Sexual Harassment

sexual-harassmentWe can argue the finer points of what is and is not sexual harassment around here, but there’s some behavior that we can all agree on. Like begging an employee for sex 78 times in an hour, or on average once every 46 seconds. Frankly, you’ve got to credit his ability to make the most of a billable hour.

We wrote about this earlier this year, when he was first slapped with a $100,000 fine and eight-month suspension for not only badgering the woman for sex, but also secretly filming her around the office. On those facts alone, it seemed like he might have deserved a longer timeout.

Now an appeals panel has reduced his suspension to a mere two months and it turns out his surreptitious recordings actually helped him….

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A gaggle of Harvard Law professors took to the pages of the Boston Globe to complain about Harvard University’s new sexual harassment policy. Some are siding with the professors who raise serious-sounding concerns about the lack of “due process” in the Harvard policy, drafted in rapid response to the Department of Education’s report calling out a number of campuses for woefully inadequate sexual misconduct policies.

It’s the sort of thing professors like to do because it makes them feel cool to be all contrarian to suggest that cracking down on the systematic mistreatment of women is somehow a bad thing. Throwing the veneer of “rights” in there makes it sound all highfalutin too. And there’s good reason to worry about due process generally. Over at Redline, Elie is super concerned about it. Elie has been duped.

But when you dig into the law professors’ letter, it’s really kind of offensively dumb…

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* Looks like someone took a lesson from ATL’s Worst Law School bracket and put out a Worst Colleges in America list. We provide a very important service. [NPR]

* Converse is suing over 31 alleged Chuck Taylor imitators. Are they mounting a “full court press”? Get it? Yeah there was pretty much no way around that one. [Fashionista]

* Lawsuit reveals that struggling business couldn’t keep stores open but could shell out to keep CEO in her 4,560-square-foot home. [Seattle Times]

* Harvard Law faculty members join a statement protesting the university’s new sexual harassment policy. [Boston Globe]

* Is a sheath dress acceptable interview attire? Asking for a friend. [Corporette]

* Aaron Zelinsky’s interesting review of Lat’s upcoming novel, Supreme Ambitions, viewing the characters through the lens of William Deresiewicz’s Excellent Sheep (affiliate links). [Huffington Post Books]

* Which is more galling? That the magistrate tried to weasel out of performing a legal same-sex marriage or that the newspaper felt this worthy of a poll? [The Virginian-Pilot (Hampton Roads)]


* Mexican drug cartels are moving beyond shipping cocaine and are starting to grow the stuff too. As long as they stop hijacking lime shipments and driving up margarita prices. [Vocativ]

* The prosecutor who admitted Ray Rice into a pre-trial intervention program (and there are pros and cons to that decision) specifically denied the same option to a working single mother of two who didn’t realize her out of state gun permit wasn’t accepted. She was offered a 3+ year prison deal. Because, you know… prosecutors. [Huffington Post]

* If you’re planning on getting arrested in New Orleans — and who isn’t? — don’t get arrested at night. [The Times-Picayune]

* A federal judge is accused of sexual misconduct with a clerk. I had to check twice to make sure this wasn’t just a plot point in David’s upcoming book (affiliate link). [Waco Tribune-Herald]

* Defense lawyer allegedly drives drunk… to the courthouse. [Indianapolis Star]

* The complex legal tapestry of sandwiches. [The Atlantic]

* “Mathew Martoma’s Parents Raise Some Good, Less Good Points.” [Dealbreaker]

* If you were interested in the mélange of issues surrounding privilege, whistleblowing, and litigation finance, here’s a primer. [LFC360]

* Jimmy Kimmel asked some New York Fashion Week attendees about Justice Scalia. Hilarity ensues. Video embedded below… [YouTube]

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Note that Mr. & Mrs. Met have an old-fashioned, traditional marriage just like the front office wants.

Mets. Incompetent? Sexist? Both?

These are the questions asked in a new lawsuit filed yesterday in the Eastern District of New York. In fairness, the first question shouldn’t really be a question assuming a passing understanding of baseball since, say, 1986. I guess there was the year that the NL sent them up to get hammered into submission by the Yankees (who let them win a game!), but no one writes epic songs about cannon fodder. If you haven’t been following the ongoing train wreck of the damned that is the New York Mets, don’t fret, this new complaint can bring you up to speed.

Because the best part of the complaint is its blistering account of just how bad the Mets are at the whole “baseball” thing.

A former Mets executive, Leigh Castergine, is suing the Mets and Jeff Wilpon, the Chief Operating Officer for discrimination, retaliation, and a violation of the Family and Medical Leave Act. Castergine was charged with boosting ticket sales, so a substantial question surrounding her dismissal will be whether she was a failure at her job or whether she was set up to fail.

It’s not shocking to believe that any obstacles she encountered stemmed from incompetence in the front office and on the field.

What is shocking are the allegations detailing the verbal and emotional abuse Castergine took from Wilpon and those acting under his management….

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Kid Rock

Last September, we told our readers about a sexual harassment lawsuit that was filed by former in-house attorney and publicist Andrea Pellegrini against the Insane Clown Posse and Psychopathic Records, the controversial music group she used to work for and its associated record label. In her complaint, Pellegrini alleged that she was forced to endure “pervasive harassment” during the course of her employment, including, but not limited to, being given a “large dildo” while at work, which she politely refused to accept. Lovely.

This summer, a deposition revealed that after Pellegrini rejected the sex toy, it was allegedly given to Kid Rock by former Psychopathic employee Dan Diamond (d/b/a “Dirty Dan”). Pellegrini’s attorneys then sent a subpoena to the musician, giving him 14 days “to respond and produce the dildo.”

Two weeks have passed, and Kid Rock himself responded to the lawyers’ inquiries, requesting that all parties involved in this ridiculous dildo scavenger hunt find one and shove it up their respective asses…

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* Have you all called the Breaking Bad law firm number yet? Because it works, so go for it! [Legal Cheek]

* How to make airlines more profitable: make everyone sit on bicycle seats! [Lowering the Bar]

* Ilya Somin explains why the D.C. Circuit’s interpretation in Halbig isn’t absurd. And it’s not absurd. It just reflects the hilariously cynical conservative opposition to giving their own citizens tax breaks. [The Volokh Conspiracy / Washington Post]

* Ohio State fired its band director amid sexual harassment allegations. To fire a guy, Ohio State must have dotted every “i” in this investigation. [USA Today]

* Speaking of sexual harassment, the Navy’s Blue Angels are the subject of a sexual harassment suit. And somehow it involves a blue and gold penis seen from space. [Slate]

* The Chevron battle over Ecuador continues. Turns out the star witness Chevron paid upwards of $1 million to testify took 50 days of prep to finally get his ever-shifting story straight. [Huffington Post]

* There’s a new book out called Kate’s Escape from the Billable Hour (affiliate link). We haven’t read it, but apparently this tale of “a burnt-out, second-year attorney working in the dysfunctional world of Big Law” mentions ATL. So they definitely did their research. [Amazon]

* Watch a drunk guy give cops a lesson in Con Law. Video after the jump…. [Barstool Sports]

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* Man claims his former employer discriminated against him because he was an atheist. Yep, this Hobby Lobby thing isn’t going to have any repercussions at all. [Lewiston-Auburn Sun Journal]

* Speaking of atheists and SCOTUS, the Court may have authorized the Town of Greece to get all religiousy at town board meetings, but an atheist is stepping up to the plate to deliver an invocation. Freedom of religion does mean he gets a turn. [Rochester Homepage]

* There’s an icky sexual harassment story coming out of an elite L.A. school. And they’ve hired an elite law firm to investigate. [Gawker]

* Cops do hear some pretty funny stories when they pull people over. [Legal Juice]

* If you’re out of work, here’s an idea: this solicitor-to-be posted a selfie with a pigeon on Facebook and got an offer — along with a lot of publicity. [Legal Cheek]

* Is the future of legal education online? Perhaps the better question is, “How will law schools overcharge when they no longer have brick-and-mortar facilities?” [Tipping the Scales]

* A judge explains that incest and pedophilia aren’t such big deals anymore because gay people are accepted. Wow. [Jezebel]

* Are you keeping up with Kirby v. Marvel? Because Jack Kirby’s estate is making a run at the Supreme Court in a case that affects billions. Embed below… [Bloomberg]

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via Twitter

* According to his former lawyer, The Situation’s tan is as fake as his checks. [Defamer /Gawker]

* The folks at New Republic explain the Notorious R.B.G. phenomenon in such excruciating detail as to make it really kind of awkward. [New Republic]

* Lawyer who asked trainee 78 times to have sex with him and then secretly filmed her around the office gets an eight-month suspension and a fine. Seems like it should be more than that… [The Age]

* Dealing with outfit “compliments” and maintaining your confidence. Frankly, learning how to deal with passive-aggressive jerks is an important skill for any working lawyer. [Corporette]

* Law schools are in trouble, but something’s blocking reform: the ABA. Seriously, this article is probably a shocker if you haven’t been reading ATL for years. [Forbes]

* Day 3 of the Sterling trial: wherein Donald calls his wife a “pig.” [mitchell epner]

* Here’s why law students should care about legal funding. So they don’t screw up funding their cases as much as they did their education. [LFC 360]

* Remember the brutal fan beating last year of a San Francisco Giants fan? A jury finds that the Los Angeles Dodgers acted negligently. [ESPN]

* Corporate litigator leaves her gig to start a “Cat Cafe.” Which is exactly what it sounds like. [Denver Cat Co]

Former dean Larry Mitchell

Color me disappointed. The parties have reached a settlement in Ku v. Mitchell. We won’t get to hear trial testimony about a law school dean allegedly propositioning students and staff or trying to set up threesomes on a bed with Chinese silk sheets.

Okay, let’s rewind. Last October, Case Western law professor Raymond Ku filed a lawsuit against former Case dean Lawrence Mitchell and against the university. Ku alleged that he suffered retaliation after reporting to university officials that Mitchell had potentially sexually harassed women at the law school, including employees and students. In the wake of the lawsuit, Mitchell took a leave of absence as dean, then resigned the deanship (but remained on the faculty).

Today brings word of the parties settling the case. What are the terms of the settlement, and what do the parties have to say about it?

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