Andrew Shirvell

Morning Docket: 11.01.11

DDs = Divorce Dollars?

* Herman Cain says he’s not in the habit of sexually harassing women. That’s too bad, because he’s got a great pick-up line for Election 2012: “I got your 9-9-9 right here. It’s in my pants.” [Reuters]

* Apparently Andrew Shirvell “has a history of trying desperately to smear people.” When so many people think you’re a closet case, that kind of a statement could be taken out of context. [Detroit Free Press]

* In college football news, West Virginia University wants to lose to unranked teams in a relevant conference so badly that the school is suing the Big East in the hopes of getting embarrassed quicker. [Washington Post]

* In honor of Kim Kardashian’s divorce, I propose that we play a game called “Things Longer Than Kim’s Marriage.” I’ll start: her sex tape with Ray Jay. [New York Post]

* Fake people. Fake cases. Judge Jerry. Looks like Judge Judy decided to let her husband out of his cage so he can play a judge in a new television series. [New York Daily News]

Morning Docket: 09.16.11

Andrew Shirvell: Photoshopportunity?

* SCOTUS halted Duane Buck’s execution in Texas last night. How did it take 16 years for this to happen? Slow and steady doesn’t win the race on death row. [CBS News]

* Casey Anthony owes the state of Florida a pretty penny. At this rate, she may as well go to law school, because she’s already $97,626.98 in the hole. [CNN]

* New lawyers in Florida must take civility pledges. If they’re treating each other with such incivility, why haven’t we seen any benchslaps from that state lately? [ABA Journal]

* The U.S. Trustee has thrown a curveball at two Biglaw firms in the Dodgers bankruptcy case. Will Dewey & LeBoeuf and Young Conaway ever get paid? [Bloomberg]

* You’re so vain, you probably think this movie’s about you. Sorry guys, you may be a few good men, but to be Tom Cruise, you have to be good-looking and have a passion for Xenu. [New York Times]

* Andrew Shirvell has to spill the beans on whether Ave Maria had to warn the state bar about his conduct. Apparently the man’s got great gaydar. Wonder why… [Detroit Free Press]

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?

double red triangle arrows Continue reading “Shirvell Won’t Shrivel: Former Michigan Prosecutor Turns It Around on Chris Armstrong”

Former Michigan prosecutor Andrew Shirvell might be gone from the Michigan attorney general’s office, but he has not been forgotten. Shirvell, an outspoken opponent of homosexuality, has just been hit with a lawsuit — by Chris Armstrong, the ex-president of the University of Michigan student body.

Armstrong is suing Shirvell in Michigan state court for stalking, invasion of privacy, intentional infliction of emotional distress, defamation, and abuse of process. His lawsuit seeks more than $25,000 in compensatory damages, as well as punitive damages and injunctive relief (to enjoin Shirvell from, well, being such a creep).

As you may recall, Shirvell seemed obsessed with the young, beauteous, and openly gay Armstrong, devoting an entire blog to criticism of Armstrong and following Armstrong around, day and night. As explained by Armstrong’s lawyer, Deborah Gordon, Shirvell demonstrated a “bizarre personal obsession” with Armstrong, reflected in numerous blog and Facebook postings in which Shirvell asserted that Armstrong was advancing a “radical homosexual agenda.” [FN1]

Let’s take a closer look at the complaint….

double red triangle arrows Continue reading “Lawsuit of the Day: Chris Armstrong v. Andrew Shirvell”

Non-Sequiturs 02.23.11

* There’s poor taste, there’s bad taste, and then there’s whatever the hell was going through the heads of the sick bastards who came up with this advertisement for legal services. [Ross's Law Marketing Blog]

* Dear state attorneys general, please be careful about whom you hire as deputies. If you didn’t learn from Andrew Shirvell, take this guy, Jeffrey Cox of Indiana, as a “teachable moment.” [MSNBC]

* Duke managed to rope AIG into the Duke lacrosse/stripper-thing/race war. [Dealbreaker]

* Could a law professor make it as a reality TV star? [Legal Skills Prof Blog]

* Boston woman who lost her snake on the subway now says she can’t afford the MBTA’s cleaning bill. But she would like the MBTA people to take a bite out of a delicious apple she found. [CBS Boston via @bobambrogi]

* Even if “Watson” could be a more proficient legal blogger than I am, he’ll never have my flair. [Infamy or Praise]

Sometimes it’s not the person, it’s the principle. You all remember Andrew Shirvell. He’s the former assistant in the Michigan’s Attorney General’s Office who started a hate blog directed at Chris Armstrong, a Michigan student body president who happens to be gay.

As Shirvell’s actions came to light, he was banned from Michigan’s campus (he had been going there to harass Armstrong). It seemed like the smart thing to do, not just for protection of gays and lesbians at Michigan, but hey, one less tool hanging around campus can’t be a bad thing.

But not according to the Michigan student chapter of the ACLU. The organization is using the Shirvell case to condemn the school’s trespass policy…

double red triangle arrows Continue reading “University of Michigan Student ACLU Defends Andrew Shirvell”

Andrew Shirvell, now a FORMER Michigan AAG.

We mentioned this briefly last night in an update appended to Non-Sequiturs, but it’s big enough news that it merits more coverage. Michigan assistant attorney general Andrew Shirvell — whom we’ve covered extensively, for his blogging campaign against Chris Armstrong, the openly gay (and ridiculously handsome) student body president at the University of Michigan — has been fired by Michigan Attorney General Mike Cox.

(A commenter had this punny response to the news: “Gosh. Is that the last time Andrew Shirvell will run into trouble with Cox?”)

I previously wondered whether Shirvell deserved to be fired. As AG Cox noted in explaining why he didn’t fire Shirvell immediately, government lawyers have free speech rights too.

Most of you weren’t as concerned. In an Above the Law reader poll last month, over 80 percent of respondents said that Cox should fire Shirvell.

And so he has. According to the Michigan AG’s office, Shirvell went well beyond the bounds of permissible free speech….

double red triangle arrows Continue reading “Andrew Shirvell Is Out at the Michigan AG’s Office”

Non-Sequiturs: 11.08.10

* Everyone’s favorite anti-gay crusader, Andrew Shirvell (pictured), has been suspended. [TPM Muckraker]

UPDATE: Shirvell just got fired, according to the Detroit Free Press, “for conduct unbecoming a state employee” (including misuse of state resources).

* Our colleague Bess Levin wants to know: Does Wall Street have a problem with felony charges? [Dealbreaker]

* Professor Ann Althouse wonders why people are talking about marrying tables and clocks. Personally we prefer shoe marriage. [Althouse]

* Professor Tim Wu, something of a cult figure at Columbia Law, is writing a week-long series of posts over at Slate based on his new book, The Master Switch. [Slate]

* Is NYU Law gearing up for Above the Law’s next Law Revue Video Contest? Here’s a musical tribute to the Erie Doctrine. [bl1y]

* What do military leaders think of a possible “don’t ask, don’t tell” repeal? [Metro Weekly]

* Congrats to Seattle attorney Anne Bremner, who appears on this list of 10 famous defense lawyers (despite her own recent brush with the law). [Criminal Justice Degrees]

We’ve been keeping an eye on Andrew Shirvell, the Michigan attorney who has been conducting a personal crusade against Chris Armstrong, the University of Michigan student body president who happens to be gay. At the beginning of this month, we learned that Shirvell was taking a leave of absence from his day job in the Michigan Attorney General’s office. We also know that Armstrong has sought a restraining order against Shirvell.

Today, we’ve received word that Armstrong is requesting that Shirvell be brought before the bar on ethics charges. Finally. There’s got to be some kind of ethical rule that prohibits lawyers from gay bashing college kids, right?

double red triangle arrows Continue reading “It’s About Time: Disciplinary Action Sought Against Andrew Shirvell”

Morning Docket: 10.28.10

Chris Armstrong - the young man who's driving Andrew Shirvell to distraction.

* This potential closet case probably would have been more excited if Chris Armstrong had dropped his pants instead of his request for an order of protection. [Associated Press]

* Comcast tried, but grandma still died. Grandpa is now suing the cable company for allegedly mishandling emergency calls, resulting in his wife bleeding to death on Thanksgiving. [Washington Post]

* There’s a fraternity in North Carolina where you can get three thousand pages of foreclosure documents and unlimited booze. Where can I robo-sign up? [Bloomberg]

* Ever seen a courtroom filled with saline and silicone? Like a good bra, Judge Buchwald has given this Penthouse class action suit a lot of support. [New York Post]

* Darrell Cook’s emergency motion for a continuance was granted while he was on a plane to San Francisco to see Game 1 of the World Series. Too bad the Rangers choked. [Dallas Morning News]

* LimeWire is permanently closing its doors. Don’t worry, there are tons of other places where you can download mislabeled music, viruses, and hardcore porn. [WSJ Law Blog]

* Remember Lawyer of the Day, Charna Johnson? Maybe she can channel become possessed by Johnnie Cochran during her disbarment hearing. [National Law Journal]

Michigan AAG Andrew Shirvell

Today brings some updates in the ongoing saga of Andrew Shirvell, the Michigan assistant attorney general who writes Chris Armstrong Watch, a blog devoted to attacking the openly gay student body president of the University of Michigan. We’ve covered the story extensively (see here and here).

First, Shirvell’s blog is now “open to invited readers only” — i.e., it’s password-protected.

Second, Chris Armstrong is seeking a restraining order against Shirvell (who has shown up at events attended by Armstrong and also at Armstrong’s home). Judge Nancy Francis declined to issue an immediate restraining order but scheduled a hearing for next week. (Shirvell has already been banned from the Michigan campus, despite his status as a UM alumnus.)

Third, and most notably, Shirvell has taken a personal leave from the Michigan AG’s office. This announcement was made today by a spokesperson for Attorney General Mike Cox — who also mentioned that Shirvell will be the subject of a disciplinary hearing when he returns to work.

The news that Shirvell is out of the Michigan AG’s office, at least temporarily, will be welcome to many. But some observers, including our own Elie Mystal, have called for more: namely, Shirvell’s firing.

Let’s pause and consider: Would it be that easy to fire Andrew Shirvell? As a former government lawyer who once blogged about judges while appearing before them as a prosecutor, I have some thoughts on this….

double red triangle arrows Continue reading “Michigan Assistant AG Andrew Shirvell Goes On Leave
And: Should AG Mike Cox Fire Shirvell?

Morning Docket: 09.30.10

Judge Vaughn Walker is coming out -- of the federal judiciary, that is.

* Michigan AG candidate David Leyton demands that assistant AG Andrew Shirvell be faaaaaaaabuloussss fired. [Ann Arbor News]

* If at first you don’t succeed, ignore the judge’s ruling and try again. Lawyers for the Department of the Interior beg for a pass on the second deep-water drilling moratorium. [Bloomberg]

* “I’m black, I’m transsexual, and my name is Lord Jesus Christ.” Three strikes and you’re out at this Massachusetts library. [The Republican]

* New Jersey ethics laws have loopholes? Impossible –- New Jersey is a bastion of honesty and integrity! [Philadelphia Inquirer]

* Being the director of FernGully Avatar now qualifies you as an expert in federal Indian law. [Vancouver Sun]

* The Iranian Blogfather has been sentenced to 19 ½ years in prison for blogging. Yes, blogging. Good thing we ATL staffers don’t live in Iran… [CNN International]

* HTTP 404 – Net neutrality not found. Congress now looks to the FCC to reboot the internet. [Wall Street Journal]

* San Francisco judge Vaughn Walker (N.D. Cal.), of Prop 8 fame, is stepping down from the federal bench at the end of the year. Will this have an impact on the case going forward? [Los Angeles Times]