* No do-over for Vonage. [c|net via How Appealing]
* Legislature approves $5 million settlement in Florida boot camp death case. [CNN]
* Katrina wrongful death claims blown away by judge. [Jurist]
* Reno trial lawyer faces his own trial. [Reno Gazette-Journal]
* Fen-Phen plaintiffs have a horse in Saturday’s race. [WSJ Law Blog]
Sports
- Crime, Deaths, Gambling / Gaming, Hurricane Katrina, Intellectual Property, Morning Docket, Patents, Prisons, Sports, Trials
Morning Docket: 05.04.07
By Billy Merck
In an homage to the start of the NHL conference semifinals today, the Lawyer of the Day is James Creighton. Creighton, a Canadian lawyer in the late 1800s, helped found and popularize modern ice hockey while he was a law student at McGill University in Montreal. Here is his stub bio from Wikipedia:
James George Alywin Creighton (Born: 1850 in Halifax, Nova Scotia, Canada – Died: 1930) was one the men originally responsible for the early popularization of ice hockey. Creighton developed the game from a similar game known as shinney in Halifax, where (according to some historians) it was developed out of an Irish game called hurley. In 1873 Creighton moved to Montreal to work and eventually attended McGill University, graduating in 1880 with a law degree. There, on March 3, 1875, the first organized game of ice hockey was played and the game’s popularity grew significantly. He practised law with a firm in Montreal. In 1884 Creighton moved to Ottawa to become a law clerk in the Canadian Senate. He formed a team called the Rideau Hall Rebels, and became friends with teammates William and Arthur Stanley, sons of then Canadian Governor General Lord Stanley.
Creighton would happy to know that his sport has been taken over by the American Southeast (the last two Stanley Cup Champions are the Carolina Hurricanes and the Tampa Bay Lightning). Fortunately for you hockey purists out there, the Southeastern teams have already lost this year, and Canada has two chances (Vancouver and Ottawa) to take the Cup back.
- Art, Crime, Education / Schools, Football, Morning Docket, Patents, Sentencing Law, Sports, Supreme Court, Technology
Morning Docket: 04.25.07
By B Clerker
* Alaskan attorney survives icy spill. [CNN]
* “Scream” thieves sentenced in Norway court. [MSNBC]
* ABA hosts legal technology expo. [ABA]
* Supreme Court hears arguments in high school sports recruitment case. [Washington Post]
* Timetable of VOIP litigation. [WSJ Law Blog]
Oh, we long for the days before products liability suits took away our lawn darts and all the rest of our fun.
Professor Bill Childs, professor at Western New England School of Law and author of TortsProf Blog, has this post, about receiving as a gift from a student a “Golfing Gizmo.”
[It's a] device from the 1960s and 1970s that is the subject of the Hauter v. Zogarts case (534 P.2d 377 (Cal. 1975)) in David Owen et al.’s Products Liability and Safety casebook and possibly others. And they even found the same model and manual as is in the case, including the almost-blank-verse notation on the front: “COMPLETELY SAFE BALL WILL NOT HIT THE PLAYER.”
The device was such that you drove a golf ball attached to a cord, which of course made the golf ball come back at you. If it came back to the left, you had a slice; to the right, you had a hook. If your shot was perfect, you got zinged in the head and won a lawsuit. Perfectly safe.
The Golfing Gizmo in All Its Glory [TortsProf Blog]

Sunday’s NYT sports section features a short interview with our favorite NFL referee, Ed Hochuli. Hochuli is a minor celebrity among football fans for two things: his brawny physique and the commendably detailed on-field explanations he gives when announcing penalties and other calls.
He’s also a partner in the Phoenix law firm of Jones, Skelton, and Hochuli.
From the interview:
YOU WORK AS A REFEREE AND A LAWYER?
I am a full-time civil litigator and a full-time referee. I go and defend in court. The two jobs have a lot in common.
YOU APPEAR TO TAKE WORKING OUT SERIOUSLY.
I do. I do cardio, at least an hour, sometimes more, every day. I lift weights four days a week for another hour.
If you want to feel like a total slob, read all the details of Hochuli’s diet and workout regimen here. And for the next time you’re debating whether to go for a run or merely dash down the hall to the vending machine, you can buy “What Would Ed Hochuli Do?” merchandise here.
Is it any surprise that this strapping specimen of manhood has fathered six children?
We wonder what Hochuli is like to work for. Are there any JSH associates out there who’d like to give us a report?
- Aaron Charney, Biglaw, Columbia Law School, Federal Government, Gay, Jonathan Cohn, Matthew Waxman, Sports, Sullivan & Cromwell, War on Terror
Some Weekend Odds and Ends
By David Lat
It’s a beautiful April afternoon (at least here on the East Coast). You shouldn’t be in front of your computer right now.
But in case you are, here are a few quick items of interest:
1. Columbia Faculty Hire Faces Human Rights Questions [New York Sun]
We went to law school with Matt Waxman (OT 2000/Souter). It’s unfortunate that he’s the subject of such controversy, because he’s a true mensch — and one of the “good guys” with respect to human rights issues. As the Sun notes:
“The criticism of Mr. Waxman as insensitive to human rights concerns is seen as paradoxical in some circles since he dissented from aspects of the Bush administration’s policy on detainees and argued that the Geneva Conventions should be the official policy for all those in military hands.”
2. Another Development in Sullivan & Cromwell v. Charney [Leonard Link]
There’s always something to say about the Aaron Charney / Sullivan & Cromwell litigation. In this excellent post, Professor Arthur Leonard offers some intriguing speculation about some recent (and bizarre) developments in the case.
3. Tampa stadium authority asks court for tighter security [ESPN.com]
The federal government is being represented by Jonathan Cohn (OT 2000/Thomas), another former O’Scannlain clerk, currently serving as Deputy Assistant Attorney General for Civil Appellate. Good luck, Jon!
Our March Madness contest, an NCAA-esque tournament for the title of America’s coolest law school, is now over. Congratulations to the very deserving winner:
UNIVERSITY OF VIRGINIA SCHOOL OF LAW!!!
In the final round, UVA went up against Columbia. It wasn’t even close:

After the jump, a few pieces of evidence in support of UVA’s coolness. Nice work, guys!
Continue reading “Congratulations to America’s Coolest Law School: UVA!”
Things are getting a little heavy around here, with heated discussion of this morning’s decision in Gonzales v. Carhart (PDF). So it’s time to mix up the programming a little.
Let’s turn our attention from stuff that matters a lot to stuff that matters, well, not terribly much. ATL’s March Madness competition — our quest to crown America’s coolest law school — will conclude tomorrow, Thursday, April 19, at 3 PM (Eastern time). So if you haven’t done so already, please cast your vote :
GOOD LUCK!!!
Earlier: ATL March Madness: The Championship Match
The news cycle yesterday was dominated in the morning by coverage of the northeastern storm. In the afternoon, and continuing into today, the tragic events at Virginia Tech took center stage. (We’ll soon be setting up a new thread to discuss the VT shootings, which are dominating the morning headlines
But there was some happier news also, including the running of the 111th Boston Marathon. From a tipster:
Dan McGrath is a 1L at Notre Dame, and he just finished the Boston Marathon in 2:25:59, placing 31st overall.
We’re impressed by Mr. McGrath’s ability to balance marathon training with the rigors of the first year of law school. We congratulate him, and all the other lawyer-runners who completed the Boston Marathon, on their achievement.
(Feel free to mention other attorneys who completed yesterday’s race in the comments. Thanks.)
Boston Marathon [official website]




