I’m a trial lawyer for injured people and businesses at The Beasley Firm. Founded in 1958, we have recovered over $2 billion for our clients through hundreds of verdicts and settlements in excess of $1 million. We’re listed in Super Lawyers, Best Lawyers in America, U.S. News’s Top Lawyers, [...]
Contingent Fee Business Lawyers As Venture Capitalists
In the world of venture capitalism, Fred Wilson’s blog, “A VC” is essential reading, and Fred is particularly generous with his insight and information about the field. I read Fred’s blog partly because it’s darn interesting and partly because there are a lot of parallels between venture capitalism and contingent fee litigation. We both take on a lot of risk and invest a lot of time and money for the potential of a big payoff down the road, as compared to regular and steady income. Yesterday, Fred wrote an interesting post about the venture capitalism industry as a whole, and ... Continue Reading
Third Circuit Remands Aircraft Class Action For District Court’s “Shortcomings” In Choice of Law Analysis
Judge Timothy J. Savage of the United States District Court for the Eastern District of Pennsylvania had a straightforward job. All he had to do was: survey the laws of all fifty states with regard to unjust enrichment and breach of the implied warranty of merchantability, Huber v. Taylor, 469 F.3d 67, 82-83 (3d. Cir. 2006) (consideration of the requirements for certification must be conducted in light of the correct jurisdiction's law); see also In re Sch. Asbestos Litig., 789 F.2d 996, 1010 (3d Cir. 1986).; determine whether there were actual or real conflicts between those laws, Hammersmith v. TIG ... Continue Reading
“Why I Choose Temple Law” — Some Advice For An Incoming Law Student
Joe Ross, a contributor to Phillyist, is going to my alma mater, the Beasley School of Law at Temple University. So I commented on his blog. I'll leave the motivational speeches to others. Here's my practical advice to him and other entering law students: Congratulations! Get some commercial outlines, preferably ones keyed to your casebook. Use them in addition to, but not in replacement of, your casebook, which you should at least skim prior to every class. Realize that while the cases in your casebook are selected by a law professor, the text of the cases is edited by a ... Continue Reading
A Great Trial Lawyer, Lucius Seneca, On Keeping Your Law Practice In Perspective
Tim Ferriss, author of The 4-Hour Workweek, has been covering Soticism lately, most recently with a post on Seneca's "On The Shortness Of Life," including this passage: Vices beset us and surround us on every side, and they do not permit us to rise anew and lift up our eyes for the discernment of truth, but they keep us down when once they have overwhelmed us and we are chained to lust. Their victims are never allowed to return to their true selves; if ever they chance to find some release, like the waters of the deep sea which continue ... Continue Reading
Why False Claims Act Whistleblower Cases Need Awards Over $50 Million
Via @walterolson, CQ Politics reported yesterday: The Senate rejected a bid Thursday to impose new limits on whistleblower awards as it moved toward passage of legislation to beef up the government’s ability to combat financial fraud. By 31-61, the Senate rejected an amendment by Jon Kyl , R-Ariz., that sought to set a $50 million maximum on the amount that a whistleblower could receive through a False Claims Act lawsuit to recoup taxpayer funds lost to fraud. Currently, awards can reach 30 percent of the total recovered for the federal government, if a judge approves that much. Kyl said whistleblowers who ... Continue Reading
Ricci v. DeStefano: The Problem of Granting Certiorari After Summary Judgment
Much ink has been spilled over the suit brought by several New Haven firefighters against the city for scrapping the results of a promotional qualification exam, with the firefighters alleging Title VII employment discrimination claims (both disparate treatment and disparate impact) and constitutional Equal Protection claims for the city's decision to scrap those results, allegedly, because an insufficient number of African-Americans had passed the test as compared to whites and latinos. In my humble opinion, the case is procedurally too premature for constitutional review by the Supreme Court. The firefighters weren't wrong to allege a whole host of possible scenarios ... Continue Reading
Another Preventable Small Business Lawsuit Horror Story
A recent post at a prominent club / venue in San Francisco, DNA Lounge: Several years ago, there was some kind of scuffle and one of our customers who was dancing on the stage fell off and hurt her ankle. She sued us. I'm not sure what exactly her reasoning was, but she did, because this is America, and you can sue anybody for anything. She claimed she had spent $4,000 on medical bills (chiropractors!) and asked for $500,000 in pain and suffering. We learned in the discovery phase that this woman had also been in three automobile accidents in the ... Continue Reading
7 of 9 Supreme Court Justices Don’t Know, Don’t Believe, or Won’t Say Who Wrote Shakespeare
The WSJ has a fascinating story about Justice Stevens' investigations into the true authorship of the works of William Shakespeare, which includes this intriguing chart: Shakespeare's Court The Supreme Court on the likely author of Shakespeare's plays: Active Justices Roberts, Chief Justice No comment. Stevens Oxford Scalia Oxford Kennedy Stratford Souter "No idea." Thomas No comment. Ginsburg "No informed views."* Breyer Stratford Alito No comment. *Justice Ginsburg suggests research into alternate candidate, Florio. Retired Justices O'Connor Not Stratford Blackmun* Oxford Brennan* Stratford *Deceased Tell the truth: that's not what you expected. It transcends ideology; Scalia, O'Connor, and Ginsburg all have differing ... Continue Reading
How To Write Your Brief So That The Judge Will Hate You
My interest was piqued by this story in The Legal Intelligencer: In a federal lawsuit, professors David Rudovsky of the University of Pennsylvania and Leonard Sosnov of Widener Law School claim that the December 2008 supplement, or "pocket part," to their book, "Criminal Procedure — Law, Commentary and Forms," was so poorly researched that it will harm their reputations if allowed to remain on library shelves. In an injunction hearing Tuesday, the professors' lawyer, Richard L. Bazelon of Bazelon Less & Feldman, argued that West should be ordered to notify all recipients of the supplement that Rudovsky and Sosnov were ... Continue Reading
A Dialogue With An Emergency Physician About Health Care Reform
Not too long ago, I believe at the recommendation of Walter Olson at Overlawyered, I started reading WhiteCoat Rants (renamed WhiteCoat's Call Room when he moved to Emergency Physicians Monthly), an anonymous blog authored by a voluble ED doctor. I have over 300 feeds in my Google Reader, including venture capitalists, scientists, professors, economists, security professionals, and ship captains, and while I frequently read Grand Rounds, I didn't regularly follow many practicing physicians. So, what the heck. I didn't expect to comment or to debate, just get another perspective. I have my own blog in part to channel the temptation to respond when Someone ... Continue Reading
