* So now the judge accused of watching porn from a courthouse computer admits to watching porn on a courthouse computer. Let me just get this out of the way: if I’ve used your computer, it was probably to watch porn. [Chicago Sun-Times]
* Too soon for Aurora jokes? I think it’s weird that more people believe in waiting periods for zingers than for handguns. [Tax Prof Blog]
* Lance Armstrong’s suit against the U.S. Anti-Doping Agency was dismissed by U.S. District Judge Sam Sparks. How come the only athlete that seemed to get his day in court was Roger Clemens? [Bloomberg]
* Another kid is packing in his sports dreams to go to law school. Though, in fairness, one of the few things worse than the law graduate economy is probably the NHL economy. [North Dakota Inforum]
* I think Republican political candidates should know by now that they only bands they are allowed to like are country music bands. If they want to like non-country music, they should get the artist’s approval, in writing. Meanwhile, liberals are allowed like all kinds of music, even music performed by people who don’t know what they are talking about. [What About Clients?]
* Attorney and rape victim Shauna Prewitt has some facts about rape that apparently Todd Akin didn’t know. [xoJane]
* In case you’ve been sleeping under a rock, Mitt Romney picked Rep. Paul Ryan as his Vice Presidential running mate. Putting politics aside, this is a great pick, if only because Ryan is so handsome. Seriously, he’s a total stud. [Wall Street Journal]
* “How can I be the one guy with a good degree who is going to be chronically unemployed?” Sadly, many lawyers are still looking for jobs after (multiple) layoffs, but thanks to a lack of positions, employment is just “not in the cards” for them. [New York Times]
* Deadliest clerkship? The Washington, D.C. judge who presided over one of the most violent mass shooting cases in the nation’s capital was reportedly held up at gunpoint last week, with her law clerk in tow. [Fox DC]
* Something is rotten in the state of Denmark Texas. Judge Sam Sparks “know[s] the smell of bad fish,” and now wants to know why the USADA waited so long to bring charges against Lance Armstrong. [Bloomberg]
* After reversing a bankruptcy court’s decision that loan repayment would be an “undue hardship” for a law school debtor, a judge took the time to rip law schools a new one over escalating tuition. [Oregonian]
* Match.com class-action plaintiffs found no love in court after a federal judge ruled that the dating website hadn’t breached its user agreement. Much like their love lives, their claims aren’t getting any action. [Reuters]
* A man who is his own lawyer has a fool for a client: 23% of all cases filed in the federal court for the S.D.N.Y. are brought by pro se litigants, and the vast majority of them seem to have lost their minds. [New York Post]
* From the White House to the ivory tower: Cass Sunstein is leaving OIRA to return to Harvard Law. Perhaps his thoughts on behavioral economics and public policy will be appreciated in academia. [New York Times]
* Jared Loughner is reportedly set to plead guilty in the Arizona shooting attack that killed six people, including Judge John Roll, and injured 13, including former Representative Gabrielle Giffords. [Los Angeles Times]
* Lance Armstrong is going for the gold against the U.S. Anti-Doping Agency, this time with a bid to Judge Sam Sparks for a restraining order blocking the USADA from forcing the cyclist into binding arbitration. [Bloomberg]
* “[T]his is not the time for us to become an international accrediting agency.” The ABA will remain a faulty U.S. accrediting agency, because the Legal Ed Section voted against accrediting foreign law schools. [ABA Journal]
* Apparently Texas Tech Law has more than beauty queens. Secretary of Defense Leon Panetta has appointed dean emeritus and current law professor Walter Huffman to the new Defense Legal Policy Board. [KCBD 11]
* Remember Joshua Gomes, the UVA Law student who allegedly broke into the school’s registrar office? As it turns out, there’s no more “allegedly” about it. We’ll likely have more on this news later today. [Daily Progress]
* Law school graduates’ tales of woe are still making headlines in newspapers. Please take heed, 0Ls, and remember that you decided to discount this info if you’re told that you “should have known better.” [Oregonian]
* If you want to eat mor chikin but the thought of supporting Chick-fil-A’s stance on gay marriage is giving you indigestion, now you can eat your fill with the assistance of Ted Frank’s chicken offsets. [Huffington Post]
* Following yesterday’s hearing, Kleiner Perkins may be able to get a second bite at the proverbial apple after a judge tentatively denied the firm’s bid to arbitrate Ellen Pao’s gender discrimination suit. [The Recorder; Bits / New York Times]
* Ogletree Deakins has allegedly got 99 299 problems, and a b*tch ain’t one billing errors are all of ‘em. Arizona’s Maricopa County wants a refund, and it plans to debar the firm from additional work for the next three years. [ABA Journal]
* Not everything’s bigger in Texas: attorneys for Lance Armstrong have refiled a shorter version of his lawsuit against the U.S. Anti-Doping Agency after suffering a brutal benchslap at the hands of Judge Sam Sparks. [Los Angeles Times]
* Screw your ban on non-lawyer investors, we’ll expand anyway! Jacoby & Meyers merged with Chicago’s Macey Bankruptcy Law to create a 300-attorney adventure in awful lawyer advertising. [National Law Journal]
* “I don’t care what the law says, you’re getting a summons.” Sorry, officer, but you don’t mess with a Brooklyn Law student’s booze, because he’ll challenge New York’s open-container law. [City Room / New York Times]
Yesterday, we brought you news of a rather lengthy lawsuit that was filed by professional cyclist Lance Armstrong against the U.S. Anti-Doping Agency (USADA). The sports agency had accused Armstrong of doping during his time as a record-setting Tour de France champion, despite the fact that the athlete claimed to have been drug tested more than 500 times in his career, never once yielding a positive result.
Alas, it seems that Armstrong’s dreams of vilifying the USADA were quickly crushed, less than seven hours after his suit was filed. As we sarcastically noted in Morning Docket, perhaps we ought to look into judicial doping, because the suit was dismissed with a quickness we’ve never seen before. But in all seriousness, while a land speed record for benchslapping may have been achieved, it can only be attributed to Judge Sam Sparks’s incredibly quick wit and low tolerance for bullsh*t.
Let’s take a look at the Benchslap King’s Order in a case that managed to grab national media attention just as swiftly as Judge Sparks slapped it down….
* Dewey know how many professional firms have been allowed to stay on as advisers for the largest law firm bankruptcy in U.S. history? Six out of nine firms were permitted to continue services, but Proskauer wasn’t one of them. [Am Law Daily (sub. req.)]
* In other defunct firm news, Al Togut will be presenting Dewey & LeBoeuf’s former partners with a proposed settlement on Wednesday. You’ve been warned: prepare yourselves for some Biglaw-style bitching. [Thomson Reuters News & Insight]
* Despite reports of the billable hour going the way of the dodo bird, it looks like they’re here to stay. Right now, corporate law departments are still much more excited about alternative billing arrangements than law firms. [WSJ Law Blog]
* Judge Sam Sparks, the King of Benchslaps, dismissed Lance Armstrong’s lawsuit against the USADA in record time. That ruling came too quickly — guess it’s time to investigate judicial doping. [New York Times]
* Marc Dreier’s son, Spencer Dreier, is representing himself pro se in a defamation suit against his former college roommate. Looks like Daddy couldn’t spring for his kid’s lawyer while he was in the clink. [Bloomberg]
* A California woman claims that the Food and Drug Administration’s methods regarding sperm donations are unconstitutional. Why should she have to go to an intermediary to get sperminated? [Huffington Post]
* Do you smell what The Rock is cooking? It’s not exactly something to be proud of. Actor Dwayne Johnson is listed as a “co-conspirator” in a $1.8M fraud lawsuit that’s been filed by a South Florida family. [NBC Miami]
Chief Judge Edith Jones: Underneath her robe beats a judicial diva's heart.
Can you enforce civility by being… uncivil? That’s the question being raised, over and over again, by federal judges from Texas these days.
Before we get to the latest ridiculousness, let’s review. Back in August, Judge Sam Sparks (W.D. Tex.) benchslapped some rude lawyers with a snarky order inviting them to a “kindergarten party,” where they would learn such lessons as reasonableness and courtesy.
Ironically enough, some found Judge Sparks’s civility-seeking order to be… rude. Chief Judge Edith Jones (5th Cir.) issued an email reprimand to Judge Sparks, condemning his “caustic, demeaning, and gratuitous” order as “cast[ing] disrespect on the judiciary.” Some observers in turn thought it rude of Chief Judge Jones to call out Judge Sparks in writing, so publicly — she cc’d all of the other Western District of Texas judges on her email — when she could have just made a private phone call.
Chief Judge Jones is a highly regarded conservative jurist and a fixture on Supreme Court short lists, but she might not be the best authority on civility and etiquette these days. Check out the latest craziness — an en banc hearing before the Fifth Circuit that generated judicial fireworks, culminating in Judge Jones essentially telling a colleague to STFU or GTFO….
The benchslapper has become the benchslapped. Judge Sam Sparks, of the U.S. District Court for the Western District of Texas, just got smacked around by a higher authority: Chief Judge Edith Jones, of the U.S. Court of Appeals for the Fifth Circuit.
Last month, Judge Sparks issued a sharply worded order in which he compared the counsel appearing before him to squabbling schoolchildren — and invited them to a “kindergarten party,” where they would learn such lessons as “how to telephone and communicate with a lawyer” and “how to enter into reasonable agreements about deposition dates.” In the end, Judge Sparks ended up canceling the party, after the publicly shamed lawyers worked out their issues — but not before his infamous order received national attention within the legal community.
Many observers were amused by Judge Sparks’s order — which was not the first time His Honor has gotten saucy with lawyers in recent weeks (or in his judicial career, for that matter). But a minority felt that the order was over the top and gratuitously nasty.
Among the unamused: Edith Jones, who oversees the federal courts of Texas in her capacity as Chief Judge of the Fifth Circuit. What did she have to say to Sam Sparks?
But August wasn’t just about natural disasters — there were plenty of man-made disasters to deal with in the legal world. From the egomaniacs to the technologically-impaired, August was full of candidates for our Lawyer of the Month competition….
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