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Federal Judge Green-Lights RICO Suits Against Title Insurers

The Legal Intelligencer

In a major setback for several title insurers, a federal judge has refused to dismiss a trio of class action consumer RICO suits that accuse the companies of engaging in a pervasive pattern of overcharging for title insurance by systematically ignoring entitlement to statutory discounts. Although title insurers have been battling a wave of consumer litigation in recent years, the three decisions by U.S. District Judge Joel H. Slomsky mark the first time that a court has green-lighted RICO claims.

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Lively Arguments in Tobacco Case Center on Preclusive Effect of Factual Findings

Fulton County Daily Report

In a lively and complex argument before an 11th Circuit panel on Tuesday, lawyers for the nation's largest tobacco companies wrangled with attorneys for a woman whose husband died of lung cancer over whether factual findings in a Florida case may be applied in some 4,000 federal death and injury suits. The arguments focused primarily on whether plaintiffs pursuing individual suits in federal court would have to relitigate matters decided by the state court in 2006.

To Haiti and Back: 'I Saw Things I Wish I'd Never Seen,' Says Sutherland Partner

The American Lawyer

In the days following the earthquake that hit Haiti on Jan. 12, Sutherland Asbill & Brennan's employees contributed to ServeHAITI, a faith-based organization that works on the ground in the Caribbean nation. In addition, firm partner Peter Anderson, a board member of the nonprofit, traveled with two U.S. doctors to volunteer in Haiti. Setting out on Jan. 18, he returned home to Georgia a week later. Shortly after his return, The Am Law Daily spoke with him about the enormity of the struggles that Haitians are now facing.

'Tantrum' E-Mail Gets Ball Rolling on Thawing Stanford Assets

Fulton County Daily Report

As attorney Jason W. Graham tells it, an e-mail he sent to his opposing counsel out of pure frustration one Sunday night will lead to his clients getting at least a down payment on millions of dollars of their own money they are seeking to reclaim from a court-ordered asset freeze. Graham, of Graham & Penman, represents 10 former financial advisers who worked for Stanford Group Co., part of the financial institution founded by accused Ponzi schemer R. Allen Stanford.

Federal Judge Calls 2nd Circuit's Approach to Calculation of Attorney Fees 'Condescending'

New York Law Journal

In a critical and cutting 16-page decision, a federal judge has launched a new volley in the ongoing dispute between the judges of the Eastern District of New York and the 2nd U.S. Circuit Court of Appeals regarding the standards for calculating awards of attorney fees. Faced with a remand of an award ordering him to "apply a presumption in favor of" the prevailing fee rate for attorneys in the Eastern District, Judge Frederic Block has affirmed his earlier award of $400 per hour for litigator Frederick K. Brewington.

Judge Put Lawyers on Long Leash in Federal Challenge to Proposition 8

The Recorder

During the federal challenge to Proposition 8 -- the California ballot measure banning gay marriages in that state -- Chief Judge Vaughn Walker took a laid-back approach with evidence and generally let the lawyers try their cases, with a few exceptions. Trial will conclude today, save for closing arguments, which will happen in a few weeks. That gives Walker time to come up with specific questions based on the evidence, which will be a key measure of where he stands in crafting factual findings that might stand up on appeal.

7th Circuit Says, With or Without Class Status, Federal Court Will Hang On to Case

The National Law Journal

The 7th Circuit has cleared up a jurisdictional question related to the Class Action Fairness Act of 2005, ending what Judge Richard Posner called the potential for "ping-pong" between the federal and state courts. The court ruled on Friday that even if a case transferred to federal court under the act fails to win class certification, it should still continue in the federal system. The opinion noted the 7th Circuit was joining the 11th Circuit in reaching that holding.

11th Circuit Panel OKs Vacating of Judgment Against Military Contractor in Kuwait

Fulton County Daily Report

An 11th Circuit panel has affirmed a decision by a lower court judge vacating his own default finding against Kuwait & Gulf Link Transport Co., one of the U.S. military's largest contractors in the Middle East. In 2007, federal Judge William S. Duffey Jr. awarded the $4.9 million judgment to the family of Lt. Col. Dominic Baragona, who was killed in Iraq by a KGL vehicle that struck his Humvee. Duffey issued the default judgment after KGL refused to accept delivery of the complaint and did not appear in federal court.

Lawyers for Federal Prosecutor Pitch Immunity Case to Supreme Court

The National Law Journal

A federal prosecutor in Washington, D.C., who is being sued for his alleged role in the removal of a grand juror wants the U.S. Supreme Court to reverse a federal appeals court ruling that went against the government. Lawyers for the prosecutor, Daniel Zachem, an Assistant U.S. Attorney in the District of Columbia, filed a certiorari petition saying the D.C. Circuit ruling is at odds with rulings in the 2nd and 8th circuits that afforded absolute immunity to prosecutors working with grand juries.

Ex-Abramoff Associate Asks to Delay Retrial Until High Court Rules on Honest Services Statute

The National Law Journal

Lawyers for former Jack Abramoff associate Kevin Ring have asked a federal judge to delay their client's retrial to give the U.S. Supreme Court time to rule on three cases that address the federal honest services statute. How the Court comes down will affect what charges Ring would face in a second trial, as well as whether key defense witnesses choose to testify, Ring's lawyers argued. They said it would also determine whether guilty pleas by several government witnesses would remain in effect.

Texas Woman Beaten by Son Must Cover His Legal Costs

The Associated Press

Four months ago, Teresa Fuller allegedly endured a severe beating at the hands of her 15-year-old son after he refused to do his chores. She said she received multiple concussions and has a scattered memory of the last three months of 2009. Not only does she have to live with the lingering physical effects, she has to pay her son's legal bills, prompting her to wonder why the state's court system doesn't do enough to help victims of parental abuse.

Class Decertification in Pfizer Off-Label Marketing Case Upheld

The Legal Intelligencer

A class of plaintiffs in a case against Pfizer over its alleged off-label marketing of an epilepsy drug was properly decertified when Pfizer presented new evidence that the class's main expert didn't prove class members' individual doctors relied on the marketing, the Pennsylvania Superior Court has ruled. The court also ruled a class can be decertified after a decision on the merits if new evidence comes to light.

Obama 'Hope' Artist Faces Criminal Probe Over Statements in Copyright Dispute

The American Lawyer

The existence of a criminal investigation into Shepard Fairey's behavior during a copyright dispute with The AP over the photo that he used as the source of his iconic Obama "Hope" image became public during arguments before a New York federal judge Tuesday. In a sealed motion, Fairey's lawyers were asking the judge for a six-month extension of the discovery deadline in Fairey's copyright suit against The AP -- in part, it turns out, to allow Fairey to delay his deposition in the face of the criminal probe.

Alternative Billing 2.0 Ramps Up the Tech

The American Lawyer

Envision a partner who wants to take on an alternative fee matter inputting data -- such as matter type and duration -- online. Or a "dashboard" that provides daily budgetary updates to partners' computers. Two law firms are embracing such systems to put alternative billing to work.

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First-Year Associates Dish About New TV Series 'The Deep End'

Texas Lawyer

ABC's new lawyer drama, "The Deep End," which focuses on four first-year associates, premiered last week. Texas Lawyer asked five real first-years their opinions on the new show, which is filmed in Dallas. One thing they all agreed on: the show's lack of realism. First-year Benjamin Garry said among the most unrealistic parts of the show were "the unmitigated sexual harassment and the direct and repeated conflicts of interest that no one seemed to care about. Also, no one ever sends me a cupcake basket."

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Round Two Begins in Fight Over Total Attorneys Legal Advertising Site

The Connecticut Law Tribune

The dismissal of grievance complaints against five Connecticut attorneys who have done business with Total Attorneys Inc. meant the end of the ethics battle begun by attorney Zenas Zelotes. But he's now challenging Total Attorneys on the federal level, claiming that attorneys are in effect paying for referrals, which is a felony in Connecticut. One lawyer involved in the grievance process says, "He's just trying to drive people away [from Total Attorneys] by fear. He seems to be in the business of driving us crazy."

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