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Morning Docket 09.24.09

Posner.jpg* Judge Richard Posner of the Seventh Circuit has turned Keynesian. [New Republic via Blackbook Legal]

* ‘Law & Order’ will tie ‘Gunsmoke’ this year for longest-running prime-time drama on television, but Dick Wolf is annoyed to have to move aside for Jay Leno. [Los Angeles Times]

* What’s the point of law firm deferrals? Written with lots of “expert sources” in the form of Daniel Indiviglio’s lawyer and law student friends. [Atlantic]

* Did you hear? The worst of the recession is over for law firms! [Law Society Gazette via ABA Journal]

* ACORN has filed a $2 million lawsuit against two conservative activists who secretly filmed its employees giving a pimp tax advice. ACORN says the video violates Maryland’s Wiretap Law. That’s nuts! [Courthouse News Service]

* There’s a deep bench at Harvard Law to fill Kennedy’s Senate seat. [ABA Journal]

Comments

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1 Posted by guest | Permalink Thursday, September 24, 2009 8:57 AM

FIRST - SUCK IT!

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2 Posted by guest | Permalink Thursday, September 24, 2009 9:04 AM

How did they get the pimp to pay $2 million for tax advice?

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3 Posted by guest | Permalink Thursday, September 24, 2009 9:05 AM

I can't wait to see what bullshit stories this blog churns out today.

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4 Posted by guest | Permalink Thursday, September 24, 2009 9:33 AM

You can bet that the ACLU won't be defending the activists against ACORN on this one.

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5 Posted by guest | Permalink Thursday, September 24, 2009 9:34 AM

You can bet that the ACLU won't be defending the activists against ACORN on this one.

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6 Posted by guest | Permalink Thursday, September 24, 2009 9:34 AM

The worst of the recession is over for most law firms. The misery remains for Latham survivors.

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7 Posted by guest | Permalink Thursday, September 24, 2009 9:35 AM

Yeah, 60k for doing nothing must really be miserable.

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8 Posted by guest | Permalink Thursday, September 24, 2009 9:36 AM

doj honors news anyone? anyone?

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9 Posted by guest | Permalink Thursday, September 24, 2009 9:37 AM

7, what?

10 Posted by PermiTTT Fisherman | Permalink Thursday, September 24, 2009 9:41 AM

Judge Posner: "I can has SCotUS nomination?"

11 Posted by Nigel Tufnel | Permalink Thursday, September 24, 2009 9:46 AM

Eleven. One louder.

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12 Posted by guest | Permalink Thursday, September 24, 2009 9:47 AM

9 - see 6.

HTH

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13 Posted by guest | Permalink Thursday, September 24, 2009 10:01 AM

7 - trolling this blog day after day and posting on every unrelated story about the unbearable misery that Latham has inflicted on the youth of America can hardly be called "doing nothing."

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14 Posted by guest | Permalink Thursday, September 24, 2009 10:02 AM

7- Until there is a sex offenders registry for law firms, we will not rest.

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15 Posted by guest | Permalink Thursday, September 24, 2009 10:17 AM

What happened at Latham? I thought it was a top firm. Didn't it win the ATL contest for best firm last year?

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16 Posted by guest | Permalink Thursday, September 24, 2009 10:19 AM

Posner is getting embarrassing, as more and more of his writing focuses on his personal intellectual development instead of ideas. A few months ago we learned that he prizes pragmatism more than originalism. Now he breaks the news he has become a Keynesian. What's next -- he once favored 'toe-may-toe' but now favors 'toe-mah-toe'? O share your brilliance Judge Posner!

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17 Posted by guest | Permalink Thursday, September 24, 2009 10:26 AM

Please don't link to the third page of an article, idiot.

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18 Posted by guest | Permalink Thursday, September 24, 2009 10:27 AM

That's some mighty fine strategy there, counselor. What a great idea it is to have ACORN, and the employees it fired for "helping" the pimp and prostitute cheat on their taxes / set up a brothel together sue the folks who set them up. What an even better idea it is to ask the court to enjoin the folks from distributing the recording they made, which show the employees to be utterly willing to help commit multiple felonies. Yeah, a judge is going to issue that injunction. Plus, here is the special verdict at trial, "We the jury find that Pimp and Hooker violated the Maryland Wiretap statute and award damages to ACORN in the amount of $.01 and to the employees who got fired for being criminals in the amount of absolutely friggin' nothing."

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19 Posted by guest | Permalink Thursday, September 24, 2009 10:29 AM

Actually that same wiretap law also got Linda Tripp indicted back in the day. Maryland requires both parties of a recorded conversation to be aware of the recording, absent a wiretap warrant.

(Ah, to relive the late 1990's!)

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20 Posted by guest | Permalink Thursday, September 24, 2009 10:30 AM

A liberal trail mix: ACORNs with sour grapes.

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21 Posted by guest | Permalink Thursday, September 24, 2009 10:36 AM

I love how everyone is calling these two "conservative activists," though O'Keefe has made clear that he is not a "conservative," but a "progressive radical." Anyone who exposes corruption on the left must be some crazy conservative...right?

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22 Posted by guest | Permalink Thursday, September 24, 2009 10:36 AM

"Plaintiffs Tonja Thompson and Shera Williams say they lost their jobs because of the recordings ..."

That's like a murderer saying that he is not responsible because it was the victim who ceased living. Before we have Reform can we have some Responsibility?

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23 Posted by guest | Permalink Thursday, September 24, 2009 10:37 AM

I love how everyone is calling these two "conservative activists," though O'Keefe has made clear that he is not a "conservative," but a "progressive radical." Anyone who exposes corruption on the left must be some crazy conservative...right?

24 Posted by EllieWeasel | Permalink Thursday, September 24, 2009 10:37 AM

Not to focus on weasel-words too much, but the statute prohibits the "interception" of oral communications, not the "recording" of oral communications. This suggests that it only applies to non-parties to the conversation.

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25 Posted by guest | Permalink Thursday, September 24, 2009 10:43 AM

Conservatives are such pussies these days.

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26 Posted by guest | Permalink Thursday, September 24, 2009 10:47 AM

ACORN was punked, a la Ashton Kucher, Alan Funt or Borat. These people weren't engaged in criminal behavior; rather, some "filmmaker" invented a bizarre scenario that would likely have never occurred otherwise. People react to bizarre scenarios in bizarre ways. I think they have a pretty good case here.

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27 Posted by guest | Permalink Thursday, September 24, 2009 11:02 AM

Yeah I remember that one time a pimp and prostitute came up to me and asked me how to evade taxes. Man, that was bizarre! If they hadn't presented me with such a bizarre situation, I wouldn't have told them how to evade taxes and run an illegal prostitution ring. Good thing I told the judge, "hey, it was a bizarre situation."

Or that one time a guy came up to me and asked me if I'd sell him drugs. Well, I WOUDLN'T have done it if he didn't ask me, so I feel like I have a pretty good case.

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28 Posted by guest | Permalink Thursday, September 24, 2009 11:03 AM

Can someone confirm that a panel of U. Penn State Law Profs helped draft the Stimulus and Obamacare?

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29 Posted by guest | Permalink Thursday, September 24, 2009 11:10 AM

"Not to focus on weasel-words too much, but the statute prohibits the "interception" of oral communications, not the "recording" of oral communications. This suggests that it only applies to non-parties to the conversation."

Any case law cites, please?

30 Posted by EllieWeasel | Permalink Thursday, September 24, 2009 11:23 AM

29--Do your own legal research or pay my special ATL billing rate of $525/hr. PE and JE are subject to quarter-hour billing increments. Others will be billed in 1/10th-hour increments.

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31 Posted by guest | Permalink Thursday, September 24, 2009 11:52 AM

Hey 27-- If a guy came up to you who was not working for the police and asked you to sell him some drugs, that guy would be guilty of a crime. Every citizen is not entitled to conduct their own sting operations and then say they should not be held liable because they were only acting. Soliciting a crime -- as the "filmmakers" have done here -- is a crime, in addition to their illegal recording.

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32 Posted by guest | Permalink Thursday, September 24, 2009 12:03 PM

27 -- If there were a criminal charge brought against the ACORN employees, I think it would be a complete defense to show that the whole situation was made up by the filmmakers.

33 Posted by Elie Mystal Sr | Permalink Thursday, September 24, 2009 12:19 PM

Does anyone have any idea how long it will be before my son writes an article how racist it was of Massachussets not to give Henry Gates the Senate seat? I mean he is a Black man and a white man got the job. This is SOOOO racist. Please educate the masses my son.

34 Posted by BHO | Permalink Thursday, September 24, 2009 12:58 PM

It's not a tax, dammit!

I'm Barack Obama?

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35 Posted by guest | Permalink Thursday, September 24, 2009 1:00 PM

FUCK ACORN- they are lucky to have avoided criminal charges so far. The film-makers exposed an organization which was breaking the law

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36 Posted by guest | Permalink Thursday, September 24, 2009 1:03 PM

ACORN should bomb you losers back to the stoneage!

-DOJ Secure

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37 Posted by guest | Permalink Thursday, September 24, 2009 1:11 PM

18 is a fucking moron law student. the law is very clear. i think acorn will likely win. whether or not they get the full damages claimed will depend on actual damages shown from publication to third parties (for which there is a law providing a separate civil cause of action, on top of the crime of illegal wiretap).

the "activists" are lucky that the local DA isn't prosecuting - though he still could.

people forget that the law is value neutral on shit like this, and should be.

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38 Posted by guest | Permalink Thursday, September 24, 2009 1:12 PM

lol @ lawyers thinking this suit has merit.

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39 Posted by guest | Permalink Thursday, September 24, 2009 1:26 PM

lol @ 38 who doesn't realize that the suit will be decided by judges on summary judgment based on a statute, rather than on FOX News by biased commentators and their dittoheads, and the filmmakers don't have a leg to stand on.

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40 Posted by guest | Permalink Thursday, September 24, 2009 2:00 PM

39 for the win. 38 is clearly a 1L member of the young republicans.

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41 Posted by guest | Permalink Thursday, September 24, 2009 2:09 PM

We'll see how people on this site, from both the Left and the Right, feel when some Michael Moore wannabe pulls a similar stunt at some NRA meeting.

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42 Posted by guest | Permalink Thursday, September 24, 2009 2:15 PM

I wonder if ACORN has considered what they might be forced to produce in discovery? How much dirt laundry of theirs might come out if they pursue this claim?

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43 Posted by guest | Permalink Thursday, September 24, 2009 2:25 PM

>>>>We'll see how people on this site, from both the Left and the Right, feel when some Michael Moore wannabe pulls a similar stunt at some NRA meeting.

I have never known Mr. Moore to use a hidden camera. He is recognizable, fat, and has a very visible camera crew with him at all times. That is why he gets doors slammed in his face a lot.

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44 Posted by guest | Permalink Thursday, September 24, 2009 2:28 PM

>>>I wonder if ACORN has considered what they might be forced to produce in discovery? How much dirt laundry of theirs might come out if they pursue this claim?

It probably depends on the nature of the damages they claim. There does not seem to be a lot of relevant dirty laundry on the basic claim for an illegal recording -- that is a pretty narrow issue.

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45 Posted by guest | Permalink Thursday, September 24, 2009 3:52 PM

37, 18 here. I'm neither a fucking moron nor a fucking law student. Several things boggle the mind about plaintiffs' complaint, among them: (1) both the fired employees and ACORN itself are plaintiffs in the same action, (2) they are seeking a prior restrain on publication of the moron-conservative-activists' tapes, (3) they demanded a jury even though they agreed, on tape, to help set up a brothel for teen hookers, and (4) the complaint is so idiotic as to allege that the individual plaintiffs lost their jobs as the "proximate result" of the actions of the defendants (rather than, you know, because they agreed to help the moron-conservative-activists-posing-as-criminals evade taxes and traffic in girls).

I don't pretend to know Maryland juries, but somehow I suspect they won't be terribly sympathetic to people who agreed to help traffic in teenage hookers, even if they were lied to about who was doing the asking. I also suspect that no judge will be eager to issue an injunction preventing the dissemination of newsworthy tapes of employees of a controversial organization agreeing to help criminals.

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46 Posted by guest | Permalink Thursday, September 24, 2009 11:36 PM

45, you are apparently not a lawyer then you fucking moron. go read the motherfucking statute and leave your petty conservative values out of this shit. seriously.

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47 Posted by guest | Permalink Friday, September 25, 2009 11:56 AM

46: Good luck on finishing law school, seriously. Also, good luck on giving clients realistic advice about about what juries on claims for money damages are likely to do and what judges are likely to do on equitable claims (even if moron plaintiffs demanded a jury). Even what statutes provide for money damages, sometimes judges and juries strive to do what they think is fair.

Oh, and good luck on learning to write complete sentences and use proper punctuation and capitalization.

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