The rain in Spain falls mainly on… a**holes? Well, only if most Spaniards are like Tomas Delgado — and we’re guessing (and hoping) they’re not.
After all, since chutzpah like this doesn’t come along often. Our latest Lawsuit of the Day hails from Spain, via CNN:
A Spanish businessman withdrew a controversial lawsuit Wednesday against the family of a teenage boy he struck and killed while driving a luxury car.
Tomas Delgado had filed a suit asking the dead boy’s parents to pay him €20,000 ($29,400) on the grounds that the collision that killed their teenage son also damaged his Audi A-8.
After public outrage ensued, Delgado dropped the suit — but was none too happy about it:
The businessman had insisted in a recent television interview that he was a victim, too. He was not present for a court hearing Wednesday. His lawyer told the court that Delgado felt that the extensive publicity amounted to a public lynching.
A high-tech lynch mob for an uppity Audi driver. Who was reportedly driving 107 miles per hour in an area where the speed limit is 55 miles per hour. Who hit the boy from behind, according to the boy’s father, and “dragged [him] 106 meters (347 feet) along a rural highway.”
Read more in the full article (which includes an interesting digression about how quickly you need to file your notice of appeal in Spanish courts; their appeal periods make ours look like an eternity). Driver drops bid to sue family of boy he killed [CNN]
With the police, who pulled you over for a traffic infraction. But the good news is that you’re getting it back. From CBS:
Eight grams of medical marijuana seized from a Garden Grove man during a traffic stop must be returned to him, according to an appeals court ruling directing local law enforcement to uphold state, not federal law.
A three-justice panel of the 4th District Court of Appeal [in California] weighed in on the issue in a published decision that sets precedent for future cases on similar issues.
The marijuana, which belonged to Felix Kha, 22, was confiscated during a traffic stop on June 10, 2005.
The city of Garden Grove tried to argue “that to the extent state law authorizers or mandates the return of Kha’s marijuana, it is preempted by federal law.” The appeals court didn’t see it that way:
Kha’s attorneys argued that the 10th Amendment to the Constitution effectively prohibits federal interference with California’s medical marijuana laws, and the three-justice panel of the 4th District Court of Appeal agreed.
The justices found that because, under state law, Kha was lawfully entitled to possess the marijuana, “due process and fundamental fairness dictate that it be returned to him.”
* Lockdown of Pakistani legal system intensifies. [CNN]
* Reggie Bush investigated for receiving gifts while at USC. [Los Angeles Times]
* Keanu sued for Porschal assault. [MSNBC]
* Peter Lattman on the charms of the dormant Commerce Clause. [WSJ Law Blog]
* Some Fahrvergnügen for Porsche, courtesy of the European Court of Justice. [How Appealing (linkwrap)]
* Surprise surprise: a Yale law professor has issues with Michael Mukasey. Professor (and novelist) Jed Rubenfeld questions the nominee’s views of executive power. [New York Times via WSJ Law Blog]
* If confirmed, Mukasey has his work cut out for him. “Clearly the Justice Department has lost its mojo,” said WilmerHale partner Reginald Brown. [Legal Times]
* Obama criticizes Hillary in Iowa mailing. [Politico via Drudge Report]
* A (very close) vote is expected this week on Leslie Southwick’s Fifth Circuit nomination.
[Fox News via How Appealing]
Additional links, after the jump.
As we first reported yesterday, Professor D. Marvin Jones, who teaches constitutional law and criminal procedure (!) at the University of Miami law school, has been arrested for solicitation of a prostitute. Here’s an interesting tidbit, from Blogonaut:
Some of you asked for more details about the alleged conduct. We’ve gotten on our hands on the incident report, which appears below. Note the tension between (1) Professor Jones’s pimpin’ ride, a Mercedes SL500, and (2) his alleged offer of a mere $20 to the “undercover officer possing [sic] as a prostitute.”
Law professors don’t make as much as Biglaw partners. But surely the driver of a Mercedes could be a little more generous!
* It’s hard to believe this car was parked in Brooklyn, of all places. [Althouse]
* The law school hiring process privileges glibness — and is that a bad thing? Law professors are hired (1) to train lawyers, of all people, and (2) to write articles that sound like they’re saying a lot, even when they’re not. Glibness would seem to be a BFOQ. [PrawfsBlawg]
* Once our Surgeon General starts getting on our case about drinking, it’s time to leave the country. But don’t move to the U.K. [Charon QC: The Blawg]
* Speaking of emigration, Tonga says: “Give us your tired, your poor, your disgraced and disbarred lawyers, yearning to breathe free.” [Blogonaut]
* Good news, Pennsylvanians. According to Professor Orin Kerr, “you can scream at your overflowing john all you want without violating the state’s disorderly conduct offense.” [Volokh Conspiracy]
* Martindale-Hubbell ratings: Pay to play? We find them less useful than they might otherwise be because so many lawyers aren’t rated. Will charging a fee for inclusion exacerbate the problem? [Real Lawyers Have Blogs; HireTrade Blog]
* Thoughts on the Eighth Circuit fantasy baseball ruling (mentioned in Morning Docket), from Professor Neil Richards. [Concurring Opinions]
* Dionne Warwick is a tax deadbeat? Say it ain’t so! [TaxProf Blog]
* Have a favorite New York blawg / blawger? Vote for them here. [Sui Generis]
We fondly remember this episode of 90210: “Brenda gets into a car accident. The woman involved in the accident claims she has whiplash and threatens to sue the Walsh family.”
But then, when Brenda visits the woman at home to apologize, she looks through the living room window — and sees the woman jazzercising in front of her TV!
We were reminded of it by this AP story:
An appeals court judge was indicted on charges of scamming $440,000 from insurers by claiming he suffered debilitating injuries in a car crash, even while he golfed, skated and went scuba diving, federal prosecutors said….
“The bodily injury he says he sustained we believe was fraudulent,” U.S. Attorney Mary Beth Buchanan said.
According to the indictment, Pennsylvania Superior Court Judge Michael Thomas Joyce “received $390,000 from his insurer, Erie Insurance Group, and $50,000 from State Farm Insurance, which insured the other driver.” But maybe the insurers should have been a little suspicious:
Prosecutors said Joyce’s car was rear-ended at about 5 mph in August 2001, and no police or medical personnel were called…. [Yet] Joyce complained of debilitating injuries, anxiety and difficulty sleeping and claimed they prevented him from pursuing higher judicial office, prosecutors said.
If you’re driving 100 miles per hour, but in a hybrid vehicle, can you still get pulled over? Unfortunately for Al Gore III, yes. From Reuters:
The 24-year-old son of former Vice President Al Gore was arrested for drug possession on Wednesday after he was stopped for speeding in his hybrid Toyota Prius, a sheriff’s official said.
Al Gore III — whose father is a leading advocate of policies to fight global warming — was driving his environmentally friendly car at about 100 miles per hour on a freeway south of Los Angeles when he was pulled over by an Orange County sheriff’s deputy at about 2:15 a.m.
Speed limits suck. Why can’t we institute a system of “speeding offsets,” like the market for carbon offsets? Grandmothers in Boca Raton, who consistently drive 10 miles under the speed limit, could supplement their incomes by selling the right to speed. Who needs Social Security?
After the traffic stop, things only got worse for young Al. From the New York Daily News:
Deputies then searched the car, and Gore faced an inconvenient truth when they allegedly found a small amount of pot and mind-altering pills – Xanax, Valium, Vicodin and Adderall.
“He does not have a prescription for any of those drugs,” [a sheriff's spokesman] said.
Finally, we loved this little detail:
Al the 3rd lives in Los Angeles and works for GOOD magazine, which describes itself as “media for people who give a damn.”
Hey, have you read Above the Law for like one single minute in the past month? If so, you probably know that we’re having this big blogger conference on March 14th at the Yale Club. Yeah, the Yale Club. You’ll be able to recognize me: I’ll be the only big… blogger guy surreptitiously holding a can of crimson spray-paint.
Speaking of coming, you should come. We’ve got CLE and all that. Click here to buy tickets to get CLE credit for listening to bloggers scream about stuff on the internet.
To refresh your memory, details on the panel that I’m moderating — almost entirely sober, mind you — follow.
My panel is called Blogs as Agents of Change, and we’re going to talk about whether all of these spilled pixels are actually making a difference. You know my view… just ask Lawrence Mitchell, but here are the panelists:
So you spent a considerable amount of time courting, selling and maybe even doing some friendly stalking of that attractive lateral partner candidate with a sizable book. After he or she ignored your emails and didn’t return your calls, a few weeks go by and you read a press release in the legal media announcing the recent move to a competing firm.
Rats. Another one got away from you. You cringe when you consider how much time was spent in meetings that did not bear fruit. Your heart aches when recall how you were led to believe this was a marriage made in heaven.
You have been rejected.
The sting of rejection is painful, even for fancy law firms. But you need to find a way that you can turn this disappointment into a legitimate learning experience.
No, this isn’t a pre-party before we come back next fall for the real thing. This IS the real thing. Quinn Emanuel is pushing the envelope on recruiting. The party is now. This is when you meet the partners and associates face to face. This is when we begin the dance that could land you an offer for your second summer BEFORE school starts in the fall.
First: You come to the party. Second: If you like us, you send your resume after June 1, 2014. Third: If we like each other, you get an offer.
We’re not waiting for fall. We’re not doing the twenty minute thing. This party is the real thing!
We hope you’ll join us, and look forward to meeting you.
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