Old People

Is D.C. the capital of… crazy lawsuits?

People love to complain that D.C. is a dysfunctional city. That may be a bit harsh. Despite the partisan gridlock, sometimes deals can be reached in Congress — for example, the new gun control compromise measure in the Senate.

And the city itself is a much more appealing city to live in these days. The recent, taxpayer-financed boom in D.C. has led to improved restaurants, nightlife, shopping, and residential options. (I used to live in D.C., from 2006 to 2008, and I continue to visit frequently.)

But the lawsuits coming out of the nation’s capital — well, they’re still pretty crazy. Time for some quick updates on the insanity….

double red triangle arrows Continue reading “Crazy D.C. Lawsuit Potpourri: A Discrimination Case Against Georgetown Law, and a Sidwell Friends Sex Scandal”

Patricia A. Martone

“You can’t eat the orange and throw the peel away — a man is not a piece of fruit.”

– Arthur Miller, Death of a Salesman (affiliate link)

Take this famous line and replace “man” with “law firm partner,” and you’ve captured the gist of the lawsuit against Ropes & Gray brought by Patricia Martone, who alleges age and sex discrimination by her former firm. (Martone, a former IP litigation partner at Ropes, is now a Morrison & Foerster partner.)

When I broke the news of this lawsuit back in 2011, I expected a speedy settlement. Would Ropes really want to go toe to toe with a pair of high-powered litigatrices, namely, Martone and her formidable employment lawyer, Anne Vladeck?

But here we are, two years later, and the battle rages on. Ropes has hired a third leading litigatrix to defend itself. Let’s learn the latest news….

(Note the multiple UPDATES at the end of this post.)

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[S]uppose a State said that, “Because we think that the focus of marriage really should be on procreation, we are not going to give marriage licenses anymore to any couple where both people are over the age of 55.” Would that be constitutional?

– Justice Elena Kagan, in response to Charles Cooper’s contention that marriage is an institution that’s been historically and traditionally linked to procreative purposes, during yesterday’s oral arguments on California’s Proposition 8.

(This exchange led to a wildly entertaining political ad parody about the dangers of old people marrying, produced by the Daily Dolt. Because if there’s anything that’s “worse” than gay marriage, it’s gray marriage! Please continue reading to see the video; you can thank us later.)

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No, not to each other. In the states covered by the Seventh Circuit, marriage is still between one man and one woman — at least for now.

(By the way, there is precedent for judges from the same circuit court marrying each other. Back in 2004, then-Chief Judge Carolyn Dineen King and Judge Thomas M. Reavley, both of the Fifth Circuit, tied the knot.)

So yes, judges get married, just like us. But it’s noteworthy to have so many judicial nuptials in such a short span of time.

Two Seventh Circuit judges just got married, and a third — one who I never expected to get married — is engaged. Who are the jurists in question?

Please note the multiple UPDATES added after the jump.

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If you are a recent law graduate without a job, you might want to skip this story. Because this is not a story about a law school taking hundreds of thousands of dollars from inexperienced kids and helping them find legal employment. Law schools don’t really do it.

Instead, this is a story about a law school charging a reasonable price to help lawyers-turned-homemakers get back into the practice of law. The job market might be pretty tight for recent graduates under 30. But this program is having success in helping graduates from back in the day who are over 40.

And, again, the law school is offering a reasonable price for the program!

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Justice Scalia as Venetian doge.

If you watched the inauguration ceremonies, whether in person or on television, you may have noticed all nine Supreme Court justices out in force. Supreme fashions generated tons of talk on Twitter, especially Justice Alito’s snazzy sunglasses; Justice Ginsburg’s huge hat, which made her look like a toy soldier; and Justice Breyer and Justice Scalia’s jaunty skullcaps, discussed by Tony Mauro and Josh Blackman (among others). According to Kevin Walsh, Justice Scalia’s was a gift from the St. Thomas More Society of Richmond, Virginia.

That’s on the level of style. What about substance? How will the Supreme Court affect President Obama, and how will President Obama affect the Court, as we enter the 44th president’s second term?

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There is a 64 percent probability that at least one Supreme Court justice will die in the next four years….

– The ABA Journal, offering a rather grim assessment of the health and wellness of the justices of the nation’s highest court, based on Slate’s Supreme Court Justice Death Calculator. (You may want to start taking bets.)

How you come down on a case of alleged “age discrimination” probably depends on whether you view the issue as age discrimination in the first place, or if you see it more like trying to pry control of the country from the cold dead hands of the Baby Boomers.

This issue came to a head on Capitol Hill yesterday when Luke Russert “irritated” Nancy Pelosi by asking if her decision to stay on as Minority Leader “prohibits the party from having a younger leadership.” Pelosi snapped at him as if the question was inappropriate and ageist. And it probably was. But at the same time, the three top ranking House Democrats are 72, 73, and 72… which is freaking ancient. And their presence is clearly choking off opportunities for younger people with newer ideas.

The issue is also coming up in Pennsylvania where six old-ass judges are suing to overturn a state law that requires them to retire by the age of 70….

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‘I’m coming for you, SCOTUS.’

Legal elites fared well on election night. For example, Harvard law professor Elizabeth Warren is now Senatrix-elect Elizabeth Warren, after expertly landing Langdell Hall on top of Scott Brown (“I’ll get you, my pretty, and your little pickup truck too!”). As a Divacrat — I support strong, strident, brilliant (sorry Sarah Palin) women, regardless of their political party — I’m already fantasizing about Clinton/Warren in 2016.

Joining Warren on the Senate floor will be another great legal mind who spent some time in Cambridge, Harvard law grad and former SCOTUS clerk Ted Cruz. The Morgan Lewis partner is one of several current or former Biglaw attorneys who won office on Tuesday. (For more, see Am Law Daily.)

The biggest winner of the evening, of course, is also a legal elite: President Barack Obama. He’s a former law professor, like Warren; an HLS grad, like Cruz; and the first African-American president of the Harvard Law Review. Things don’t get much more elite than that.

And in the legal world, things don’t get much more elite than the United States Supreme Court. This brings us to today’s question: What will a second Obama term mean for the Supreme Court?

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‘OMG, you’re totally a fertile octogenarian!’

When surveying an average law school class, among every other stereotypical type of law student — from the gunners right down to the kids you didn’t know were in the class until they showed up for the final — you’ll typically see a nontraditional student, or, in less polite terms, an old fart. Almost every law school class has at least one of them, and they’re usually more than a bit annoying.

These mature law students tend to favor old-fashioned notebooks over laptops for note-taking during class, and they like to rub elbows with their professors, if only because they’re the same damn age. You may even hear a story or two about how one time, they had to walk uphill, both ways, IN THE SNOW, just to get to school. Ahh, memories — but in truth, most of their classmates would prefer that they just STFU about the good ol’ days.

So what happens when you’ve got an older law student in your midst who also happens to be a well-known author and technology journalist, complete with his very own Wikipedia page? Of course, the most logical course of action for budding lawyers would be to hack it….

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