Lawsuit of the Day

Somewhere in America, another man who has been embarrassed by an overpriced manicure is clapping (albeit carefully, so that he doesn’t chip his nail polish).

Norris Sydnor III, a 43-year-old Maryland man, is suing his nail salon for $200,000 after being charged $10 for a manicure, when women beside him were being charged only $9 for the same service. A judge issued an injunction on June 15 which ordered the salon to stop charging men more than women. A trial is set for July 21.

When I first read about this lawsuit, I was jealous, because my manicures usually cost $15. I want a $9 manicure, and I don’t want to have to drive to Maryland to get one. My jealousy, however, turned to rage when I found out that Sydnor’s lawyer, Jimmy Bell, is comparing his client to Rosa Parks.

Is this guy seriously suing over one dollar? And is his lawyer actually comparing him to one of the revolutionaries of the civil rights era? The answer to both of those questions, sadly, is yes, and I’m pissed off about it. In fact, I was so pissed off that I actually did some research about this lawsuit. And boy, am I glad that I did…

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For the most part, I’ve just been happy that the lawsuit against Thomas Jefferson School of Law, over the school’s allegedly misleading employment statistics, exists. It’s not about winning or losing; it’s about raising awareness of the disingenuous way law schools go about filling up their classes.

Of course, anytime somebody says “it’s not about winning or losing,” you can best believe that person expects to lose. I’ve been operating under the assumption that Anna Alaburda, the woman suing TJSL, would get her butt kicked all over the courthouse.

But maybe I am wrong to give up hope for a victory so quickly. Karen Sloan of the National Law Journal has managed to find a couple of lawyers who believe law schools could be in big trouble…

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Yes, I get that June 14th is a little bit late to be doing the May Lawyer of the Month poll. Yes, I also understand that the person who will almost undoubtedly be June’s Playmate Lawyer of the Month, Reema Bajaj, is ineligible for May — and that fact might leave some of our readers with blue balls.

But you know what? There were some really interesting candidates for May. And they deserve their moment of fame/infamy on these pages. Not every lawyer has to allegedly sell vaginal access in order to be special.

For instance, some people can become famous simply with an attempt at sexual trespass….

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We mentioned this news last week, but judging from the slew of emails we’ve received about it, many of you want to discuss it at greater length. So let’s talk about it: the class action lawsuit recently filed against Thomas Jefferson School of Law by a 2008 honors graduate of TJSL, Anna Alaburda, alleging that the San Diego-based law school commits fraud, by using misleading post-graduation employment and salary data to attract new students.

The complaint in Alaburda v. TJSL contains counts for fraud, negligent misrepresentation, and violations of various California statutes (including laws against unfair business practices and false advertising). Plaintiff Anna Alaburda claims that she racked up more than $150,000 in student loans and can’t find decent legal employment, even though she graduated with honors from TJSL, passed the California bar exam, and sent more than 150 résumés to law firms. She now does document review on a project-by-project basis.

Alaburda’s lawsuit seeks compensatory damages “believed to be in excess of $50,000,000,” punitive damages, and injunctive relief, to stop TJSL from continuing its allegedly unlawful conduct. Alaburda seeks to represent a class consisting of “[a]ll persons who attended TJSL within the statutory period” — a group estimated to contain more than 2,300 individuals.

Let’s take a closer look at this lawsuit — filed by partner Brian Procel of Miller Barondess LLP, a Boalt Hall grad and former Quinn Emanuel associate, incidentally — and consider its possible implications for legal education….

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Legal recruiters find work for lawyers — and sometimes they create work for them. We previously covered, for example, the litigation between mega-recruiter Major Lindsey & Africa and one of its former employees, Sharon Mahn.

Sometimes recruiters go after each other, and sometimes they go after law firms — firms that don’t pay them the placement fees to which they’re entitled. Recruiter Alan Miles, principal of Alan Miles and Associates, went after Bingham McCutchen — and won, big time.

How much did Miles win? And on what grounds?

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Are we good if this is my default photo for anything involving Brazil?

UPDATE (5:30 PM): Please note that the veracity of this story has been called into question. For more, see the note at the end of this post. (Or ignore the note and pretend that the story is real; life’s more fun that way.)

Fair warning: I will not succeed in writing this post like an adult.

A Brazilian woman who in the past needed to masturbate up to 47 times a day has won the right to masturbate at work. The woman suffers from severe anxiety and “hypersexuality,” which is apparently a real thing and not just as something that’s been invented for the porn industry.

Excuse me, I need a minute to ask God why I don’t get to work with the Brazilian nympho woman who has to masturbate at work…

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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?

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Lat’s at NALP – 2011. If you don’t believe me, see Above the Law, April 26, 2011.

If he was here, maybe we’d have the resources to give each of these entertaining lawsuits the full posts they deserve. Instead, it’s just me, and I’m a little pressed for time now that Harvard has decided to release the transcripts of every black person ever admitted so it can prove that we were all more deserving than George W. Bush.

So we’re going to have to tackle three fun lawsuits in one post. Breathe deep and smell of funny, my friends…

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It’s been a while since I graduated from college, but isn’t there something special about this particular day on the calendar? I just can’t quite remember what’s so important about 4/20.

Well, according to this fun little headline, I’m not the only one with memory problems today: AFROMAN SUED ON 4/20: ‘Because I Got High’ Singer Sued For Forgetting About A Concert Date.

Ha ha. Let’s check out this “complaint” below. And if you don’t know who Afroman is, you’re in for a treat…

CORRECTION (1:30 PM): I initially thought this lawsuit was a joke. But according to Claudia Lyster, marketing manager for the two law firms bringing the action, “I want to assure you the lawsuit filed against Afroman this morning in Franklin County Municipal Court is very real. Here is a time-stamped copy of the Complaint.”

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The high priestess of liberal blogging: Arianna Huffington.

The gorgeous and glamorous Arianna Huffington, reigning empress of the liberal blogosphere, has been sued by some of her not-so-loyal subjects.

This morning, a group of unpaid bloggers for the Huffington Post, led by union organizer and journalist Jonathan Tasini, filed a class-action lawsuit against the HuffPo; its foundress, La Arianna; and media giant AOL, which bought HuffPo back in February. The gist of the lawsuit, as Tasini told Jeff Bercovici of Forbes, is that the site’s unpaid writers “must share in the value they create” — $315 million worth of value, based on what AOL paid for the Huffington Post.

As a writer myself, I’m all in favor of writers being paid for what they do. But the lawsuit against HuffPo strikes me as a bit dubious….

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Remember Lawrence Connell, the professor at Widener Law School who got in trouble for coming up with teaching hypotheticals in which he killed Dean Linda Ammons? Well, perhaps Professor Connell wishes the dean’s death was more than hypothetical.

Apparently Professor Connell wants to slay Dean Ammons — in a court of law. He has sued the dean for defamation.

Suing your current boss or employer — as opposed to suing after you’re gone, a la Matthew Kluger v. Fried Frank — can be awkward. Just ask JoEllen Lyons Dillon of Reed Smith or Raymond Carey of Foley & Lardner, two partners who have sued the law firms where they still work.

But they don’t have tenure, unlike Larry Connell. Let’s see what the good professor is suing over….

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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….

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