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, [...]
Do Paterno And Spanier Have Golden Parachutes At Penn State?
The Sandusky child molestation scandal at Penn State continues to be the biggest legal news in Pennsylvania. One lawsuit against Penn State and the Second Mile has already been filed, presumably because the victim was either nearing, or had already passed, the statute of limitations. A civil lawsuit can be filed at any point after a criminal act, though in that case the civil litigation is usually put on hold until the criminal case is finished. I've already discussed most of the issues in the cases that could be filed by sexual abuse survivors in my previous post, linked above, ... Continue Reading
NFL Lockout Injunction Reversal: Using Labor Law Against Employees
Big news in the sporting and antitrust litigation worlds — which overlap considerably — on Friday when the U.S. Court of Appeals for the Eighth Circuit (which hears all appeals in federal cases filed in the states between North Dakota, Minnesota, Arkansas, and Nebraska), reversed a preliminary injunction imposed by the U.S. District Court for the District of Minnesota prohibiting the NFL owners from imposing a “lockout” on players. The order is posted here; when I reference Opinion and Bye Dissent below, I'm referring to that PDF. Two judges, Colloton and Benton (both appointed by George W. Bush — hold that ... Continue Reading
The HuffingtonPost Bloggers Class Action Lawsuit Won’t Go Anywhere
Writing has always been a tough business, one dependent upon unorthodox forms of compensation. Charles Dickens' novels used to come with advertisements for alpaca umbrellas and quack medical treatments. One of Toni Morrison's books was loaded with ads for cigarettes, the New York Times just put up an expensive but easily avoided paywall. Which brings us to the Huffington Post, long despised by other writers who resented its obsession with search engine optimization and by SEO professionals who resented its success in repackaging other's content. But nobody hated the Huffington Post as much as its own bloggers, the folks who generated a ton of its content ... Continue Reading
Good Lawyers (And Doctors) Aren’t Cheap Because They Can’t Do Piecemeal Work
Fred Wilson, the always inspiring venture capitalist, posted yesterday A Challenge To Startup Lawyers: We closed an investment recently. It was a seed round. Our firm priced the round and we were joined by a number of small VCs and a few well known angels. We agreed to close on a standard set of "light preferred" documents without negotiation. There was no investor counsel on the transaction. We just signed the standard documents which were tweaked to reflect the round size, share price, and board provision in the term sheet. The legal fees for this transaction were $17,000. I talked ... Continue Reading
Deposition Rope-A-Dope: The Oldest Trick Of Uncooperative Witnesses
The Wall Street Journal Law Blog points us to a typical deposition transcript out of Cleveland about a copy machine: Plaintiffs’ lawyer: During your tenure in the computer department at the Recorder’s office, has the Recorder’s office had photocopying machines? Deponent’s Lawyer: Objection. PL: Any photocopying machine? Deponent: When you say “photocopying machine,” what do you mean? PL: Let me be — let me make sure I understand your question. You don’t have an understanding of what a photocopying machine is? D: No. I want to make sure that I answer your question correctly. . . . D: When you say “photocopying ... Continue Reading
Third Party Litigation Funding CLE Hosted By The Pennsylvania Bar Institute
You know what’s cool? Apparently a billion dollars isn’t cool, according to Sean Parker, no matter what Justin Timberlake in The Social Network might have to say about it. But what is cool is third-party litigation financing. Don’t believe me? Binyamin Appelbaum at the NYTimes and the Center for Public Integrity did a whole series on it called “Betting on Justice,” (here’s the same piece at the CPI) with a Room for Debate piece on it called “Investing in Someone Else’s Lawsuit.” The American Bar Association, nudged by the series, has set up a working group to examine the issue. ... Continue Reading
Alas, National Banks Have Virtually No Fiduciary Duties To Depositors And Are Almost Impossible To Sue
I've sued several multinational banks for breaches of fiduciary duty and breaches of contract, and have always been amazed their lack of any accountability or responsibility. It's not just a handful of instances of banks selling a company's loan to their competitor and bank lawyers lying to federal regulators. They live in a different world from you and I. In one of my cases, a bank fired a financial adviser because he was covering his gambling losses by stealing from clients. All well and good, until the bank covered up the whole mess and didn't tell any of his clients ... Continue Reading
Does The Philadelphia Housing Authority Owe Carl Greene Over $600,000?
When I first saw the headline in The Philadelphia Inquirer — "Greene suit says PHA ruined reputation" — I thought: has Carl Greene lost his mind? I interpreted the "ruined reputation" as referring to a defamation claim, and I could not see how Greene could possibly sue the Board of the Philadelphia Housing Authority for defamation. The primary allegations are indisputable: Greene was accused of several instances of sexual harassment, the accusers brought suit, and Greene authorized the PHA and their insurer to settle those cases. The PHA Board is now investigating how those claims were handled and has not reached ... Continue Reading
Do You Know The Muffin Man, Who Lives Under A Trade Secrets Injunction?
As The Legal Intelligencer reported, When a top-level executive suddenly quits to take a job at a competing firm, the courts have the power to block the start of the new employment if the evidence shows that such an injunction is needed to prevent a likely misappropriation of trade secrets, the 3rd U.S. Circuit Court of Appeals has ruled. The ruling came in Bimbo Bakeries USA Inc. v. Botticella, in which the appellate court considered whether the manufacturer of Thomas' brand English muffins was entitled to an injunction that barred one of its top-level executives from taking a new job ... Continue Reading
“The Shack” Lawsuits Raise A Law School Exam’s Worth of Federal Courts Issues
The Los Angeles Times featured a story about the legal saga that has enveloped the Christian bestseller The Shack: "The Shack," William Paul Young's novel about a man rediscovering lost faith after the murder of his 5-year-old daughter, started out as a manuscript no one would touch. Finally, pastors Wayne Jacobsen and Brad Cummings discovered the book and created a start-up, Windblown Media, to publish it. The novel sold a million copies for them in the first year, eventually ending up at No. 1 on the New York Times' trade paperback bestseller list. Then Hachette Book Group got involved. In ... Continue Reading