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….
Continue reading “Lawsuit of the Day: Nightmare Vacation for Rich ‘Honkeys’”

This ship be sinking.
* How many one percenters do you think are members of the 11%? According to this poll, Congressional approval ratings have hit an all-time low. Looks like it’s time to occupy Congress. [CNN]
* Wikipedia is planning a site-wide blackout this Wednesday to protest the Stop Online Piracy Act. At least they’re giving some advance notice. If you’ve got papers to write, hurry up and finish. [Businessweek]
* Racial profiling ain’t easy. Sheriff Joe Arpaio still wants to detain people based on the suspicion that they might be here illegally, so he’s appealing Judge Snow’s ruling. [Washington Post]
* The part you won’t see in the inevitable movie starring Robert Pattinson: victims of Italy’s Titanic reenactment will probably be unable to sue for damages in U.S. courts. [Reuters]
* Here’s the umpteenth rehashing of the “are law schools cooking their employment statistics?” argument. Better question: without minimum standards for employment, does it matter? [NPR]
* Jesse Dimmick — the kidnapper who sued his victims for breach of contract — won’t get his day in court. The “most ridiculous lawsuit of 2011″ has been dismissed. [Topeka Capital-Journal]

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….
Continue reading “Berry v. Kasowitz Benson: Superior Legal Mind Fails to Conquer”

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….
Continue reading “Lawsuit of the Day: Kidnapper Sues Hostages for Breach of Contract”
Remember Venus Springs? She’s the former Mayer Brown associate who alleged discrimination and filed a Title VII complaint against the firm after being fired in September 2008. Well, she’s back, and she’s brought a whole new lawsuit to the table.
So, who is Springs suing this time, and what are her allegations? We’ll give you that information, plus the details of the benchslap associated with her latest case, after the jump….
Continue reading “Benchslap of the Day: A Case of Having Too Much Flair”
It’s been a week of violence here at Above the Law. Between the murder-suicide guy and the judge who beat his disabled daughter, there’s been too much disturbing sadness.
Here at Above the Law, we prefer violence that is maybe, just a little, funny. For those who appreciate the lighter side of crime, we’ve got Joshua Monson. Here’s a guy who has stabbed his way out of his right to an attorney.
How do you lose this fundamental right to representation? Well, by stabbing all of your representation….
Continue reading “It’s Like Having Hannibal Lecter as a Client”
What do Proskauer Rose and Ropes & Gray have in common (besides the seven shared letters in their firm names)?
- They are both leading law firms.
- They both have major presences, their two biggest offices, in New York and Boston.
- They both have blue and gray in their logos.
- And they are both involved in litigation with former employees claiming employment discrimination.
Let’s take a look at the latest news — a fresh lawsuit filed against Proskauer, and updates in a lawsuit against Ropes that we’ve previously covered….
Continue reading “Biglaw Discrimination Lawsuit Potpourri: Proskauer Rose and Ropes & Gray”

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?
Continue reading “Berry v. Kasowitz Benson: The Empire Strikes Back”

Gregory Berry
One of the most compelling characters to populate our pages lately is Gregory S. Berry. As you surely recall, Gregory Berry is the Penn Law grad and ex-associate at Kasowitz Benson who is now suing his former firm for a whopping $77 million.
Thus far, reader sentiment doesn’t seem favorable towards Berry. According to Above the Law sources, Greg Berry wasn’t popular at Penn Law, where he was known for sending strange emails about his traffic court misadventures to his classmates. A tipster who knew Berry during his first career, as a software engineer who “conquer[ed]” Silicon Valley, expressed the view that Berry was “very inflexible,” lacking in a sense of perspective, and “not a good fit with the dot.com 1.0 work-style.”
In fairness to Berry, however, we have heard more positive opinions as well. For example, one Penn classmate described Berry to us as “a nice, smart dude, and a go-getter.”
And now a second source has contacted us, also to defend Greg Berry — and to criticize Berry’s former employer, Kasowitz Benson Torres & Friedman….
Continue reading “In Defense of Gregory Berry (Plus a few more funny stories.)”
You didn’t think we’d just get one day out of the Gregory Berry story, did you?
Since we posted about Berry, the former Kasowitz Benson associate who is suing the firm for $77 million, Above the Law readers have been sharing their opinions about working with him.
Some of our readers went to Penn Law School with Berry. Others worked with him when he was busy “conquering” Silicon Valley. They remember an interesting guy.
Let’s take a look at their opinions….
Continue reading “Remembrances of Gregory Berry”

Gregory Berry: the $77 million man.
This morning we mentioned a lawsuit filed against litigation powerhouse Kasowitz Benson and two Kasowitz partners by Gregory S. Berry, a former first-year associate at the firm. Berry’s 50-page complaint, filed in New York state court, contains 14 causes of action, including wrongful termination, fraud, and breach of contract. Berry seeks a whopping $77 million in damages — $2.55 million in estimated lost income, and $75 million in punitives.
After working as a software engineer in Silicon Valley for several years, Gregory Berry matriculated at the University of Pennsylvania Law School. He graduated from Penn Law in 2010 and was admitted to the New York bar in 2011. He summered at Kasowitz in 2009 and started working at the firm full-time in September 2010. Less than a year later, in May 2011, he was fired.
According to Berry’s complaint, he “immediately began doing superlative work” at Kasowitz. Alas, the law firm was unable to accommodate his “superior legal mind.” After he began seeking greater responsibility in a way that rubbed some colleagues the wrong way, he got canned.
“There’s simply no room in a big law firm for an intelligent, creative lawyer with real-world experience,” Greg Berry told Thomson Reuters News & Insight. “I had to find that out the hard way.”
Let’s have a look at his interesting allegations, plus hear from some tipsters….
Continue reading “Lawsuit of the Day: Ex-Kasowitz Associate With ‘Superior Legal Mind’ Sues the Firm for $77 Million”
April’s Lawyer of the Month victor won in a landslide. He’s also the first person to win the contest for his practice of law (as opposed to his death or his desire to quit the practice of law).
Yes, I think I speak for all legal bloggers out there by wishing April’s Lawyer of the Month a warm congratulations…
Continue reading “Lawyer of the Month: Lots Of Things Mistrials Can Win You”

Andrew Shirvell (far right) and Chris Armstrong
Here’s a quick update on a past Lawsuit of the Day. Last month, Chris Armstrong, the openly gay ex-president of the University of Michigan student body, sued Andrew Shirvell, the former Michigan assistant attorney general and outspoken opponent of homosexuality. As you may recall, Shirvell criticized Armstrong in a blog called Chris Armstrong Watch, making allegations that according to Armstrong were false, and Shirvell also followed Armstrong around Ann Arbor. So Armstrong sued Shirvell for stalking, invasion of privacy, and defamation (among other claims).
Now Andrew Shirvell is firing back. Last week, Shirvell, proceeding pro se [FN1], moved to dismiss Chris Armstrong’s lawsuit.
Not surprisingly, Shirvell claimed in his motion to be a victim: “Plaintiff’s course of conduct was politically motivated and intended to make an example out of Defendant in order to deter others from criticizing Plaintiff’s homosexual activist agenda.” More specifically, Shirvell argued that certain counts of the Armstrong complaint fail to state claims upon which relief can be granted, that Shirvell’s criticism of Armstrong was protected by the First Amendment, and that Shirvell never had direct contact with Armstrong (e.g., by email or by phone).
In addition, Shirvell lodged some counterclaims against Armstrong. What is the basis for Shirvell suing Armstrong?
Continue reading “Shirvell Won’t Shrivel: Former Michigan Prosecutor Turns It Around on Chris Armstrong”
We’re a little bit late with April’s lawyer of the month reader poll. First of all, we’ve been doing a lot of reader voting so far in this month. (There are still a few hours for you to vote in our Law Revue Video Contest.)
The other reason why we’re a bit delinquent this month is because we think we know who is going to win. It’s not every day that a recent law grad finds himself trying a murder case — and getting reprimanded by the judge for “lack[ing] knowledge of proper trial procedure.”
Such is life during the Obama “recovery.” Check out this month’s nominees below…
Continue reading “Lawyer of the Month: April Reader Poll”
Still shocked that yesterday our attorney lost to a pro se litigant that was immediately taken into custody after the verdict for drinking in court, being drunk while in court and blowing a .13!!!
– Status update of a person who works for a tow truck company who watched something horrible happen.
Here’s some good news for lawyers who enjoy blogging or instant-messenger services like Gchat. It’s right in the headline of this here National Law Journal story: Smiley face, snark, don’t render law grad unfit to practice.
Many of us get snarky in our personal writing, and many of us employ emoticons in email messages or Gchat exchanges. As litigators well know, sometimes a cold transcript doesn’t adequately convey tone. For this reason, I’ve even seen federal judges use winking smiley-face emoticons in email messages.
But you shouldn’t use smiley faces in documents you file with the court — even the super-icky courts that hear traffic appeals (yes, they exist). This is a lesson that Marilyn Ringstaff, a 2006 graduate of John Marshall Law School, learned the hard way….
Continue reading “Would-Be-Lawyer of the Day: Don’t Put ☺ in a Court Filing”

Jonathan Lee Riches and Jared Loughner
Over the past year, we haven’t covered a lot of the crazy lawsuits initiated by Jonathan Lee Riches. The man has sued everybody from Eliot Spitzer to Molly Ringwald. At some point, you get used to the drill. And there are always other crazy pro se litigants to write about.
But the embarrassment of riches in Riches’s latest complaint should remind everyone why he is still the king of pro se whackjobs. On January 24th, he filed for a temporary restraining order against Jared Lee Loughner, the alleged shooter in the Tucson attacks. Riches claims that if the Bureau of Prisons should transfer Loughner to the Lexington, Kentucky facility that currently holds Riches, Loughner might use “his bare hands or a prison shank to kill me for being a moderate Democrat.”
And if you know anything about Riches, you know that quote isn’t anywhere near the craziest claim in his complaint…
Continue reading “Pro Se Filing of the Day: Jonathan Lee Riches v. Jared Lee Loughner”
For a long time, Jonathan Lee Riches reigned as Craziest Pro Se Litigant in America. But at a certain point, JLR jumped the proverbial shark. His handwritten complaints, making bizarre allegations against everyone from Michael Vick to Martha Stewart to the late Benazir Bhutto, were just too clever by half. And once he passed the 1,500 mark in lawsuits, his shtick got… old.
Fortunately we have a new favorite pro se party for you. Meet Deborah Frisch (or Deborah E. Frisch, Ph.D., as she identifies herself in court filings). Frisch appears to be something of a loon, despite her doctorate and past teaching positions at such schools as the University of Oregon and the University of Arizona. Ironically enough, or maybe not so ironically, the nutty professor teaches… psychology.
Here’s the charming opening paragraph from a document that Frisch filed last week in federal district court in Oregon:
Plaintiff shall henceforth refer to self as litigant since she is defendant, appellant or plaintiff, depending on which shyster-vermin she is dealing with. Litigant files this response to the order filed by Docket Clerk Brinn and signed by USDC-OR Magistrate Coffin deeming all pending motions… moot since the frocked cowfucker in San Francisco denied the plaintiff’s appeal.
The “frocked cowfucker” appears to be the Honorable Alex Kozinski, Chief Judge of the Ninth Circuit, who served on a panel that rejected a Frisch appeal. For the record, his chambers are in Pasadena, not San Francisco.
Let’s look at the rest of Frisch’s filing, shall we?
Continue reading “Pro Se Litigant of the Day: Deborah Frisch, Ph.D.
Practice pointer: don’t refer to judges as ‘frocked cowf**kers.’“
You don’t know how to ask a question. You don’t know how to offer things into evidence. You keep making stupid speeches. You keep saying you are good at this. You are not. I do not say this to insult you.
– Justice Carol Berkman to Robert Camarano, a pro se litigant representing himself in a murder trial in New York State Supreme Court.
“I used to be a bank robber.”
That’s an attention-grabbing lede for a personal essay for a law school application. Or:
“The Supreme Court granted my very first petition for cert. And then ruled in my favor unanimously.”
Shon Hopwood, 34, could start his application with either one of those statements. Convicted of five robberies in Nebraska in the late ’90s, he was sentenced to prison for 13 years, writes Adam Liptak in the New York Times:
Mr. Hopwood spent much of that time in the prison law library, and it turned out he was better at understanding the law than breaking it. He transformed himself into something rare at the top levels of the American bar, and unheard of behind bars — an accomplished Supreme Court practitioner.
Hopwood wrote a petition for cert for a fellow inmate, John Fellers, in 2002. Not only was it granted, veteran Supreme Court advocate Seth Waxman says, “It was probably one of the best cert. petitions I have ever read.”
High praise for a dude who doesn’t even have a law degree…
Continue reading “Jailhouse Lawyer of the Day: Shon Hopwood”