Relief usually connotes relaxation and release of stress. Not so for a lawyer seeking or challenging a preliminary injunction. Especially when your filing deadline is the day after a holiday you had hoped to spend doing anything, literally anything, other than working….
About three years ago, a case caught my eye that still sits in the the back of my mind when looking at our firm calendar or speaking with opposing counsel on a matter. It highlights something that should be self-evident to most attorneys. Yet, as this case illustrates, even routine matters can cause extreme problems.
Booher v. Sheeram LLC was a fairly standard slip-and-fall case. A hotel had been receiving a number of complaints about its slippery bathtubs. The hotel subsequently placed non-skid material in the tubs. Regardless, Mary Booher slipped and fell after the non-skid material had been placed. She and her husband sought to recover damages from the hotel and retained an attorney. Things proceeded along as they do in these matters — discovery plus more discovery — and eventually the hotel filed a motion for summary judgment. After an extension was granted, the deadline for a response from the Boohers’ attorney was set for November 7, 2008.
But Booher’s expert was missing a key document, and was going to be out of the country during the deadline for the motion. And her attorney was about to undergo major surgery. He needed more time in order to properly prepare his brief in opposition. Opposing counsel didn’t mind an extension; these things happen. No one wants to be a jerk regarding scheduling matters.
But Booher’s attorney didn’t follow the rules, so it didn’t matter. And he lost his clients their case, not on the substance, but on a technicality:
I think we all know that you can’t really trash a Las Vegas hotel room like they do in the first Hangover movie (and maybe the third, I haven’t seen it). It’s a movie. You also can’t dodge bullets or become a freed slave who kills white people and gets paid for it in the antebellum South.
Of course, most of us didn’t go to a place that’s been called the third-worst law school in America. One attorney’s high-roller birthday party in Vegas allegedly cost the Encore $96,270 in damages and labor costs, and you can’t get out of jail from that by letting a fat kid Taser you…
Virginia is for Lovers, not Partiers. Law students in the Old Dominion State are not as much fun as we thought they were.
We recently wrote about a law school party — called the “Fall From Grace,” aptly enough — that supposedly spiraled out of control. According to an email from the Student Bar Association (SBA) at William and Mary School of Law, the raucous event featured law students “urinating on the bathroom floor, breaking a toilet paper dispenser, knocking over a flower pot, and engaging in inappropriate behavior” at the Williamsburg Crowne Plaza. This supposedly culminated in the Crowne Plaza calling W&M Dean Davison Douglas “to inform him that the law school is no longer welcome at the hotel.”
But now we’re hearing that this incident has been overblown, and that the law school has not been banned from the high-end Holiday Inn at Fort Magruder….
It’s been a while since we had a story about an entire law school student body getting banned forever from a party venue. I think maybe the last school law to have this public shame was Tulane? I know things got pretty crazy at the UC Davis Law “prom” last year, but they didn’t get banned from anywhere.
But apparently neither of these schools has anything on the law students at William and Mary. According to the school’s Student Bar Association, the conduct of the students has been so disorderly that they’re running out of places in Williamsburg willing to host law school events.
Man, I guess you can see why a lady like Laura Flippin (she of the alleged .253 BAC) is on the William and Mary Board of Visitors….
* Professor Rick Hasen thinks the Illinois Supreme Court is leaning towards letting Rahm Emanuel back into the race for Mayor of Chicago. Hopefully this means that Emanuel’s lawyer, Kevin Forde, will get his family back really soon. [Election Law Blog]
* Have you ever seen a notary in a bar, drunk, with her notary kit? It’s actually kind of hot. [What About Clients?]