could openly have sex with each other. In part, the panel majority turned a cold shoulder to the club owners' citing of a case in which off-track betting had been found under a state code to be an accessory use to a restaurant. Said one judge: "Currently, we are aware of no such legislation associating semi-public sexual activity with haute cuisine." more...

Online Pretrial Publicity Draws Fire  (2008-05-06) LEGAL MARKETING LEGAL TECHNOLOGY National Law Journal Lawyers using the Web for pretrial publicity is a growing concern -- many fear that online rantings, blogs and press releases by attorneys are potentially tainting the jury pool. Web sites that give biased, blow-by-blow accounts of pending litigation could spell trouble for your firm. more...

11th Circuit OKs Suit Based on Sexual Language in Office  (2008-05-05) LABOR & EMPLOYMENT LAW Fulton County Daily Report In a rare win for a plaintiff alleging employment discrimination, the 11th Circuit has held that a woman can bring a harassment claim for language not referring specifically to her. The plaintiff contends that she was subjected to sexually offensive language -- words like "bitch" and "whore" -- on a daily basis in her job at C.H. Robinson Worldwide. One expert said the decision is important partly because it indicates that the pervasiveness of harassment, as opposed to the severity, can carry a claim. more...

Allergic Mother Loses Attempt to Prohibit Kids' Contact With Cat  (2008-04-30) FAMILY LAW WEIRD LEGAL NEWS New York Law Journal A woman who claimed that she is allergic to her estranged husband's cat cannot prevent their two children from visiting their father's home, a New York judge has ruled. The judge analyzed the issue in terms of harmful activities in the presence of children restricted by courts, such as smoking, but found that the cat's presence offered no legal or factual basis for similar restrictions. more...

Supreme Court upholds photo ID law for voters in Indiana  (2008-04-28) CONSTITUTIONAL LAW ELECTION/POLITICAL LAW Associated Press The Supreme Court ruled Monday that states can require voters to produce photo identification without violating their constitutional rights, validating Republican-inspired voter ID laws. In a splintered 6-3 ruling, the court upheld Indiana's strict photo ID requirement, which Democrats and civil rights groups said would deter poor, older and minority voters from casting ballots. Its backers said it was needed to prevent fraud. more...

Texas High Court Finds Federal Pre-emption Trumps State Tort Claim  (2008-04-28) INJURY & TORT LAW PRODUCTS LIABILITY LAW Texas Lawyer In a decision that could impact other kinds of cases involving a federal regulatory scheme, the Texas Supreme Court held that the U.S. Consumer Product Safety Act pre-empts a tort claim brought against a cigarette lighter manufacturer. The court's 8-0 decision in BIC Pen Corp. v. Carter leaves in limbo a more than $3.7 million judgment favoring the mother of a 6-year-old girl burned when another child accidentally set fire to her dress while playing with a BIC lighter. more...

Federal Judge Rejects Easy Options Deals  (2008-04-25) SECURITIES LAW Recorder Northern District of California Judge William Alsup rejected a preliminary settlement in a derivative lawsuit against directors and officers at Zoran Corp. on April 7, alerting lawyers that the company's shareholders deserved more than the cashless promises to behave that the opposing sides had agreed on. On the same day, he also discouraged attorneys from settling a similar case involving CNET. Observers said Alsup's stance might signal that deals in which only the lawyers get paid won't pass muster. more...

N.J. Court Rules Lawyers Must Report Colleagues' Known Misdeeds  (2008-04-25) ETHICS New Jersey Law Journal A lawyer has a duty to blow the whistle on another lawyer's wrongdoing of which he has knowledge, even if the victim is not a client, a New Jersey appeals court ruled on Wednesday. But the panel stopped short of deciding whether something less than actual knowledge can trigger a duty to report misconduct to ethics authorities. The ruling allows a claim to go forward against a lawyer who is alleged to have known that another lawyer stole money from estates for which he served as the executor/administrator. more...

N.Y. Firm Pre-emptively Sues Secretary Who Threatened Rape Suit Against Partner  (2008-04-25) LABOR & EMPLOYMENT LAW New York Law Journal A New York law firm has filed a pre-emptive suit against a secretary who it claims is demanding $9 million to drop what it says are false rape and sexual harassment charges against a partner. Pre-emptive suits in such cases are relatively rare and frequently controversial, but the tactic is a familiar one for the lawyer representing Bivona & Cohen. Ronald M. Green of Epstein, Becker & Green was the lawyer for Fox News' Bill O'Reilly, who pre-emptively sued a woman he said was preparing an "extortion" suit. more...

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