Lawsuit of the Day

Don’t you just hate it when rude and inefficient airline administrators ruin your vacation by stranding you on the ski leg of your vacation in Aspen, causing you to almost miss your cruise leaving out of Florida? It’s so annoying to have to stay in a series of luxury hotels across the country because the airline industry can’t get its act together.

I’m doing a silly parody of rich people problems, but honestly, if I have to choose between well-offf Americans and the fools and crooks who run the airline industry, I’m going to throw my lot in with the rich people every time. Especially when some employees are allegedly hurling racial insults at them.

It was a wild holiday vacation for the the Shulick family of Philadelphia. Luckily, patriarch David Shulick is a lawyer, so he knows that when the airlines push you around, you can sue….

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SunChips don't grown on trees.

As close readers of Above the Law will guess, I only go to Whole Foods when I feel like mocking the pasty vegans who are too emaciated to defend themselves. We live in a modern world of delicious processed foodstuffs. People ate “organic” or “all natural” food back in hunter-gatherer times, right before they died at the ripe, old age of 32 from lack of protein over the winter.

Last year, we learned that “real beef” doesn’t exactly have to mean everything in your taco is beef. Now, we’ve got a lawsuit that asks how “natural” a snack has to be for it to be called “all natural”….

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Paisley Dickey (left) and Pretty Woman (right)

You don’t have to watch much reality television to understand that these days, many cable networks are trying to capitalize on the drama caused by little girls and their overbearing stage mothers. Take, for example, TLC’s Toddlers & Tiaras, a show that that gives viewers an inside look at the often controversial world of children’s beauty pageants. Apparently the resultant mother and daughter tantrums were just too good to keep off the airwaves.

But in late 2011, viewers expressed outrage over the pageant industry’s tendency to sexualize children. After all, with mothers dressing their daughters like surgically-enhanced country singers, fake breasts and all, or hookers with hearts of gold, how could viewers be anything but horrified? In all honesty, some of these little girls — the ones who don’t aspire to be tax lawyers, at least — look like complete prosti-tots (see above).

This backdrop brings us to today’s Lawsuit of the Day, where the mother of one of these tiara-toting toddlers alleges that a well-known celebrity gossip site had a hand in scandalizing her daughter….

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Todd Remis and Milena Grzibovska (his ex-wife)

Remember Todd Remis? How couldn’t you? He’s the disgruntled groom with a Biglaw daddy whose ridiculous lawsuit against his wedding photographer made national news when it hit the New York Times. Why so ridiculous? Because he decided to sue six years after the wedding and one year prior to his divorce being finalized (and he continued to prosecute the suit even after the divorce).

At first glance, Remis’s suit seemed like a simple contract dispute. But thanks to Above the Law, he acquired the title of “groomzilla,” due to deposition testimony where he stated:

“I need to have the wedding recreated exactly as it was so that the remaining 15 percent of the wedding that was not shot can be shot.”

Many publications took our “groomzilla” title and ran with it, leaving Remis as the butt of many jokes. But now, more than two months after the story first broke, Remis has emerged from hiding to combat the New York Times version of his lawsuit. Remis wants to tell his side of the story, and he’s got a website to prove it….

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Gregory Berry

As mentioned briefly yesterday, a New York state court judge just dismissed the celebrated lawsuit of Berry v. Kasowitz Benson. As you may recall, a former Kasowitz first-year associate named Gregory Berry, who entered the legal profession after “conquering Silicon Valley,” sued his former firm for over $77 million. In his kitchen sink of a complaint, filed pro se, Berry tossed in some 14 causes of action, including wrongful termination, fraud, and breach of contract.

It appears that Berry’s “superior legal mind” failed to impress Justice Eileen Bransten of New York Supreme Court. Ruling from the bench, she dismissed his entire case, with prejudice.

But that’s not all. Her Honor was displeased when Greg Berry walked out of her courtroom before the hearing was over, while she was still putting her ruling on the record. So later this month, he’ll have to appear before Justice Bransten again and explain why he shouldn’t be held in contempt….

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The BCS National Title game pits the LSU Tigers against the Alabama Crimson Tide. The game takes place on Monday, January 9th.

It is unlikely that any work will be done in the states of Louisiana or Alabama on January 9th. Here are the dates for the next few BCS title games. It is unlikely that any work will be done in at least one state who has a school in the Southeast Conference.

SEC schools play for national championships in part because SEC fans take football so damn seriously. It’s not just a sport down there — it’s more like SEC fans cling to their guns and religion because they never know when either will help their team win a football game.

Why expect them to come to work on National Championship day? Or court? It’s just cruel. It’s regionalist. It just means we’re going to have slews of motions to continue like this one from an LSU fan who happens to be a lawyer in his spare time….

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Nice acid wash jeans.

You always hear urban legends (and some of them turn out to be real cases) about burglars who sue — and win against — homeowners for injuries sustained during the robbery. These are the kinds of cases that make you wonder how the justice system even functions, because you can literally sue for just about anything these days.

Oh, you fell through a skylight while you were attempting to burglarize a home and cut your arm? File a lawsuit! You tried to steal a television set from your neighbor and got bitten by his dog in the process? Time to litigate! So, what happens when you’re on the run and you decide to break into a couple’s home and hold them hostage?

Our latest pro se criminal litigant decided to up the ante. He’s suing his former kidnapping victims for breach of contract….

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Sleeping Beauty: Not on the fast track to partnership.

I’m a big believer in forcing society to make reasonable accommodations for disabled people. It’s not too much to ask that disabled people be provided with handicapped accessible taxi cabs and buildings. And a special parking spot. Or whatever. If there’s a reasonable thing that society can do to make it a little bit easier to function with a disability, we should do it.

As long as we’re dealing with a real disability.

We used to live in a world where it was pretty easy to identify a disabled person. “Hello. Hello? Oh, you must be deaf.” “Hey, why are a you miserable cuss who keeps screaming ‘hoo ha’ at me? Oh, you must be blind.” “Why did you take out a hundred thousand dollar loan to go to a school that doesn’t help people get high-paying jobs? Oh, you must be retarded.” Man, those were the days.

Sadly, we now live in a world where it’s harder and harder to separate out the really disabled people from those who just can’t get their stuff together. To cope, I’ve developed my own little test: if I wouldn’t want the disability, it’s a real disability. If I’d gladly take the “disability” in exchange for a cash payout, it’s probably fake.

So let me ask you this: would you take a cash payout from your Biglaw firm if I afflict you with the dreaded “I’m really sleepy” disability? Yeah, this woman would too….

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I send my lawyers out unto the world.

I’m not sure it’s fair to call the Vatican “homophobic.” Homophobia contemplates a kind of fear. It’s a prejudice that, like so many, comes out of ignorance.

The Vatican is different. They think they’re at war with gays and lesbians — and who knows how many of these guys are at war with their own sexuality. And as opposed to a mere lack of understanding, there’s that annoying, Vatican-style, moral omnipotence that makes them feel they know exactly where gays and lesbians are going to end up. The Vatican isn’t homophobic so much as it’s homo-hating.

Given all that, I can’t say that I’m surprised that the Vatican is suing over a photoshopped picture of Pope Benedict XVI open-mouthed kissing another man. I’m sure surprised that the Unhate Foundation and an Italian fashion company had the stones to put the picture in an ad campaign all around Italy….

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Todd Remis and Milena Grzibovska

Ever since his heavy-handed lawsuit against his wedding photographer made national news, litigious groomzilla Todd J. Remis has been the butt of many jokes. And he’s also been the subject of much speculation, to wit: What the heck was he thinking?

The lawsuit seems inane and insane (especially when you consider that Remis and his wife are no longer married). But there must be an explanation, right? Todd Remis — a graduate of Bowdoin College, and a former research analyst at several Wall Street firms — is clearly an intelligent man. And his father, Shepard M. Remis, is a litigation partner at Goodwin Procter. So it’s not as if the aggrieved groom lacked access to wise counsel.

A college friend of Todd Remis tries to shed some light on the situation….

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Since we first started covering ridiculous wedding-related lawsuits, we’ve found that the vast majority of the plaintiffs have been women — bridezillas, if you will. But we must warn you, readers, that there is another kind of ‘zilla lurking out there.

This elusive creature is known to hide beneath layers of chiffon and tulle, and will emerge only if angered terribly by wedding vendors. By that time, it is too late to escape, and the unknowing victim will face the wrath of the mythical beast known as the groomzilla.

Today, we have terrifying news of a groomzilla sighting in Manhattan. Why so frightening, you ask? Because this groomzilla is armed with the ultimate weapon: his father is a Biglaw partner.

Which firm is championing this groomzilla’s absurd requests?

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A few years ago, the law firm of Nixon Peabody came up with a catchy jingle to celebrate its own fabulosity. You can listen to the song here, in case you’ve never heard it. The chorus went as follows: “Everyone’s a winner at Nixon Peabody!”

Alas, a recent lawsuit filed against Nixon Peabody by a former partner at the firm, David Tamman, does not put the firm in a very winning light. Instead, it just makes everyone look bad.

The allegations are seamy. What does Tamman allege?

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It’s said that it’s rude to ask a woman her age. In fact, it’s only rude to ask women 30 and over about their digits. It’s far worse, however, to ask a woman with decades under her belt for her age and then to publish it for the world to see. An actress in Texas says it wasn’t just rude but financially costly for her when the movie database IMDB publicized her nearly over-the-hill age in 2008. Cue, Robert Murtaugh.

The Hollywood Reporter has a copy of the actress’s complaint against Amazon.com, which owns the Internet Movie Database, in which she alleges that everyone’s favorite website for figuring out who-that-guy-in-that-one-movie-was-and-what-was-that-other-movie-he-was-in-with-that-girl screwed her over after she signed up for a Pro IMDb account. After entering credit card information and personal details, including her birthdate, to start the account, her age all of a sudden appeared on her public profile page, “revealing to the public that Plaintiff is many years older than she looks,” according to her humble complaint.

Age isn’t just a number, says her counsel, “Internet lawyer” John Dozier, but a $1,075,000 number…

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Your wedding day is supposed to be a special occasion filled with joy and happiness. And for that reason, brides across the country are willing to pay top dollar for the best photographer money can buy, to document the entire experience.

From a bride’s pre-wedding hair and makeup session to her walk down the aisle, someone with a camera will be by her side snapping pictures all the way. And I do mean all the way.

Did you ever think that a picture of you in your skivvies would make its way into your wedding album? This lawyerly bride sure didn’t.

She was blushing alright, but with embarrassment….

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Back in August, we reported that Kurzon Strauss had filed class action lawsuits against Thomas M. Cooley Law School and New York Law School for fraud, negligent misrepresentation, and deceptive business practices. And earlier this week, we started to wonder how those cases would be moving forward, because Kurzon Strauss is apparently no more.

That’s right, the law firm that brought us some of the most prolific class action lawsuits of the year has broken up. Breaking up is hard to do, especially when you’ve got major cases like Gomez-Jimenez v. NYLS and MacDonald v. Cooley Law to deal with.

So, what’s a lawyer to do? Apparently the solution is to file fifteen more class action lawsuits against law schools with questionable post-graduate employment data.

Is your law school or alma mater a defendant? Let’s find out….

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Judge Wayne Phillips: He likes clerk butt and he cannot lie?

When I learned about this lawsuit out of Montana (via Morning Docket), I thought it might be from The Onion or an old episode of Ally McBeal. Reports the Billings Gazette: “A lawsuit has been filed against Fergus County District Court Judge E. Wayne Phillips by a female law clerk who alleges that the judge slapped her in the buttocks with a legal file.”

If the clerk’s allegation is true, was Judge Phillips’s action inappropriate? Certainly. Was it rude? Most definitely. But should it spawn a civil lawsuit, as well as possible criminal charges? Absolutely not.

And wait until you hear what the clerk is claiming in damages….

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We’re a little bit late on the draw with the harassment suit filed against Jesse Jackson on Tuesday. We wanted to see the complaint, and at first, the headline “Gay Guy Wishes Black People Weren’t Such D***s to Gays” seemed underwhelming. We all noticed the strange tendency of some otherwise liberal African-American civil rights leaders to get their panties in a bunch when gays and lesbians ask for the same rights everybody else is asking for.

I blame, God. Or at least, the people who claim to be speaking for him.

In any event, what I thought was a run-of-the-mill, he said, she said story of sexual harassment got a lot more interesting. It turns out that alleged victim, Tommy Bennett, also used his harassment complaint to unleash a full on character attack on the private sex life of Reverend Jesse Jackson. You don’t see Jackson — who was the leader of black people according to white people from when they killed Malcolm until Jackson failed to cut Obama’s nuts off — get attacked like this by people who don’t draw paychecks from Rupert Murdoch.

And yeah, I said the Reverend’s sex life.

Let’s go to the complaint, shall we….

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Gregory Berry

Kasowitz Benson comes to bury Berry, not to praise him. The firm has moved to dismiss the $77 million lawsuit filed against it by Gregory S. Berry, the former first-year associate at Kasowitz who claimed that the firm wrongfully terminated his employment due to its inability to handle his “superior legal mind.” Berry also alleged fraud, breach of contract, and a host of other claims.

On Wednesday, Kasowitz Benson filed its motion to dismiss Gregory Berry’s complaint, accompanied by a 22-page memorandum of law. The firm’s brief is fairly straightforward, advancing the arguments you’d expect it to make.

But there are a few fun tidbits here and there. Let’s have a look, shall we?

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Last night we wrote about a high-profile lawsuit: 3M v. Lanny Davis. Yes, that’s right: the maker of Post-its and Scotch tape is going after Lanny J. Davis, the noted D.C. lawyer and lobbyist, along with his client, Porton Capital (a group of private investors).

It’s a strange lawsuit, but the allegations in it aren’t new. Similar suits were filed by 3M in June and July, in New York state court. (And one of them is still pending, despite the filing of an action in D.C. federal court.)

The primary parties, 3M and the Porton Group, have crossed swords before. In fact, they’re litigating against each other right now in merry olde England, before the High Court in London. In the U.K. litigation, 3M is being sued by Porton Capital and by the British government (in the form of Ploughshare Innovations, an entity owned by the U.K.’s Ministry of Defence).

According to the Wall Street Journal, Porton and Ploughshare allege that 3M failed to diligently develop the BacLite testing technology, “a product already proved and used in Europe as a cheap and quick way of detecting methicillin-resistant staphylococcus aureus, commonly known as MRSA, a hospital infection.” The reason this is so upsetting to Porton and Ploughshare is that they were contractually entitled to receive royalties from 3M’s sales of BacLite. The plaintiffs in the U.K. case claim that 3M abandoned BacLite less than a year after buying it — after botching the BacLite trials, and declaring the testing technology non-viable — “in order to protect a 3M-developed detection product known as Fastman from the less expensive rival posed by BacLite.”

Got that? Okay. Now, some updates to our prior coverage….

UPDATE (9/2/11, 9:30 AM): An update to our updates: a statement from William A. Brewer III, counsel to 3M, has been added below.

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Lanny Davis

Physician, heal thyself? D.C. power broker Lanny Davis, a guru of crisis management, now has a crisis of his own to manage.

Davis has been hit with a federal lawsuit by, oddly enough, one of America’s largest corporations: 3M, the Fortune 100 company and Dow Jones Industrial Average component that’s famous for such products as Post-it Notes and Scotch tape. It’s surprising to see a mega-corporation like 3M going after a high-profile lawyer like Davis.

When you see a large corporation suing a prominent attorney like Davis — who, before launching his own firm last year, was a partner at such firms as McDermott Will & Emery, Orrick, and Patton Boggs — you might expect a malpractice claim. But that’s not the case here….

UPDATE (10:50 AM): Comments from Lanny Davis and his client, the Porton Group, have been added below. They point out that this is 3M’s third bite at the apple — the company previously filed two similar cases in New York state court. (The first suit was withdrawn, while the second still appears to be pending — rather strange, given the D.C. federal court filing.)

UPDATE (5:50 PM): Here is more information about 3M v. Lanny Davis.

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