2nd Circuit

Arar v. Ashcroft: An ATL Interview with Josh Sohn of DLA Piper

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Joshua Sohn Josh Sohn Joshua S Sohn DLA Piper Above the Law blog.jpgLast Friday, the U.S. Court of Appeals for the Second Circuit heard oral argument in Arar v. Ashcroft, a high-profile lawsuit arising out of the U.S. government’s rendition of Maher Arar, a Canadian citizen, to Syria.
We interviewed DLA Piper partner Joshua Sohn (at right), co-counsel to Mr. Arar along with the Center for Constitutional Rights, about this interesting case and his firm’s work on it.
For readers who aren’t familiar with the case, what’s it all about?
It’s about the federal government’s extraordinary renditions program, which sends “people of interest” to sites around the world for indefinite detention and interrogation under harsh conditions — in this case torture. Mr. Arar, who is a computer engineer, Canadian citizen, husband, and father of two young children, was pulled out of the immigration line at JFK when he was attempting to change planes, but not enter the United States. Mr. Arar was interrogated at the airport, detained and interrogated at the Metropolitan Detention Center in Brooklyn, and ultimately flown by private jet in the dead of night to Jordan and delivered to Syria. Mr. Arar was never charged with a crime, was not allowed to consult with an attorney for many days when he was first detained and both he and his attorney were lied to about what was going to happen to him and the fact that he was being sent to Syria.
Mr. Arar made plain to those holding him that he feared being tortured in Syria and that he wanted to be sent to Canada-where he lived and was a citizen. Those pleas were ignored and Mr. Arar was sent to Syria where he was tortured and kept in a grave-like cell for almost a year. This case seeks to hold the federal officials who are responsible for Mr. Arar’s treatment, responsible.
Read the rest of the interview, after the jump.

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Non-Sequiturs: 09.21.07

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Paul Cassell Judge Paul G Cassell Above the Law blog.jpg* As a judge, Michael Mukasey cited Shakespeare in snarking on — and striking down — the federal sentencing guidelines. [AP]
* Speaking of district judges, the well-regarded Judge Paul Cassell (D. Utah — at right) is resigning from the bench — partly due to low judicial pay. [Sentencing Law & Policy via WSJ Law Blog]
* What not to wear when you go to the airport. [Boston Globe]
* Unlike, say, the Ninth Circuit, the Second Circuit follows on-point Supreme Court precedent. [TaxProf Blog]
* Your submissions for Blawg Review #127 are respectfully requested. [Deliberations]
Update: The citation for the Mukasey opinion is United States v. Mendez, 691 F. Supp. 656, 663-64 (S.D.N.Y. 1988).
Back in this post, in which we incorrectly predicted that Mukasey wouldn’t get the AG nomination, we wrote: “We’d also add that Judge Mukasey probably isn’t solidly conservative enough for the White House. See, e.g., his views on the federal sentencing guidelines.”

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Non-Sequiturs: 08.09.07

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chart stock market plunge Abovethelaw Above the Law blog.gif* Lawyer opinions solicited: Is this an effective ad for malpractice insurance? [Copyranter]
* Another ugly day for the stock market. [Volokh Conspiracy]
* On that subject: Is the vast family fortune of Rachel Kovner, ATL’s official It girl, in jeopardy — as recently rumored by our sibling site? Not exactly. But if Bruce Kovner’s legendary fund is up only 3 percent year-to-date, things could certainly be better. [DealBreaker]
* What? The iPhone is not God’s greatest gift to man? Bite your tongue! [Althouse]
* Ignoring a handslap will get you a benchslap. See page 15, footnote 7. [U.S. Court of Appeals for the Second Circuit (PDF)]

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Non-Sequiturs: 07.16.07

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mussel mussels musel muscle Abovethelaw Above the Law blog.jpg* Washingtonienne, the sequel? But this time around, blame the “backdoor action” on the Spicy Mussel Soup. [Medill Reports]
* A compelling defense of Judge Dennis Jacobs’s “look ma, no eyes” approach to dissenting. [ProfessorBainbridge.com]
* “My friends said to me, ‘It would take a murder trial for you to meet the right person.’” [Associated Press]
* Because we need to use the “Weirdness” tag at least once a day. [Underbelly]

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Chief Judge Dennis Jacobs: Not Running for Student Body President

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Dennis Jacobs.jpg
Chief Judge Dennis Jacobs of the Second Circuit Court of Appeals engages in some impressive benchslappery in a dissent released today. He’s not attacking the court’s majority opinion, just ignoring it:

I concede that this short opinion of mine does not consider or take into account the majority opinion. So I should disclose at the outset that I have not read it.

Ouch! (We take particular pleasure in pointing out that the majority opinion is by Judge Guido Calabresi, LEWW’s favorite elfin jurist.)
Click below to read more about the case, plus more from Judge Jacobs’ delightfully disdainful dissent.

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Barry Ostrager of Simpson Thacher: Bad at Deadlines, Bathroom Etiquette

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Barry Ostrager Barry R Ostrager Simpson Thacher Bartlett STB.jpgWe now interrupt your regularly scheduled programming of Charney v. Sullivan & Cromwell to bring you some embarrassing news about another ultra-prestigious New York law firm: Simpson Thacher & Bartlett.
From Decision of the Day:

From the “it can happen to anyone” file, the Second Circuit dismisses a cross-appeal by Travelers Insurance Company because its law firm filed the notice of appeal one day late. After the losing party in the district court filed a notice of appeal, Travelers had 14 days to file its notice of cross-appeal. However, the firm calculated the 14 days from the date it received the notice, not from the date the notice was actually filed. The district court denied Traveler’s motion to extend the deadline by one day, explaining that this was a case of “garden variety attorney inattention” and not excusable neglect. The Second Circuit affirms (PDF).

The law firm that made this rookie mistake was one of the whitest of the white shoes, the venerable Simpson Thacher & Bartlett. The partners on the brief have stunning resumes, and the fifth-year associate has done plenty of litigating, given that he is admitted to practice in three jurisdictions and thirteen courts. So, yes, it can happen to anyone. (And in case you’re wondering, no, STB did not reject me.)

Decision of the Day is too nice to name the STB lawyers on the brief, but we have no such qualms. These are matters of public record. The attorneys who screwed up here are partner Barry R. Ostrager, partner Andrew T. Frankel, and associate Robert J. Pfister.
Barry Ostrager, by the way, is routinely named as one of the country’s top business litigators and trial lawyers. See, e.g., here, here, and here. He’s not particularly nice; as one litigator diplomatically observed, Ostrager “doesn’t suffer from the need to be loved.” But he has been very successful for his clients.
Given Ostrager’s stellar reputation, this latest defeat is particularly embarrassing. It’s one thing when you litigate a case as best you can, then lose because the law just isn’t on your side. It’s another thing when a federal trial judge finds you guilty of “garden variety attorney inattention,” and then an appeals court affirms, holding that your “attorney inadvertence” — a charitable phrasing — does not constitute “excusable neglect.” Great litigators, after all, are supposed to be careful, attentive, and detail-oriented.
But this is not Barry Ostrager’s only lapse. His failure to pay attention to detail extends to the men’s room — as we have had the misfortune of observing, firsthand.
Read all about it, if you dare — don’t say we didn’t warn you — after the jump.

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Be Grateful for Our Litigious American Ways

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Karolina Kurkova nude naked pic photo.jpgSome people, like the Overlawyered crew, can’t stop bitching about our ridiculously litigious society. They complain that here in the United States, people sue at the drop of a hat, for the most stupid or frivolous of reasons.
But there may be an upside to our culture of litigation. From the AFP:

The leading association of US fashion designers said it would issue guidelines this week on the issue of skinny models. The Council of Fashion Designers of America (CFDA) will issue its findings to designers, modeling agencies and production companies by the end of the week ahead of castings for fashion week, which begins on February 2….

The former president of the Council of Fashion Designers of America, Stan Herman, last year ruled out a ban on skinny models in New York, saying such rules would expose the organizers to possible legal action.

“It would be the same as banning somebody who’s too fat,” he told AFP in September. “Those people could sue… I wouldn’t touch it with a 10-foot pole.”

Indeed. And who’d want to be on the receiving end of such a class action, filed on behalf of every runway model with a sub-18 BMI? If liability is established, damages could be astronomical. As Linda Evangelista famously quipped, those girls “don’t wake up for less than $10,000 a day.”
So when Anna Wintour says her bedtime prayers tonight, she should thank God for the trial lawyers. They’re the only ones standing between her and a bevy of big-boned beauties.
Update: And models aren’t afraid of going to court to vindicate their rights. Check out this lawsuit, the subject of a recent Second Circuit ruling.
Doctors Fault Designers’ Stance Over Thin Models [New York Times]
New York fashion group to issue guidelines on skinny models [AFP]
NYC Fashion Week to Ban Twig Girls? [Gawker]

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Morning Daily Docket: 12.28.06

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(Yes, this is ridiculously late. But we hope, for the love of God, that you don’t rely upon us for real legal news. News aggregation is not our primary purpose, and there are many other sites that do it better and faster.)
* Now that President Ford has passed away, everyone must write the obligatory article about his long-lived SCOTUS appointment, Justice John Paul Stevens. [Chicago Tribune, ABC News, Los Angeles Times, WSJ.com; all via How Appealing]
* State bars tend to give government lawyers a wide berth. So when a bar brings ethics charges against a prosecutor, you know something stinks to high heaven. [Associated Press]
* Videotaping an execution is pretty grotesque. But then again, it’s probably no more disturbing than this video. [CBS News]
* You can accuse the Catholic Church of many things; but selective application of their teachings is probably not one of them. The Vatican opposes the death penalty even for Saddam Hussein. [Associated Press]
* Speaking of death penalty cases, the Supreme Court’s incredible shrinking docket may be getting even smaller. [SCOTUSblog]
* Biglaw + Racial Issues = Lively Blog Comment Threads. [Overlawyered; WSJ Law Blog]
* Tax lawyers at Cravath aren’t the only ones with a weakness for underage girls. [Associated Press]
* Oyez, oyez: Interested in an administrative gig that pays over $150K? The Second Circuit is seeking a new Clerk of Court. [2nd Circuit (PDF) via How Appealing]

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Morning Docket: 12.21.06

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* The Volokh Conspiracy wins Best Law Blog. Congrats to the VC crew! [The Weblog Awards 2006 via 2nd Place Winner How Appealing]
* F&@% you, FCC!. [CNN.com]
* And in my-home-state-is-not-completely-backward news… [Jurist]
* If he sold it, Ron Goldman wants the money. [AP via FindLaw]
* Internet illiterate NY Mom, who doesn’t know “a kazaa from a kazoo,” is dropped from recording industry’s suit against her children. [AP via lexisONE]

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Shouldn’t That Be “Mistress” of the Universe?

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Suzanne Nora Johnson Above the Law.jpgOur big sibling reports on the departure of high-finance hottie Suzanne Nora Johnson from Goldman Sachs, the obscenely profitable investment bank. Johnson, who served on the firm’s 23-member management committee, was the highest-ranking woman at Goldman Sachs.*
And as the WSJ Law Blog notes, in a post entitled Associates, You Too Can Become a Master of the Universe, Johnson is a former lawyer:

Before joining Goldman in 1985, Johnson (USC, Harvard Law) was an associate at Simpson, Thacher & Bartlett and clerked on the Second Circuit.

Anyone know which judge Johnson clerked for? If that jurist is still living, Johnson — who earned a cool $17.2 million last year (eat your hearts out, Biglaw partners) — should foot the bill for the judge’s official portrait.
(While we’re correcting the titles of Law Blog posts, “spritely” should be replaced by “sprightly” back in this post. As far as we know, the elfin Erwin Chemerinsky did not participate in the KSR v. Teleflex argument.)
* Goldman Sachs has no relationship or connection whatsoever with Goldmansex.com — other than to golden shower rain on that poor website’s parade.
Top Goldman Gal Dumps Bank [DealBreaker]
Associates, You Too Can Become a Master of the Universe [WSJ Law Blog]
Earlier: Because $7 Million a Year Isn’t Enough for Them

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