DUI / DWI

It’s the hypocrisy that bothers me first. Lawmakers at the National Transportation Safety Board have recommended that states lower the legal blood-alcohol concentration for drivers from .08 percent to .05 percent. For a normal-sized person, that’s going to be little more than a glass of wine with dinner. For a guy like me, that means I’ll only be able to have one bottle of whiskey. In a country that claims it can’t be bothered to run a simple background check before allowing people to legally purchase military grade weapons over the internet, we’re thinking of criminalizing having some wine with dinner and then driving home.

I suppose you could have all the alcohol you want if you drive home in a freaking tank, because as long as there is a gun involved, the government isn’t allowed to do squat.

But even if we ignore the hypocrisy and move past the obvious enforceability problems of turning nearly everybody on the road after 1:00 a.m. into a criminal, there’s still another huge problem with this NTSB recommendation. It’s a “national” standard for what absolutely is a state-by-state concern.

That’s right, I said it, I object to this recommendation on federalism grounds….

double red triangle arrows Continue reading “NTSB Recommends Lowering BAC Limit — That Sound You Hear Is DUI Attorneys Applauding Their Good Fortune”

* It’s springtime, and the nation’s highest court is getting ready to drop some of its biggest decisions yet. If Tolkien had written this, Justice Kennedy would be the one to bear the One Vote. [UPI]

* But for SCOTUS to maintain legitimacy in the eyes of the people, its justices must do battle against a “modern-day tsunami of special interests.” How well are they doing? [National Law Journal]

* To answer that question, let’s look at their record. Political labels aside, thus far, the Roberts court has shaped up to be “the most pro-business court since the mid-1930s.” [New York Times]

* Meanwhile, Justice Thomas has been busy taking shots at President Obama, noting that he always knew the first black president had to be pre-screened by “the elites” and “the media.” [Mother Jones]

* Sometimes even federal prosecutors are willing to take pity upon rich old white men: Mel Weiss, formerly of Milberg LLP, won’t be returning to jail after his foray into DUI territory. [Am Law Daily]

* “Chevron can afford to litigate this case ‘until hell freezes over.’ But [Steven] Donziger can’t.” As it turns out, clients who can’t pay their bills are problematic for John Keker of Keker & Van Nest. [Reuters]

* Penn State Law is continuing with its plans to fleece students at two separately accredited sites, because clearly what the world needs right now is MOAR LAW SCHOOLS. [Centre Daily Times]

Legally Blonde is a movie that inspired many a ditzy sorority girl to apply to law school — obviously the appeal of wearing a pink power suit to court was just too great for them to resist. Let’s face it: whether you like it or not, Elle Woods has become an icon of sorts for a generation of women who never realized that they could be smart and pretty at the same time. For that reason (among many others), she was able to make it to the Final Four of our Fictional Lawyer Madness competition.

Is all people see when they look at you blonde hair and big boobs? Then it’s highly likely that you, too, can get into Harvard Law on a whim! What, like it’s hard?

Unfortunately, there are some legal issues that not even women like Elle Woods can talk themselves out of, and we’ve got a potpourri of disorderly conduct allegations for you to feast your eyes upon….

double red triangle arrows Continue reading “Legally Blonde: A Potpourri of Disorderly Conduct Claims”

Melvyn Weiss, founder of the famous (or infamous) plaintiffs’ firm Milberg LLP, and the man who put the “klass” in class action litigation, landed in hot water back in December when cops pulled him over on suspicion of driving under the influence.

The 77-year-old lawyer was still serving out the last couple months of probation stemming from his 2008 guilty plea for paying kickbacks to lead plaintiffs. Now the judge is calling Mel Weiss back into court to figure out what to do about this violation of Weiss’s probation.

But in the meantime, we can get a giggle out of the alleged details of Weiss’s arrest….

double red triangle arrows Continue reading “Mel Weiss Learns You Can’t Say Your ABCs Without D, U, and I”

* “Beware of conservatives bearing gifts.” While there may be a federalism argument to be made in the DOMA case, it’s really about discrimination. It’s too bad some are afraid to stand up and say that. [Opinionator / New York Times]

* Sooo… was Melvyn Weiss, founder of Milberg LLP, really old, really drunk, or really old and drunk when he allegedly recited part of the alphabet as, “H, I, L, M, N, O, P, Q, R, S, T, U, V, W, S, X, U, V, W, S, I, C”? [Am Law Daily]

* “Can’t fire me, I quit” moments are much better when they involve partners. Ogletree’s ex-VP was asked to leave over a dispute with another lawyer, so he resigned. [Thomson Reuters News & Insight]

* The U. of Arizona is thinking about lowering tuition by 11% for in-state students and 8% for out-of-state students. On behalf of your indebted students, MOAR doing and less thinking. [Arizona Republic]

* The only thing that’s worse than allegations of insider trading is having your ex-wife’s post-divorce suit reinstated. This is really the last thing Steve Cohen needs right now. [DealBook / New York Times]

* Earlier this week, Governor Chris Christie banned minors from using tanning beds without parental consent. Fare thee well, GTL. Young Jersey Shore wannabes must be weeping. [Clarion Ledger]

Thomas Edwards

Under the American criminal justice system all individuals are presumed innocent until proven guilty.

Thomas L. Edwards, a Florida lawyer who handles DUI defense, offering comment on his recent legal wranglings. Edwards was criminally charged this weekend in an alleged drunken hit-and-run accident, and a banner ad for his law firm appeared on the same page as his mug shot.

Personally, I think it would be more dangerous for Teresa Wagner to get drunk and file a lawsuit than it is for her to do what she’s charged with doing a couple of days ago.

Wagner has sued Iowa Law School for First and Fourteenth Amendment violations. We’ve talked about her because she argues that Iowa Law didn’t hire her as a faculty member because of her conservative views.

Iowa Law claims that she wasn’t hired because she wasn’t qualified.

Iowa City Police allege that she wasn’t very conservative when it came to drinking and then driving a few blocks from her home….

double red triangle arrows Continue reading “Conservative Law Professor Who Sued School Busted For Drinking And Idling”

‘That’s just our special sauce!’

* Six Supreme Court justices attended last night’s State of the Union address, and although it was all hugs and kisses and handshakes to start off with, some looked as if they were due for naptime by its end (coughRBGcough). [Blog of Legal Times]

* It’s a clash of the Biglaw titans! In a face off between legal heavyweights, the Second Circuit has set aside time to hear arguments from Ted Olson and David Boies in the Argentine bondholder case. [Thomson Reuters News & Insight]

* Dewey know if this document specialist’s Worker Adjustment and Retraining Notification Act lawsuit has got any legs to it? It certainly must, because Judge Martin Glenn very recently denied the failed firm’s motion to dismiss it. [Am Law Daily]

* Congratulations to Paulette Brown of Edwards Wildman Palmer. This Jersey girl is the uncontested nominee for ABA president in 2015, making her the first minority woman to hold the title. [New Jersey Law Journal]

* Send in the clowns (or loads of O’Melveny and Akin lawyers): Apple’s CEO, Tim Cook, has a low opinion of David Einhorn’s Greenlight Capital lawsuit, referring to it as nothing more than a “silly sideshow.” [Reuters]

* “It is up to us in the academy to prepare our students for the future no matter what it holds.” Dean Frank Wu of UC Hastings seems to be on the right track when it comes to necessary law firm reforms. [Huffington Post]

* Poor, poor Teresa Wagner. She was allegedly denied a job because of her conservative views, and her case ended in a mistrial. That kind of a thing could drive a woman to drink… and drive. [Iowa City Press Citizen]

* Not only does Lehigh University ruin every college basketball bracket in the nation, but it also provides great “I’m suing you because of my crappy grades” fodder. Oh my God, I really miss you, Lehigh! [Morning Call]

* Thanks to the wisdom of the Ninth Circuit, we now know that, at least in Washington, a spit-laden hamburger from Burger King is grounds for emotional distress damages. Ugh, that’s nasty! [WSJ Law Blog (sub. req.)]

The Internet naturally devolves to Hitler references. Call it Godwin’s Law. Call it reductio ad hitlerum if you’re into the whole unnecessary use of Latin thing (and you’re lawyers, so you totally are). But with the advent of the Internet, Downfall video became inevitable.

And with bored lawyers seeking Internet-based distractions at their desks (or law library carrels), the legal Downfall video was even more inevitable.

Above the Law has linked to some of these before (for example here and here), but I figured I’d treat the readers to a collection of some of the finer videos here as part of my role as the editor covering the tech beat.

If you have others, link them in the comments. I’m sure someone out there in the middle of a two-week document review somewhere will appreciate it….

double red triangle arrows Continue reading “A Children’s Treasury of Hitler Reacting To Legal Stuff”

* Did the lead plaintiff in the job stats suit against Thomas Jefferson School of Law turn down a law job offer? Does TJSL teach its students anything about discovery? [ABA Journal]

* This judge may have a wee bit of an anger problem. [Legal Juice]

* The Democratic activist who bailed the UVA Law grad accused of forced sodomy out of jail has been arrested for a DUI. Based on her mugshot, it appears she may have been at a Halloween event or a Mike Tyson facepainting contest. [Daily Progress]

* What do Dolce & Gabbana have in common with Al Capone? No, not their impeccable fashion sense… [Fashionista]

* Keith Magness, the attorney accused of masturbating on his female colleague’s desk chair and dry cleaning, settled a lawsuit stemming from his allegedly unseemly behavior. I’ve said it before, but it bears repeating. Eww, eww. Gross. Eww. [NOLA.com]

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