Another Justia.com search tool

justia.jpgAs noted earlier here and here, Tim Stanley and the folks over at Justia.com are developing some of the best and most useful legal search engines on the Web. I’ve been meaning to pass along a recent email from Tim, which introduces yet another cool tool:

“We have put online the Federal District Court case opinions and orders that are available using the opinion report in the Federal Courts’ ECF. These are updated daily. We have categorized the opinions by state, court, type of lawsuit and judge and combinations of judge and type of lawsuit. You can also subscribe to each of categories through RSS feeds to track a judge or court’s decisions on different issues. And we also give the cause of action for each case.
We are using Google’s hosted Business Custom Search Engine for the full text search. Google is now OCRing PDF image files, so even PDF files that have images of scanned documents will be in most cases full text indexable and searchable. Like the OCR of Google’s Book Search. You will need to look at the cached copy to see the highlighted searched text though, and then find in the original PDF to be 100% that what you are reading is correct. Google should be doing a pretty good job of indexing and ocring these court decisions, although it may take a few days for a new document to show up in the index.
We have also noted on the federal district court case filing database when we have a judge’s opinion (you will see a little gavel. The case filings are at here.”

A couple of Houston legal legends

jamail%20and%20haynes.jpgIf you didn’t catch it over the weekend, don’t miss Mary Flood’s article and related blog post on two legends of the Houston legal community, plaintiff’s lawyer Joe Jamail and criminal defense attorney, Richard “Racehorse” Haynes.
I’ve been blessed to have had the opportunity to watch both of these masters in action over the years. Jamail’s special talent is in his ability to talk to and relate with jurors, while Haynes is, bar none, the best craftsman of cross-examination that I have ever seen in a courtroom. Take a moment to learn more about two of the most important Houston lawyers of our time.
Photo of Jamail and Haynes by Johnny Hanson.

The Wyatt Oil-for-Food Trial

Oscar%20Wyatt%20090507.gif83-year old legendary Houston oilman Oscar Wyatt will be fighting to live the remainder of his life as a free man beginning today in a U.S. District Courtroom in New York City. Wyatt is being tried on criminal charges that he bribed Iraqi officials in a scheme to acquire Iraqi oil in violation of the United Nations’ oil-for-food program (previous posts here, here, here and here). The Houston Chronicle ran major stories here and here on the trial over this past weekend, and the NY Times story on the beginning of the trial is here.
The Wyatt trial has the potential to be particularly noteworthy because of a part of the defense strategy — to paint the prosecution as political payback by two of Wyatt’s old oil field rivals, U.S. President George W. Bush and his father, George H.W. Bush, the former president.
Wyatt is charged with conspiracy, wire fraud and trading with a country that supports terrorism. The indictment essentially alleges that he arranged for about $4 million in secret payments to Iraqi officials funneled through shell foreign companies and Swiss intermediaries to the Iraqi government from 2000 through 2002. In response, Wyatt contends that the U.S. government has targeted him for prosecution because he has been an outspoken critic of the two Bush administrations, particularly over the two wars in Iraq. Wyatt is the most prominent U.S. businessman indicted in the affair, althought eight other individuals have been convicted or pleaded guilty to similar charges to those against Wyatt. Likewise, charges are pending against five others.
A 2005 report from a commission led by former U.S. Federal Reserve Chairman Paul Volcker alleged widespread corruption in the $64 billion oil-for-food program, which was created to allow Iraq sell oil and use the proceeds to buy humanitarian goods to offset sanctions imposed after the Desert Storm War in 1991. Mr. Hussein’s 1990 invasion of Kuwait. The Volcker commission’s report accused 2,200 companies from 40 countries of conspiring with Saddam Hussein’s regime to divert $1.8 billion from the supposedly humanitarian campaign.
Jury selection is scheduled to begin today and the trial is expected to last four to six weeks. Wyatt and his defense attorney — noted New York criminal defense attorney Gerald Shargel, who previously represented the late reputed mobster, John Gotti — have not yet decided whether Wyatt will take the stand in his own defense. This one looks to be worth the price of admission, so stay tuned.

You don’t say?

speeding%20ticket.gifThis NY Times article reports on more research that goes into the “who needs a research project to prove that?” category:

. . . the broader question ó whether police officers in some towns are motivated by fund-raising as well as safety when writing traffic tickets ó has been examined systematically by others. Michael D. Makowsky, a doctoral student in economics, and Thomas Stratmann, an economics professor, both at George Mason University, studied the issue in a recent paper, ìPolitical Economy at Any Speed: What Determines Traffic Citations?î
They examined every warning and citation written by police officers in all of Massachusetts, excluding Boston, during a two-month period in 2001 ó over 60,000 in all. Their conclusion wasnít shocking to an economist: money matters, even in traffic violations. They found a statistical link between a townís finances and the likelihood that its police officers would issue a speeding ticket. The details are a little sticky, but they show that tickets were issued more often in places that were short on cash, and that out-of-towners received tickets more often than drivers with local addresses.

On the Billable Hour

Stu%27s%20Views%20Me%20Hold.gifA couple of interesting posts recently on the scourge of the business community — the billable hour — gives me the opportunity to pass along the cartoon on the left from the always-insightful Stuart M. Rees of Stu’s Views.
First, local law school blawger Luke Gilman provides a compendium of links and analysis to his comprehensive review of the state of the billable hour. Meanwhile, Peter Lattman over at the WSJ Law Blog provides this post on the breaking of the heretofore sacrosanct $1,000-an-hour billing rate, which includes local attorney Steve Susman’s classic observation that he charges in excess of a grand per hour “to discourage anyone hiring me” on an hourly basis.
Me, I continue to subscribe to the theory that I won’t charge an hourly rate that is higher than I could afford to pay if I need to hire an attorney. ;^)

Legal ethics — an oxymoron?

ethics.gifThe discussion began last week when the New York Times ethicist, Randy Cohen, ran the following question in his column:

I am a lawyer. During a first date with another lawyer, we had sex, and I wore a condom. Days later, when I came down with a bad fever and couldnít determine the cause, she revealed that she had genital herpes. A judgeship will soon open up in her county, and sheís a near lock for it. But if I report her lapse of sexual ethics, I doubt that the selection committee will pick her. Should I? ó NAME WITHHELD

Cohen replied as follows:

You should not. No doubt your paramour acted dreadfully. She should have told you that she had herpes and let you decide whether you wished to accept that risk. But the selection committee is not choosing a role model for the kids or someone to ride the express elevator to heaven; it seeks a person who will excel at a particular job. I do not believe that this sort of sexual misconduct correlates with an inability to be a good judge. [. . .]
Some private conduct does bespeak an inability to do a job. A would-be jurist who belonged to the Klan or even one who regularly used racist slurs would not inspire confidence in his or her ability to dispense equal justice to all. You should come forward with relevant information like that. But being unscrupulous in bed does not presage being inept on the bench, and so you should keep this demoralizing episode to yourself. And your doctor.

So, then Peter Lattman over at the WSJ Law Blog ran a post on Cohen’s column and all hell broke loose in the comment section to Lattman’s post. A few choice ones:

“Who cares! Sue the condom maker!”
“Great question! I am posing it to my Professional Responsibility students immediately. Thanks for the help.”
“Leave it up to bunch of lawyers to discuss medicine. Totally absurd. The law profession is essentially an STD of society, recurring pain and not curable. As far as I am concerned, this is medically inaccurate and you all deserve the real disease.”

U.S. District Judge Sam Kent takes a leave

sam%20kent%20120107.jpgThis Mary Floor/Harvey Rice-Chronicle article (related blog post here) reports tha U.S. District Judge Sam Kent of Galveston is taking a four month leave from his bench. Judge Kent, who runs a tight ship, was recently in the news as the judge in the lawsuit that Houston based Landry’s Restaurants, Inc filed and then settled with the holders of most of its bond debt. Interestingly, one of Landry’s attorneys in that case reportedly has advocated forum shopping for certain of his cases in the past. The Chronicle article clearly suggests that Judge Kent’s leave is not voluntary, but there is no suggestion that the leave has anything to do with the Landry’s case or any other case, for that matter. Such a leave is a bit unusual, though, so stay tuned.

In Dr. Pou’s words

Anna%20M%20Pou082707.jpgDr. Anna Pou (previous posts here), the former faculty member of the University of Texas Medical Branch in Galveston, performed heroically in the horrific aftermath of Hurricane Katrina. For her heroism, she became the main subject of one of the most egregious examples of prosecutorial misconduct in recent memory. In this extensive Newsweek article, Dr. Pou finally tells her side of the story and it magnifies the enormity of the injustice that a few irresponsible Louisiana state officials have put her through. The following are a few tidbits:

What was it like after the levees broke?
Monday after the storm passed, we figured, ëOK, minimal damage; we began organizing how we were going to evacuate the hospital.í We didnít have full power so we needed to move patients. Tuesday morning we were planning our day and one of the nurses called me to the window and said youíve got to come see this. Water was gushing from the street. So we all kind of looked in disbelief. What is this? We could tell the city was flooding, you could see water down Claiborne Street. It was rising about a foot an hour. Then the whole mood at the hospital changed and what we were doing changed. We were in hurricane mode and we had to go into survival mode because we knew we had to be there for some time.
How did things change on Wednesday?
Tuesday night, we lost generator power, and that changed things a lot. ëTil then we were on generator power so we did have some lights, and we did have some water. Water wasnít clean, but it was running. But then we didnít have water, we didnít have any electricity, commodes were backing up everywhere. Conditions in the hospital started to deteriorate Tuesday night and early Wednesday. When that happens it makes care a lot more difficult. I was called to help suction a patient who had a tracheotomy but we had no suction running. We were going down to very, very basic care. You try every old-time method you can Ö [P]eople in charge were trying to get helicopters to come, [but] at that time we were told we were low priority. There were people on rooftops [who were going to get rescued first]. They said Ö thereís not going to be a lot of help coming, [so] what we decided [was] if helicopters were going to show up sporadically, we have to have patients ready and waiting to go. [. . .]
The conditions were unbearable. Inside the hospital it was pitch black, with odors, smell, human waste everywhere. It was very rancid. You would take a breath in and it would burn the back of your throat. The patients were very sick. Thatís when we had to go from triage to reverse triage because we came to realize if patients arenít being evacuated, [we had to deal with what we had]. Basically it was a general consensus that weíre not going to be able to save everybody. We hope that we can, but we realize everybody may not make it out. [. . .]
By the time Wednesday evening came around, if you can imagine in our mind, there is a central area that is a sea of people. A lot of very sick patients in that central triage area. Itís grossly backed up. Few patients had been evacuated. So there was just enough space to walk between the stretchers. It is extremely dark. Weíre having to care for patients by flashlight. There were patients that were moaning, patients that are crying. Weíre trying to cool them off. We had some dirty water we could use, some ice. We were sponging them down, giving them sips of bottled water, those who could drink. The heat wasóthere is no way to describe that heat. I was in it and I canít believe how hot it was. There are people fanning patients with cardboard, nurses everywhere, a few doctors and wall-to-wall patients. Patients are so frightened and weíre saying prayers with them. We kind of looked around at each other and said, ìYou know thereís not a whole lot we can really do for those people.î Weíre waiting [for help]. The people in that area could have [been evacuated] by boat but no boats were coming. I would do what I could with the nurses: changing diapers, cooling patients down with fanning. It wasnít like, ìIím a doctor, youíre a nurse.î We were all human beings trying to help another human being, whatever it took.
What happened Thursday?
On Thursday morning we were told nobody was coming and we had to fend for ourselves. Everybody was kind of like at a loss here. What is plan B? Or plan C?

Continue reading

Not your typical highway robbery

cash%20082707.jpgCarrying too much cash is now probable cause of a crime?:

Anastasio Prieto of El Paso gave a state police officer at the weigh station permission to search the truck to see if it contained “needles or cash in excess of $10,000,” according to the American Civil Liberties Union, which filed the federal lawsuit Thursday.
Prieto told the officer he didn’t have any needles but did have $23,700.
Officers took the money and turned it over to the DEA. DEA agents photographed and fingerprinted Prieto over his objections, then released him without charging him with anything.
Border Patrol agents searched his truck with drug-sniffing dogs, but found no evidence of illegal substances, the ACLU said. […]
DEA agents told Prieto he would receive a notice of federal proceedings to permanently forfeit the money within 30 days and that to get it back, he’d have to prove it was his and did not come from illegal drug sales.
They told him the process probably would take a year, the ACLU said.

H’mm. I didn’t realize that one of the dangers of carrying a large amount of cash is now the federal government.

Copland on Stoneridge v. Scientific-Atlanta

golfplated%20scales%20082407.jpgJim Copland, the director of the Center for Legal Policy at the Manhattan Institute, provides this particularly lucid analysis of the important legal and public policy issues involved in the pending Supreme Court case of Stoneridge Investment v. Scientific-Atlanta, which could seriously erode the longstanding Central Bank rule against holding financial institutions secondarily liable for damages in providing financing for a company that defrauds its investors:

Nothing in the securities laws as written enables private investors to file lawsuits over alleged frauds. Courts have inferred such ìprivate rights of actionî stemming from section 10(b)(5) of the Securities Exchange Act of 1934, but the Supreme Court limited such private suits to ìprimaryî violators in 1994 in a case called Central Bank of Denver v. First Interstate Bank of Denver. The court expressly declined to embrace liability for companies ìaiding and abettingî frauds that injured shareholders.
After Central Bank, Congress quickly jumped in to clarify that the Securities and Exchange Commission itself had authority over an entity that ìknowingly provides substantial assistance to anotherî in securities-related frauds. But Congress wisely decided not to extend such authority to private lawsuits.
If the Supreme Court decides to endorse such suits notwithstanding congressional inaction, the implications for U.S. competitiveness could be profound. Anyone doing business with a publicly listed American company would be subject to a potential lawsuit should that companyís stock price tank ó and would thus have to hire extra auditors and take out insurance policies to protect against such lawsuits. The disadvantages for listing on American stock market, already significant, would be that much more substantial.

And if you want an example of the absurdity of what would happen if the Central Bank rule is overturned or eroded, read this.