May 8th, 2011

Would Scalia Like The Original Supreme Court?

The poorly lit Old Supreme Court Chamber, as it existed on April 22, 2011 when I visited

Scott Greenfield reports that there are major problems over at the US Supreme Court due to ongoing renovation. Seems that the Court would like to continue using the building while the renovators due to their thing. Anyone that has ever lived in a house while it is being renovated can appreciate the predictable problems. As Greenfield notes (via a walled off Tony Mauro story):

U.S. Supreme Court Justice Antonin Scalia was making a presentation to foreign dignitaries at the court a few years ago when the sound of a hammer drill erupted nearby.

In 2006, Chief Justice John Roberts Jr. was in the midst of a filming session when a noisy construction worker interrupted.

Vignettes like these from the long-running $75 million renovation of the court’s majestic building in Washington are central to a sharp dispute that has broken out between the construction company doing the work and the government agency overseeing the project.

Conflicts between the Court’s desire to continue using the building and the contractor wanting to get the job done have resulted in$40M in overruns. And some of that work has even taken place while the Court is in session:

In another incident in 2006, Grunley [Construction]  workers were found using a hammer drill and pouring concrete while the court was in session.

“When questioned, Grunley’s superintendent was not even aware that it was a court day,” according to a report from the Architect of the Capitol.

So this is my humble suggestion, which should go over well with the originalists on the court: Use the original Court. It was used from 1810-1860 and sits vacant in the basement of the Capitol building across the street. Chief Justice John Marshall presided here, as did Roger Taney who succeeded him. The robe rack for Taney is still there, labeled with his name, and waiting for his ghost or a successor to come use it.

I visited two weeks ago, and took the pictures you see here. Yeah, it’s a bit dark and dungeon-like (hence the low quality picture quickly snapped with an iPhone), but hey, it’s original. Who can argue with that?

(More history and virtual tour at this Senate site)

 

May 7th, 2011

Alabama Tornado Victims (And Free Legal Help)

The killing of Osama bin Laden has overshadowed all other news. But that is to the detriment of Alabama tornado victims that were hit just days before, when over 300 people died.

The search for survivors continues.

And there is free legal help available:

Jon Lewis from Birmingham has the details.

The word should be spread, so that people know about it.

See also: Pro Bono Push Part of Alabama Tornado Recovery (National Law Journal)

 

May 5th, 2011

Charlie Crist, Personal Injury Lawyer

You may remember Charlie Crist. He was the governor of Florida. He’s moved on from politics now and gone to work for Morgan & Morgan, the largest personal injury firm in Florida.

Ain’t nothing wrong with that. Based on what I do for a living, you would expect me to support those that fight on behalf of consumers against behemoth insurance companies that treat people like files.

But I do have a bone to pick. It’s about his 10-second commercial:

I’m Charlie Crist. If you need help sorting out your legal issues as a result of an accident or insurance dispute, visit me at [email protected].

Now I understand it’s tough to create a quality personal injury commercial (and also tough to create a decent PI website, as I’ve discussed). But it can be done. And with that, I return you to the best PI commercials I have ever seen, from the New York firm of Trolman, Glaser & Lichtman: Power Company, Machete, and Song Stuck in Head.

And so, a note to Morgan & Morgan. You spend enormous sums of money advertising in Florida. You can do better than having a former governor do a 10-second spot that says “visit me.” If your ad agency lacks the creative juices to break out of the tired mold of “If  you’ve been injured, blah, blah, blah,” then find a new agency where people have some imagination.

(Hat tip: Mitchell Senft)

 

April 28th, 2011

Linkworthy

Things I would write about if I only had the time…

Traffic deaths are at a stunning 60-year low. Can we blame the lawyers a little?

The New England Journal of Medicine on medical malpractice liability “reform;”

A New York appellate court upholds a multi-million dollar verdict for a man on the tracks that was hit by a subway;

Fantastical’ 9/11 Lawsuit Could Lead to Sanctions for Lawyer, 2nd Circuit Says; and a 9/11 wrongful death case goes to trial like a speed-chess match;

Twitter art. To Scott Greenfield. Part of Charon’s art series;

And Greenfield again on clients being referred to as “leads” by marketers. And he ain’t happy ’bout that;

From the “You learn something new every day Department,” my former lawyer Ted Frank was one of the people that vetted Sarah Palin for the Vice Presidency. And had I known that about Ted when I hired him, well, uhh, I would have hired him anyway (via Point of Law);

Today’s trial practice tip: Learn how to tell a story. A subject I visited four years (!) ago: Telling the story from the middle;

The press reported that Obama released his birth certificate. But they all seemed to blow the story. It was Hawaii that did;

Want to run a half-marathon trail race near New York City? What the hell, I’ll plug a race I created, which this year hopes to send 750 people racing across one of the great half-marathon race tracks in the northeast: Paine to Pain Opens Registration. And if you insist on some kind of legal angle, I wrote previously about how you meet real people and make real friends by doing this (as opposed to pseudo-follower-friends), and also about assumption of risk. But really, it’s mostly about running around in the woods like a kid.

 

April 27th, 2011

Barney Frank: Injured People Must Sacrifice Even More

Frank: The injured haven't suffered enough.

Rep. Barney Frank has decided to join the tort “reform” movement, asking that those who’ve been catastrophically injured should pitch in more to help with national financial troubles caused by others. In an article today in The Hill, he had this to say:

“I also am ready, as a liberal, to look at the whole question of malpractice and liability reform,” Frank said during an appearance on MSNBC’s “Morning Joe” program, according to a transcript. “People who are injured ought to be compensated, but I do think that that’s something that I would throw in if we had an otherwise overall compromise [on the national debt], because I recognize everybody’s got to give something to get this.”

In other words, those who have been most badly injured (the ones most likely to be most affected by restrictions on civil suits) haven’t sacrificed enough by virtue of their disabilities, diminished (or lost) employment, and destruction of lifestyle.

Now, according to Frank, they also need to give some level of immunity to those whose negligence caused them to be injured in the first place.

And somebody in his office ought to give him a copy of the recent study from Columbia Presbyterian/Cornell. That’s the one where the obstetrics and gynecology department lowered their malpractice costs by over 90% by improving patient safety.  You see, the best way to lower malpractice costs is to lower the incidents of malpractice. But if you choose immunity instead,  you will only end out killing patients by killing the incentive to improve.

See also: Why Medical Malpractice “Reform” Will Increase the Deficit, Not Reduce It (Joanne Doroshow @ HuffPo)

Photo by Martin Schoeller, The New Yorker