Spelling Errors Catch an Identity Thief
A would-be identity thief was caught after a series of stupid mistakes, including repeatedly misspelling his victim’s name on order forms.
Lance Coleman of Racine, Wisconsin attempted to steal $47,000 worth of computer and other electronic equipment from Dell Inc. by impersonating Skechers USA Inc. CEO Robert Greenberg. According to news reports, Coleman identified himself as Greenberg when he placed a telephonic order for the equipment. At that time, he gave the correct tax identification number for the company, but misspelled both Mr. Greenberg’s and the company’s name. He also told the Dell account manager that the shoe company was moving its headquarters from California to Wisconsin, and gave his apartment address for delivery. In addition, Coleman gave an email address linked to an Internet provider, rather than a corporate address. That prompted the account manager to alert Skechers and the FBI.
Coleman was arrested at his apartment after an FBI agent, dressed as a delivery man, attempted to deliver the package from Dell and Coleman signed Greenberg’s name. Coleman pleaded guilty to scheming to defraud using the telephone and Internet.
—Source: The Wall Street Journal
Break Dancing
A woman who claims she suffered an injury when she broke the fall of a man who was dancing on a bar is suing a Palm Beach, Florida restaurant.
Kathryn Muth claims she was injured when 275-pound Remington Wayne Lawrence fell while dancing on the bar at Cucina Dell Arte. “This was not a bar that was made for people to dance on,” said Jodi Page, an attorney for Muth. According to the lawsuit, Lawrence landed on Muth, who was sitting nearby, and she suffered a partial tear of her rotator cuff, which required surgery.
Muth and her husband sued the restaurant for negligence and loss of consortium. She further claims that the restaurant violated ordinances, which the lawsuit maintains, “were designed to prevent the promotion of raucous nightclub behavior such as dancing in order to protect the safety and welfare of the public.”
—Source: Palm Beach Post
Tour de Courtroom
Three-time Tour de France winner Greg LeMond has been sued by bicycle-maker Trek for speaking out about steroids and doping in his sport.
Trek filed a federal lawsuit in Madison, Wisconsin, asking for permission to break its contract with LeMond. Trek began licensing a brand of road bikes under LeMond’s name in 1995.
According to news reports, Trek President John Burke stated that LeMond had a “troubling pattern of inconsistent business dealings” and that LeMond’s outspoken comments weakened the brand.
LeMond’s attorney, Denise Rahne, countered that, “Mr. LeMond has been and continues to be an outspoken critic of doping in professional cycling, which should be consistent with what Trek touts as ‘family values.’” Rahne also accused Trek of filing its lawsuit to distract attention from an earlier breach of contract suit filed by LeMond against Trek.
—Source: Chicago Tribune
Neighborly Nuisance
The purchaser of an Arizona home has filed a lawsuit charging that the seller should take the home back for failure to warn him about a neighbor who he claims is a nuisance. Realtor Glenn Melton purchased the home in Phoenix for his daughter in 2005. Shortly thereafter, he learned that the next-door neighbor had called the police with complaints hundreds of times and was arrested for disorderly conduct for throwing potatoes at the seller’s home just five days before closing.
Melton, who believes seller Nathan Thinnes should have disclosed information about the nasty neighbor, sued Thinnes to take the home back. Arizona disclosure laws require a seller to reveal any nuisance that could affect a sale. According to news reports, Thinnes struggled with whether or not to disclose the neighbor’s conduct, but was advised not to by his real estate agent. The agent denies giving such advice.
Thinnes attorney claims the case has no basis. “[Melton] can’t point to any past cases that say neighbors or their disturbances are something that needs to be [disclosed],” said Thinnes’ attorney Geoffrey Crestar. “Did he need to disclose that he had a confrontation with her? Did he need to disclose she uses swear words?”
—Source: ABC News Internet Ventures
Costly Depositions
It’s common practice for a client to pay hefty prices to his lawyer for depositions. It’s less common for the client and his lawyer to pay hefty fines for misconduct during depositions.
U.S. District Judge Eduardo Robreno of Philadelphia issued a $29,000 fine against attorney Joseph Ziccardi and his client Aaron Wider, chief executive of HTFC Corp., for misconduct during a deposition. According to Judge Robreno’s opinion, Wider engaged in “hostile, uncivil and vulgar conduct, which persisted throughout … nearly 12 hours of depositions.” Judge Robreno found Wider’s attorney culpable as well because he “snickered” at his client’s remarks and failed to stop his client’s tirades.
The objectionable conduct included the use of profanity more than 70 times during the deposition, as well as when opposing counsel asked Mr. Wider to open a file to discuss certain documents, Mr. Wider responded: “You want me to look at something, you get the document out. Earn your [expletive] money, [expletive]. Isn’t the law wonderful?”
Wider claims his inappropriate conduct stemmed from manic-depressive disorder and the recent death of his father.
—Source: The Wall Street Journal
Casinos Dealt Lawsuit by Compulsive Gambler
A former lawyer from New York, who now lives in Minnesota, filed a lawsuit against several Atlantic City casinos and one Las Vegas casino, charging that they had a duty to notice her compulsive gambling problem and cut her off.
Arelia Margarita Taveras, who made a name for herself representing families of victims of American Airlines Flight 587, which crashed in New York’s Queens Borough in 2001, admitted becoming a regular at the casinos in order to relax and get away from her seven day a week law practice which earned her $500,000 a year. But her gambling got out of hand as she would spend days at a time at the tables, not eating or sleeping, subsisting on orange juice and candy bars, and brushing her teeth with disposable wipes.
With her losses totaling nearly $1 million, she dipped into her clients’ escrow accounts to finance her gambling. Ultimately, she was disbarred, lost her law practice, her apartment, her parents’ house and she owes the IRS $58,000.
Now she’s filed a $20 million racketeering lawsuit in federal court against Resorts Atlantic City, Trump Plaza Hotel and Casino, Trump Taj Mahal Casino Resort, the Tropicana Casino Resort, the Showboat Casino Hotel, Bally’s Atlantic City, and the MGM Grand Hotel and Casino in Las Vegas.
“They knew I was going for days without eating and sleeping,” Taveras said. “I would pass out at the tables. They had a duty of care to me. Nobody in their right mind would gamble for four or five straight days without sleeping.”
The casinos deny any wrongdoing. Joe Corbo, president of the Casino Association of New Jersey, said, “This can be a delicate situation, and it comes down to an individual’s personal responsibility. We can only suggest that they receive assistance and provide information how they can obtain help, but it is up to them to commit to seek it.”
—Source: The Star Tribune (Minneapolis-St. Paul)
Best Buy’s Worst Sale
Admittedly taking a page from former administrative law judge Roy Pearson’s $54 million dollar lawsuit against a dry cleaner over a lost pair of pants, a woman sued Best Buy for $54 million for losing her laptop computer.
Raelyn Campbell filed the lawsuit in Washington, D.C., Superior Court after Best Buy admitted losing the computer loaded with personal information that Campbell had dropped off for repairs. Campbell contends that the amount of the alleged loss is astronomical, but months of stalling and brush-offs by the company upset her so much that she resorted to drastic measures. A Best Buy representative stated that the demands are unreasonable and that settlement offers were denied.
"It wouldn't even cover the cost of replacing the computer, let alone the software, or my time,” Campbell said of Best Buy’s $900 gift card offer. “And why would I want to go spend money at their store again after the way I was treated?"
Campbell rejected the offer, instead demanding $2,100 in cash. At the same time, Campbell was informed by a free legal aid clinic in Washington, D.C., that since her lost computer contained personal information, including her tax return, there was potential for identity theft.
That’s why Campbell also is seeking a promise from Best Buy that it will train employees on privacy issues. “I can't help but wonder how many other people have had their computer stolen (or) lost by Best Buy and then been bullied into accepting lowball compensation offers for replacement expenses and no compensation for identity theft protection expenses,” she said.
—Source: CBSNews.com
U.S. District Judge Denny Chin in Manhattan ruled that a lawsuit can proceed against General Electric Co.'s NBC Universal Inc. over a planned segment of "To Catch a Predator."
In November 2006, a cast and crew from Dateline NBC's television series were waiting outside the home of Louis William Conradt, Jr., an assistant district attorney in Rockland County, Texas, to film his arrest for allegedly attempting to solicit a minor online. Mr. Conradt reportedly shot himself when members of the police SWAT team tried to execute the arrest warrant. NBC later broadcast an episode which mentioned Conradt and his suicide.
Conradt's sister, Patricia, filed suit seeking more than $100 million in compensatory and punitive damages. In his recently issued opinion, Judge Chin allowed the claims of intentional infliction of emotional distress and various civil rights violations to proceed against NBC, but dismissed claims of racketeering, negligence and unjust enrichment.
"Although many of plaintiff's claims will be dismissed, the principal claims survive, for if the allegations of the amended complaint are proven, a reasonable jury could find that NBC crossed the line from responsible journalism to irresponsible and reckless intrusion into law enforcement," the judge said.
—Source: Pensacola News Journal and Marketwatch.com
A Washington State man reportedly had his friend shoot him in the shoulder so he wouldn't have to go to work. Now, his friend has been arrested for "investigation of reckless endangerment" and the victim is expected to be charged with false reporting.
According to news reports, shooting victim Daniel Kuch initially told Sheriff's detectives in Franklin County, Washington, that he was the victim of a drive-by shooting while jogging. Later, Kuch confessed to the police that he had asked his friend to shoot him so that he could get some time off work and avoid a drug test.
Kuch's place of employment was not disclosed.
—Source: Pensacola News Journal
When H*** Froze Over in Denver
"In 42 years of litigation, I've never seen a judge set aside a verdict, then award fees to opposing counsel," said local attorney Robert Miller, of Perkins Coie LLP. "There are times when a verdict is set aside, and times when lawyers are sanctioned. But I've never heard of them happening in one case."
That was the response of a local attorney upon learning that a federal judge set aside a jury's $51 million verdict, and then ordered two trial lawyers to pay the fees and costs of the opposing lawyers for allegedly misleading jurors in a patent infringement trial.
Colorado U.S. District Senior Judge Richard P. Matsch chastised McDermott Will & Emery's Terrence McMahon and Vera Elson for "abuse of advocacy" and for having a "what can I get away with?" attitude during the patent infringement trial in Denver. Ruling that the entire trial was "frivolous," Judge Matsch wrote that McDermott's lawyers not only disregarded his instructions during the trial but argued "with full awareness that their case was without merit."
Opposing counsel's lead attorney, Jay Campbell, said, "We're very pleased with the decision. The judge wrote eloquently about the improprieties, that they had litigated to end competition rather than to enforce the patent."
The McDermott firm defended its lawyers by stating it "believes in vigorous and ethical advocacy on behalf of our clients. While we respect Judge Matsch, we disagree with the conclusions of the opinion and believe that it will be reversed on appeal." Contrary to McDermott's prediction, the U.S. Court of Appeals for the 10th Circuit affirmed Judge Matsch's decision to overturn the verdict.
Campbell has until March 12 to present his bill, which could be for millions of dollars.
—Source: The Denver Post
Learning Courtroom Etiquette — The Hard Way
A North Carolina lawyer has been held in criminal contempt for reading a magazine during a court session. District Court Judge Kevin Eddinger issued the contempt order against attorney Todd Paris after witnessing him reading Maxim, a men's magazine, while seated on a bench in court reserved for lawyers. The cover of the magazine prominently featured a female topless model.
According to the court's order, Mr. Paris apologized and "stated in his view the magazine was not pornography, was available at local stores and that he didn't intend contempt." Judge Eddinger found Mr. Paris' conduct to be "grossly inappropriate" and "patently offensive" and "impaired the respect due" the court. Mr. Paris was issued a $300 fine and a 15-day suspended prison sentence.
According to news reports, Maxim is sending both Judge Eddinger and Mr. Paris a one-year complimentary subscription.
—Source: The Wall Street Journal
Chew on this Lawsuit
A Michigan woman has sued Starburst's parent company, Mars Inc., maker of the fruit chews candy, claiming that the candies are so chewy that they should come with a warning label.
Victoria McArthur of Romeo, Michigan is seeking more than $25,000 in damages for "permanent personal injuries" she allegedly suffered after chewing on Starburst's yellow candy. McArthur claims that after about three chews her jaw literally locked and was pulled out of joint. As a result, she claims she now suffers from a condition known as temporal mandibular joint dysfunction, more commonly referred to as TMJ, which allegedly causes trouble chewing, talking and sleeping.
"Prior to said incident, Plaintiff was a reasonably strong and healthy female," says the complaint. "Due to the negligence of said defendant and injuries afore described, Plaintiff became ill, sore and lame."
McArthur's lawyer, Brian Muawad, says McArthur offered to negotiate a settlement with Starburst's insurer to pay for her rehabilitation, but the offer was denied. A spokesman for Mars Inc. refused to comment.
"I don't want to see anybody else have to go through what I have gone through from eating a piece of candy that was supposed to be soft chew," McArthur said.
—Source: FoxNews.com
Homer Simpson Weighs in on Unilateral Contracts
Sixth Circuit Court of Appeals Judge Boyce Martin recently turned to Homer Simpson for legal support in his dissenting opinion.
At issue in the case: Whether an employee was bound to arbitrate, rather than sue, over an employment dispute when she continued to work at a company after it instituted an arbitration program for employment-related disputes.
In disagreement with the majority's decision, Judge Martin delved into the intricacies of contract law asking "without a signal that she understands that a contract is being made, how is one to know if she has truly accepted."
Judge Martin then footnoted a monologue of Homer Simpson, the father in the popular Fox television series, "The Simpsons."
"Homer Simpson talking to God: 'Here's the deal; you freeze everything as it is, and I won't ask for anything more. If that is OK, please give me absolutely no sign. [no response] OK, deal. In gratitude, I present you this offering of cookies and milk. If you want me to eat them for you, please give me no sign. [no response] Thy will be done.' The Simpsons: And Maggie Makes Three (Fox television broadcast, Jan. 22, 1995)"
Judge Martin, 72, credited his law clerk Anne Gordon with the analogy.
—Source: The Wall Street Journal
A Deadline is a Deadline is a Deadline
Missing a court filing deadline by one minute may prove to be a very costly mistake for a Southern California law firm. Morrison & Foerster LLP may have cost their client about $1 million because their motion for attorneys' fees was filed one minute late.
According to court papers, one of the lawyers with the firm delivered the motion to a courier service at 3:14 p.m., forty-five minutes ahead of the looming deadline. "[We] never had a problem with getting papers filed by 4 p.m. when delivering them to the attorney service [about forty-five minutes before]," one of the firm's attorneys told the court.
The courier reported after encountering "unusually heavy traffic," he arrived at the courthouse one minute late (according to his calibrated watch) and found the doors locked. Federal court Judge Cormac Carney was unsympathetic. "These circumstances, however regrettable, do not meet the standard for 'excusable neglect," Judge Carney wrote. "[T]he entirely foreseeable obstacle of traffic in Southern California in the late afternoon ... cannot justify an enlargement of time."
The law firm's lawyers may take solace in the fact that Judge Carney ruled that even if the motion for attorneys' fees had been filed on time it would have been denied as there wasn't sufficient evidence to justify the award.
—Source: The Wall Street Journal
A Class Action Lawsuit Sours
The U.S. Court of Appeals for the D.C. Circuit upheld the dismissal of a class action lawsuit which sought, among other things, to require sellers of milk to put labels on their containers warning consumers that some may experience adverse symptoms if they drink milk and are lactose intolerant.
According to court documents, the class of plaintiffs, defined as consisting of individuals who consumed milk before becoming aware that they were lactose intolerant, suggested two specific warnings. The first stated, "Warning - If you experience diarrhea or stomach cramps after consuming milk, you may be lactose intolerant. Check with your physician." The second proposed, "Warning - Lactose intolerant individuals may experience bloating, diarrhea, or other gastrointestinal discomfort from consuming milk. Check with your physician."
In affirming the lower court's dismissal, the appellate court concurred that the manufacturers had no duty to warn because the health consequences of being lactose intolerant are well known. "We hold as a matter of law that a reasonable consumer today would be well aware that milk may adversely affect some people," the court concluded, adding that "the risk that milk will cause temporary gas and stomach discomfort to lactose-intolerant individuals who do not yet know of their condition cannot support a failure-to-warn tort claim under D.C. tort law."
Judge Brett M. Kavanaugh, author of the court's opinion, cautioned that "a bout of gas or indigestion does not justify a race to the courthouse. Indeed, were the rule otherwise, a variety of food manufacturers as well as stadiums, bars, restaurants, convenience stores, and hot dog stands throughout the country would be liable to millions of would-be plaintiffs every day. Plaintiffs' novel claim falls short of what D.C. law requires."
—Source: Law.com
Wii Guitar Hero Not Bringing Shouts of Joy
We knew it wouldn't be long before the highly sought-after, incredibly popular and hard-to-come-by gift of the year, the Nintendo Wii game system, along with its games, ended up being the targets of lawsuits.
San Diego resident Samuel Livingston is suing Activision, Inc., the maker of the popular Guitar Hero III: Legends of Rock game, advertised and sold as fully supported on the Nintendo Wii video game console. According to court documents, the Guitar Hero III game does not meet its claim to support Dolby Pro Logic II surround sound for the Wii. Rather, Livingston claims that gamers are only provided with mono sound for nearly all aspects of game play.
Livingston's lawsuit charges that Activision engaged in deceptive and unlawful conduct in designing, manufacturing, distributing, and selling a defectively designed music video game for the Nintendo Wii game console. In addition to seeking class action status, damages are sought in the amount of monies paid for Guitar Hero III games for Wii, and unspecified actual damages, statutory damages, punitive or treble damages, and such other relief as provided by statutes, equitable relief in the form of restitution and/or disgorgement of all unlawful or illegal profits received by defendant, and the costs of bringing the suit, including reasonable attorneys' fees.
In reporting about the lawsuit, TMZ.com, a joint venture between Telepictures Productions and AOL, noted, "The true miracle - that this player could rip himself away from the game long enough to actually file a lawsuit."
—Source: TMZ.com and court documents
Judge Rules Delay of Trial, not Game
A state judge in Louisiana agreed to postpone the start of trial because lawyers for both parties had tickets to the BCS national championship game, which was played between Louisiana State University and Ohio State University on January 7th, the same day the trial was supposed to begin.
West Baton Rouge Parish District Judge Alvin Batiste granted defense attorney Stephen Babcock’s request. “All counsel to this matter unequivocally agree that the presence of LSU in the aforementioned contest of pigskin skill unquestionably constitutes good grounds therefore,” Babcock wrote in his written request. “In fact we have been unable through much imagination and hypothetical scenarios to think of a better reason.”
According to news reports, in addition to having tickets to the game, Babcock and other LSU fans had rented out the second floor of a Bourbon Street bar for a pre-game tailgate party. In noting that the lawyers for the plaintiff also had tickets and didn’t oppose the motion, Babcock stated “we might disagree on the merits of the case, but everyone was in agreement on this, for sure.”
—Source: Pensacola News Journal
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