More on Crystal City Justice

CrystalCourthouseTXDoT1939.jpgChecking again on Ford Motor Company’s troubles in Crystal City, this Chronicle article reports on the hearing in regard to Ford’s motion to set aside the $28 million jury verdict that a jury rendered against Ford in a wrongful death lawsuit earlier this year. Ford’s motion is based on a variety of grounds, including the following information that was confirmed during the hearing about the original jury foreman in the trial:

[The original jury foreman] acknowledged on the stand she and [the plaintiff’s lawyer] were romantically involved, that she had helped him sign up clients for this case and had worked for him as a jury consultant in other cases.
But, she said, those factors did not affect her ability to be fair as a juror in the case.

Yeah, right. And if you believe that, I’ve got some swamp property near Beaumont that will be a nice weekend getaway spot for you and your family.
Incredibly, the girlfriend’s relationship with the plaintiff’s lawyer was not her only connection with the case:

In addition to her relationship with [the plaintiff’s lawyer], [the girlfriend’s] sons from a previous marriage were first cousins to one of the deceased victims.

What has not been reported is how the girlfriend was able to hide her relationship with the plaintiff’s lawyer from Ford’s attorneys during the voir dire (i.e., questioning) of the jurors before trial. Likewise, there has been no report yet on the rationalization of the plaintiff’s attorney as to why he did not disclose his relationship with the girlfriend before she was placed on the jury. Depending on the answers to those questions, both the girlfriend and the plaintiff’s lawyer may have much bigger legal problems than having a $28 million verdict set aside.
Crystal City is about 90 miles southwest of San Antonio near the Texas-Mexico border. Here is a KSAT.com story on the proceedings.

Early review of “The Return of the Sith”

yoda.jpgDon’t count The New Yorker movie reviewer Anthony Lane as one of the admirers of the latest and (hopefully) last installment of George Lucas’ lucrative sci-fi bonanza, Star Wars: Episode III?Revenge of the Sith. The following are a few gems from his review of the movie that appears in the latest issue of the magazine:

“The general opinion of ?Revenge of the Sith? seems to be that it marks a distinct improvement on the last two episodes, The Phantom Menace and Attack of the Clones. True, but only in the same way that dying from natural causes is preferable to crucifixion.”
“So much here is guaranteed to cause either offense or pain, starting with the nineteen-twenties leather football helmet that Natalie Portman suddenly dons for no reason, and rising to the continual horror of Ewan McGregor?s accent.”
“[T]he one who gets me is Yoda. May I take the opportunity to enter a brief plea in favor of his extermination? Any educated moviegoer would know what to do, having watched that helpful sequence in Gremlins when a small, sage-colored beastie is fed into an electric blender. A fittingly frantic end, I feel, for the faux-pensive stillness on which the Yoda legend has hung. At one point in the new film, he assumes the role of cosmic shrink?squatting opposite Anakin in a noirish room, where the light bleeds sideways through slatted blinds. Anakin keeps having problems with his dark side, in the way that you or I might suffer from tennis elbow, . .”
“The prize for the least speakable burst of dialogue has, over half a dozen helpings of ?Star Wars,? grown into a fiercely contested tradition, but for once the winning entry is clear, shared between Anakin and PadmÈ for their exchange of endearments at home:

You?re so beautiful.?
?That?s only because I?m so in love.?
?No, it?s because I?m so in love with you.?

For a moment, it looks as if they might bat this one back and forth forever, like a baseline rally on a clay court.”

Ole’! Enjoy the entire review.

Busy hurricane season predicted

hurricane.jpgThe National Oceanic and Atmospheric Administration issued its annual storm forecast yesterday, and the NOAA is predicting from 12 to 15 tropical storms during this upcoming hurricane season (June through November). Or, as Fark translates, “We have no clue how many hurricanes there will be, so we say ‘a lot’ to keep our asses covered.”
At any rate, the NOAA predicts that seven to nine of the storms could become hurricanes, and that three to five of those could become major hurricanes, which are defined as category 3 (winds of between 111-130 mph; here is a hurricane category chart) or above. Nine hurricanes developed during the hurricane season last year and four of those hammered Florida over a 40 day period.
Public officials along the upper Texas Gulf Coast are particularly concerned with the NOAA’s forecast because the Houston area has not been directly hit with a hurricane since Hurricane Alicia, which was a category 3 storm in 1983. The eye of that storm came in on West Beach on Galveston Island and then essentially followed a path along I-45 through downtown Houston and beyond. The damage to the area was incredible, and left thousands of Houstonians without power for weeks. As bad as Alicia was, however, oldtimers in Houston contend that it was nothing compared to the destruction that was caused on September 11, 1961 by Hurricane Carla, which was a category 4 (winds of 133-155 mph) storm that had the same minimum barometric pressure as the great 1900 storm that killed over 6,000 people in Galveston.
Finally, this series of Houston Chronicle articles earlier this year revealed that many state and local public officials do not believe that they safely evacuate all coastal residents on the upper Texas coast in the event of a Category 4 or 5 hurricane. Not a comforting thought as we head into an active hurricane season at a time when the Houston area is long overdue to take a direct hit from a storm.

Perelman hammers Morgan Stanley

MorganStanley.gifBased on the developments related in this previous post, it’s not particularly surprising that a Florida jury awarded billionaire financier and Revlon, Inc. chairman Ronald Perelman $604.3 million against Morgan Stanley on his claims that Morgan defrauded him when he sold about an 80% stake in camping-gear maker Coleman Inc. to Sunbeam Corp. in 1998. Shortly thereafter, Sunbeam went into chapter 11, undercutting the value of much of the $1.5 billion consideration that Mr. Perelman received under the deal.
To make matters worse, the $604 million award is for compensatory damages only. Inasmuch as Mr. Perelman is also claiming entitlement to punitive damages, Morgan’s damages in the case could rise to almost $2.5 billion. Finally, all of this carnage comes after Morgan Stanley had rejected a $20 million settlement offer from Mr. Perelman during early stages of the case.
As noted in the earlier post, Mr. Perelman’s case was helped by the earlier default judgment that the state court judge approved as a sanction for Morgan Stanley’s discovery abuse in failing to turn over documents (mostly emails) to Mr. Perelman’s legal team. Accordingly, the judge instructed the jury during the trial that it must accept as fact that Morgan Stanley helped Sunbeam defraud investors. As a result, Mr. Perelman only had to persuade the jury that he relied on representations made by Morgan Stanley or Sunbeam and that he lost money.
The judgment comes during a troubled time for Morgan Stanley, which is currently undergoing a management revolt in which former executives are attempting to persuade the Morgan board to replace Morgan CEO Philip Purcell over how he is running the company. Morgan is in the “trust” business and, at some point, troubles such as those Morgan is experiencing can undermine customers’ trust in Morgan’s financial integrity. That lack of trust is what brought Enron down, and Morgan’s board needs to be concerned with that same dynamic.