This one is going to get really weird, really quickly. See if you can spot the civil rights violation.
Issue 1: City council of Alexandria, Virginia, approves a permit for a new barbecue restaurant.
Issue 2: The restaurant will have an open-air, gas grille.
Did you see the potential violation? No? Well, you’re just not thinking like a lawyer — or, at the very least, you’re not thinking like an insane person. The Alexandria Gazette Packet reports:
Del Ray Attorney Ed Ablard is challenging the restaurant as a violation of his civil rights. Because the gas-fueled smoker will release particulate matter into the air, his suit charges, his civil rights will be violated.
Is a white man claiming that a barbecue joint is somehow racist towards white people? No, it’s way more crazy than that…
I know a little something about video game addiction. While working in Biglaw, I was a respected guild member in Everquest II — before I realized that I was wasting giant amounts of time and had more than enough money to be able to interact with fellow humans in the flesh. In law school I once played 28 seasons of Madden (every game, ten minute quarters, including preseason; I would even make up a draft board). In college I played enough Civilization 2 that I thought it should count for one of my history core requirements. I legitimately fear for my job when Civilization 5 drops one month from now.
I’m serious about the Civ 5 thing. I quit my job at Debevoise just before Civilization 4 was released. I can’t truthfully say that the one thing had nothing at all to do with the other. I’m considering not even buying Civ 5, just because I like writing for you guys. I’m married, for Christ’s sake. A wife, a job, and a new Civ game? Something’s gotta give.
See, I know what I’m getting into when I open the box on certain video games. Hawaii resident Craig Smallwood claims he did not. He’s sued the makers of Lineage II, claiming that the game makers didn’t adequately warn him that its game was addictive.
Shockingly, his lawsuit has survived a motion to dismiss…
The world of legal recruiting is a bit like Glengarry Glen Ross. Like the real estate agents of Glengarry, legal recruiters work mainly on commission, and they get paid when they close deals. Instead of getting paid for selling parcels of land, though, headhunters get paid when they find lawyers — people like you — new employment (most often at law firms, although sometimes in-house as well).
Like Glengarry, the world of legal recruiting features outsized personalities, profanity-spouting hustlers, and smooth-talking salespeople (the folks who cold call you and try to lure you away from Big Firm A to Big Firm B). Given the sheer number of recruiters working today, the fierce competition for deals, and the fees at stake — moving a group of powerful partners from one firm to another can result in a six- or even seven-figure payday — it’s not surprising that the business has a seamy side.
In a lawsuit filed earlier this year, which has come to light thanks to some recent, non-sealed court filings, one of the biggest attorney search firms out there — Major, Lindsey & Africa — has made RICO claims against an ex-employee.
Wait a sec. RICO — as in the Racketeer Influenced and Corrupt Organizations Act? Some say legal recruiting can be a dirty business, but it’s not that dirty, is it?
(And are law firm associates going to start getting voice mails from Teamsters? “Hey there, uh, David, my name is Sal….”)
Let’s explore the allegations of MLA’s lawsuit against one its former recruiters, Sharon Mahn….
An attorney's lovely suburban home was allegedly transformed into A DEN OF SEXUAL SIN....
This story — which could also qualify as a Lawsuit of the Day — is fine, funny Friday fodder. The Minneapolis Star-Tribune reports:
Adam Bunge, an attorney, and his wife, Sarah Bunge, a Lutheran pastor, put their Maple Grove home up for sale and headed off to London this year for a four-month “work holiday.”
While they were gone, they allege in a lawsuit filed last week, their real estate agent used their house and possessions for “unauthorized sexual escapades,” staining their sheets, couch, carpet and other surfaces….
“It feels like we have been violated in every sense of the word,” Adam Bunge said in an interview.
The Bunges weren’t the only ones who were “violated.” In every room of the house. And it got pretty messy up in there….
Donald Duck tends to be cranky; he’s not the most friendly of the Disney characters. But a Pennsylvania woman, 27, contends that Donald got way too friendly with her during a 2008 trip with her family to Epcot Center.
In a complaint posted by the Smoking Gun, April Magolon claims that she asked Donald for an autograph — who actually asks people in costumes for autographs? — and that he then grabbed her boob, “molested her,” and then made gestures “indicating he had done something wrong.” Magolon’s suing in excess of $50,000 for negligence, battery, and infliction of emotional distress. More bad news for Donald: We’ve heard that Daisy Duck is considering filing for divorce.
Gawker picked up the story and pointed out that creepy behavior on the part of Disney’s costumed characters is a bit of a trend.
The legal papers includes [sic] a helpful list of other Disney character transgressions, like the time Tigger molested a 13-year-old girl. In other news, a guy just wrote a memoir about dealing drugs while costumed as Winnie the Pooh at Epcot, and how his co-workers were furries who liked to have kinky sex in their costumes.
Disney characters are not without their defenders, though. As Mickey Mouse has not appeared to put in a good word for his furry and feathery friends, William Saletan at Slate stepped in and did some investigative reporting. He says that this may in fact be a false Tigger trigger…
Prof. Tribe is almost 70; please don't stick him in elevators for long periods of time.
Last Sunday, the eminent constitutional law scholar Laurence Tribe and his girlfriend, Elizabeth Westling, got stuck in an elevator at the Safeway supermarket in Georgetown. (Professor Tribe is currently in D.C. to serve in the administration of his former student from Harvard Law School, Barack Obama.)
Read the (rather humorous) write-up of Tribe’s elevator incident in the Washington Post’s Reliable Source column. According to a Safeway spokesman, the company “is trying to figure out what kind of resolution is appropriate.” Options on the table include “some steaks or a gift card.”
For those of you preparing for the bar exam this week, tackle these study questions….
Barack Obama's purported birth certificate - click to enlarge.
Orly Taitz and the Birthers aren’t the only people obsessed with Hawaiian birth certificates. A young lawyer by the name of Adam Gustafson — a 2009 graduate of the Yale Law School and former vice president of the Yale Federalist Society, who’s currently clerking in Hawaii for Judge Richard Clifton (9th Cir.) — is making a federal case over them.
And Chief Judge Susan Oki Mollway, the district court judge who wound up with the case, is not impressed. She recently dismissed Gustafson’s complaint — in forceful fashion:
This case is an example of why people who overreact to situations are accused of “making a federal case out of nothing.”
Plaintiff Adam Gustafson and his wife… proceed pro se against various state officials. The Gustafsons complain about having been asked to state their race and any Spanish origin on a birth certificate registration form submitted in October 2009 for their Hawaii-born daughter. The Gustafsons articulated to the State their objection to a birth certificate identifying their races.
The court has no quarrel with the Gustafsons’ wish for a birth certificate devoid of such information. What follows, though, shows questionable judgment.
Ouch — quite the benchslap. Gustafson’s boss, Judge Clifton, should keep Gustafson far away from any appeals of decisions by Judge Mollway.
Filing a federal lawsuit in Hawaii, while clerking in Hawaii for a federal judge? It’s gutsy of Gustafson. At least he won’t have to travel far for any appearances.
So what about Gustafson’s case reflects “questionable judgment”?
I’m surprised this doesn’t happen more often. A student is demanding that his law school admit to scamming him out of money in open court.
And why? The student isn’t trying to recover tuition dollars directly from the school. Instead, the student is involved in the arduous process of trying to get his debts discharged through bankruptcy. As we’ve mentioned repeatedly, you can’t discharge student loans through the bankruptcy process absent a showing of undue hardship.
The student is named Kenneth Desormes. The school is Charlotte School of Law. And he wants Charlotte to admit what they did to him…
Based on our report about the UVA super-awesome-happy law student, a lot of people seem to be confused about how the internet works. So, as a public service, let’s go over the rules:
Rule 1: If it ends up on the internet, everybody can see it.
Rule 2: If everybody can see it, it’s possible everybody will see it.
Rule 3: After everybody sees it, all bets are off.
Are we clear? Okay then.
Tonight we have a story about a couple of kids in California who understood these rules. They tried to keep their beer pong exploits off the internet. But the internet never loses, and now they’re suing…
The meteoric rise of Facebook has tended to inspire lawsuits by those who claim to have collaborated with Mark Zuckerberg in the site’s creation. The latest to make a claim on the 500-million-member site is a wood chipper man in New York. We don’t understand how Paul D. Ceglia went from writing code to producing wood pellets, but so be it.
In his lawsuit (via Gawker), he claims to have made a contract with Zuckerberg in 2003 to help design “The Face Book” for $1,000 plus 50% of the site’s revenue, with an added 1% per day until the site was launched. This sounds like the stupidest (and most typo-ridden) contract ever — Zuckerberg went to Harvard and this guy chops wood, so we’re skeptical (though we do know the Ivy League doesn’t teach common sense).
The Guardian reports that Facebook has “dismissed the case as ‘frivolous’ and ‘outlandish’, said it will fight it vigorously and pointed out that a lawsuit over a contract broken in 2003 is ‘almost certainly barred’ by the statute of limitation.”
The judge in Allegheny County Supreme Court is taking the claim very seriously though. Judge Thomas Brown has frozen Facebook’s assets while the case is pending…
As part of a nationwide tour, Above the Law is coming to the great city of Chicago.
Join preeminent law firm management consultant Bruce MacEwen, Katten Muchin Chicago managing partner Gil Sofer, and JPMorgan Chase & Co. assistant general counsel Jason Shaffer for a panel discussion (sponsored by Pangea3) on the evolutionary and market forces bearing down on the law firm business model. Come on by Thursday, November 20, at 6 p.m., for thought-provoking discussion, food, drink, and networking.
Space is limited and there will be no on-site registration, so please RSVP
Average law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.