4/15/2009
Ted Nugent Playing the National Anthem In Front of the Alamo
Ted Nugent performed the Star Spangled Banner in front of the Alamo for the San Antonio Tea Party today.
It's amazing guitar ... reminded me of when I first heard Peter Frampton, but Ted Nugent's not using any gizmo here. He's just playing.
4/10/2009
US Supreme Court's April 1st Dismissal in Philip Morris v Williams Is No Joke
There's been a lot of discussion and commentary on the US Supreme Court's knee jerk dismissal of the Oregon case involving tobacco giant Philip Morris and the huge punitive damage award granted to plaintiff Mayola Williams, which had already been approved by Oregon's high court.
In case you haven't heard, Mayola Williams filed and won a wrongful death suit based upon the untimely demise of her cigarette-smoking husband, Jesse Williams, due to lung cancer. Actual damages totalled around $800,000 and the punitives were assessed at $79.5 million -- at the juncture, what with interest, the widow Williams is looking at receiving over $175,000,000.00.
Of course, the defense bar had its fingers crossed that the US Supreme Court would take this opportunity to cap punitive damages. What they got, on April 1st, was a one sentence opinion from the highest court in the land, that it had "improvidently granted" writ in the case and had now changed its mind. Wo Nellie.
Which leaves the Oregon Supreme Court's decision intact, the Widow Williams ready to receive her final award, and the plaintiff's bar a very happy group of folk today.
Because despite all the defense talk that this case is limited to its four corners, it isn't. And, that argument that what happens in Oregon stays in Oregon won't fly either.
We all already know that other big damage cases in other states are going to use this case as a strong argument that the US Supreme Court has sent the message: in the right case, big punitives are totally acceptable.
And, you know what: I think they're right to do this. Punitive damages serve a purpose, and I think we can all agree in today's climate that money is the only language that some corporations understand.
In case you haven't heard, Mayola Williams filed and won a wrongful death suit based upon the untimely demise of her cigarette-smoking husband, Jesse Williams, due to lung cancer. Actual damages totalled around $800,000 and the punitives were assessed at $79.5 million -- at the juncture, what with interest, the widow Williams is looking at receiving over $175,000,000.00.
Of course, the defense bar had its fingers crossed that the US Supreme Court would take this opportunity to cap punitive damages. What they got, on April 1st, was a one sentence opinion from the highest court in the land, that it had "improvidently granted" writ in the case and had now changed its mind. Wo Nellie.
Which leaves the Oregon Supreme Court's decision intact, the Widow Williams ready to receive her final award, and the plaintiff's bar a very happy group of folk today.
Because despite all the defense talk that this case is limited to its four corners, it isn't. And, that argument that what happens in Oregon stays in Oregon won't fly either.
We all already know that other big damage cases in other states are going to use this case as a strong argument that the US Supreme Court has sent the message: in the right case, big punitives are totally acceptable.
And, you know what: I think they're right to do this. Punitive damages serve a purpose, and I think we can all agree in today's climate that money is the only language that some corporations understand.
3/29/2009
Read Justice Sharon Keller's Response to the Judicial Commission
Justice Sharon Keller, through her Jackson, Walker lawyer, has filed a response to the claims pending against her at the Texas Commission on Judicial Conduct. You can read it here.
And, you can read some very good arguments regarding Justice Keller's written response (especially her request that the State of Texas pay for her attorneys' fees) here:
Houston attorney Mark Bennett's Defending People
The New York Times' blog The Lede
And, you can read some very good arguments regarding Justice Keller's written response (especially her request that the State of Texas pay for her attorneys' fees) here:
Houston attorney Mark Bennett's Defending People
The New York Times' blog The Lede
3/25/2009
It's Even Funnier When You Read It ....
Saturday Night Live has apparently scoured the internet, grabbing videos of its various sketches with all sorts of copyright claims, whereever it can.
So, tonight, when I stumbled upon the written script for Phil Hartman's Caveman Lawyer (remember him), I stopped to read it.
And, if you're a lawyer -- you gotta read the closing argument here. It's even funnier in print.
Here's the link:
http://snltranscripts.jt.org/91/91gcaveman.phtml
So, tonight, when I stumbled upon the written script for Phil Hartman's Caveman Lawyer (remember him), I stopped to read it.
And, if you're a lawyer -- you gotta read the closing argument here. It's even funnier in print.
Here's the link:
http://snltranscripts.jt.org/91/91gcaveman.phtml
3/24/2009
Jurors Google and Mistrials Are Happening: Here Come the IJuries
Have you seen this happening yet? According to the New York Times, jurors are using their IPhones and Blackberries to do online research about the cases that they are hearing, which I guess does mean that they're not falling asleep in their chairs (good thing) but may well mean more and more mistrials.
A Florida case just lost 8 weeks worth of trial time when the federal judge declared one of the nation's first Google mistrials because of a juror's IPhone efforts.
I mean, this is a much bigger deal than yesteryear's warning not to watch TV or read the newspaper. Apparently, jurors are investigating and researching details of the case. Double-checking what the experts are telling them, learning a bit more about the evidence as it's being admitted.
One has to wonder about the impact of shows like CSI on this sort of thing. You like your jury to be involved in the case, but this is scary, right?
Next thing you know, they'll start wanting to ask questions, do their own examinations ...LOL... and I don't know about you, but I bet there's a good many jurors out there who could do a pretty fine job of that task, given the opportunity.
For the full NYT article, go here.
To read the Las Vegas Sun's discussion of "ijuries," go here.
For the Financial Times discussion of "Google Mistrials" go here.
A Florida case just lost 8 weeks worth of trial time when the federal judge declared one of the nation's first Google mistrials because of a juror's IPhone efforts.
I mean, this is a much bigger deal than yesteryear's warning not to watch TV or read the newspaper. Apparently, jurors are investigating and researching details of the case. Double-checking what the experts are telling them, learning a bit more about the evidence as it's being admitted.
One has to wonder about the impact of shows like CSI on this sort of thing. You like your jury to be involved in the case, but this is scary, right?
Next thing you know, they'll start wanting to ask questions, do their own examinations ...LOL... and I don't know about you, but I bet there's a good many jurors out there who could do a pretty fine job of that task, given the opportunity.
For the full NYT article, go here.
To read the Las Vegas Sun's discussion of "ijuries," go here.
For the Financial Times discussion of "Google Mistrials" go here.
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