Recent Broward Law Blog Features

Showing posts with label Wall Street Journal. Show all posts
Showing posts with label Wall Street Journal. Show all posts

Thursday, March 19, 2009

Justice Thomas Calls Americans Too 'Self-Indulgent.'


Ashley Jones for the Wall Street Blog does a nice piece today on Justice Thomas. Here it is:

Court Justice Clarence Thomas doesn’t do much public speaking, from either the bench or elsewhere. But when he does speak publicly, for us it’s worth listening, if only because he is a man of fervent convictions and beliefs.

The latest from Justice Thomas came during a speech on Monday at Washington & Lee University in Lexington, Va. According to the AP, Thomas said that Americans today are self-indulgent and don’t make the sacrifices that their parents and grandparents did, and the nation’s leaders don’t ask people to act for the higher good.

“Our country and our principles are more important than our individual wants,” Thomas told close to 400 people. Invoking President Kennedy’s, “Ask not what your country can do for you” speech, he said Americans today are more likely to say, “Ask not what you can do for yourselves or your country but what your country can do for you.”

Speaking in the school’s Lee Chapel, where Confederate Gen. Robert E. Lee is buried, Thomas told a questioner that Lincoln was his favorite president.

“We always saw Lincoln as the great emancipator,” he said.

Thomas told the crowd he declines most invitations, but was persuaded to accept the one from W&L student Robin Wright. He had met her as a young child, he said, and had known her mother, U.S. District Judge Susan Webber Wright of Arkansas.

For years, my favorite comic strip was Pogo. One line always jumps out at me, 'We have met the enemy, and they is us.' I believe there is a ripple of reality and more than a grain of truth in Mr. Justice Thomas's comments and criticisms of the American people. I know as a nation we are up for almost every challenge, but I know also too many of us are only up for a tv remote and a beer. I do not see a population passionate for change. I see a population comfortable with complacency. I am like Frederick Douglass, I want the waters to roar, the skies to thunder, and our nation to be driven. Am I done yet?

Generally, I am not thrilled with Thomas, the court's most conservative justice. But interestingly, a week ago it was Justice Thomas who ripped the Bush administration legal policy on drug companies such as Wyeth.

Here is the LA Times link to the story you may not have seen:

Is he really becoming a liberal? I doubt it, but stranger things have happened on the Supreme Court.

Tuesday, March 10, 2009

Editorial Cartoon of the Day


Gary Varvel is the editorial cartoonist for The Indianapolis Star. His cartoons are nationally syndicated through Creators Syndicate and have appeared on CNN and in Newsweek, The New York Times, USA Today, Washington Times, National Review, World magazine and Sports Illustrated.
The Lawyer Layoff Leagues
The hemorrhaging just won’t stop. When Black Thursday hit back in February, a very naive, hopeful part of us thought we’d seen the nadir (good Scrabble word, nadir). After all, it hardly seemed it could get worse: In the days leading up to and including Black Thursday (Feb. 12, 2009), we witnessed the axing of 828 law-firm associates and staff.
But it wasn’t to be. More cuts followed in the ensuing weeks.

Then came today. We’re not sure what to call it (Black Monday’s been taken, right? And Blue Monday is the the name of a famous droning New Order song), but it’s ugly. For today alone, according to reporting by Above the Law, already the number has reached 731. The main participants: White & Case, which today announced it was laying off 200 associates and 200 staff; Morgan Lewis (55 attorneys and 161 staff); and K&L Gates (36 associates and 79 staff) - go to the WSJ blog for the rest of the story...

Thursday, February 26, 2009

Flight 1549 Passengers Lawyer Up

This story and video is more than enough reason to subscribe to the Wall Street Journal Blog, not only a remarkable depiction of the drama of the aborted flight and watery crash of a US Airways jet last month, but a story surrounding- what else- the potentiality of lawsuits.

To the credit of everyone so far, as this article points out, a tremendous amount of restraint has been shown. With full credit to the WSJ, and just a teensy little bit of comment afterwards, here is their entire piece:

We’ll admit it. Shortly after Sully Sullenberger pulled off his miraculous landing in the Hudson River last month, visions of lawsuits danced in our heads.


We weren’t exactly sure what these hypothetical lawsuits would look like, mind you, given that the passengers all survived, with only a few suffering minor injuries. But we tried out some theories, nonetheless, trying to gauge what the suits might request. Damages for emotional pain? Money for lost luggage? We took it even farther: What if the aborted flight caused someone to miss a job interview in Charlotte? Could that get wrapped into a claim?


Well, we just might find out! Another WSJ blog —
The Middle Seat Terminal — is reporting today that more than a dozen passengers from the flight have contacted a well-known aviation accident law firm, Kreindler & Kreindler, to “learn more about their rights after the accident.”

That said, Andrew Maloney, a lawyer at the firm said the firm wasn’t necessarily filing a suit. “Right now we’re trying to do the responsible thing and investigate the incident,” Maloney said. “And that’s what we’ve told people who’ve contacted us.”


US Airways has ponied up a little already. The airline sent passengers $5,000 checks — plus reimbursing airfare — the weekend after the accident. The carrier also upgraded all passengers on board to “
Chairman’s Preferred” status, entitling them to automatic upgrades, exemptions from baggage fees and bonus miles for a year.

The gut reaction is that of course these guys should get medals, not lawsuits. And it would be hard right now to get a jury to think otherwise. But the lawyer in me asks, what if we discover that air traffic control was negligent in not warning that there were flocks of birds seen in the vicinity earlier in the day? What if the probe of the aircraft reveals maintenance deficiencies? What if the black box recordings surprisingly disclosed improper procedural techniques utilized by the crew at takeoff?

Aircraft accidents, Dr. Josephine King taught be in Torts during my first year of Hofstra Law School, were res ipsa loquitor. It speaks for itself. Your contract with the airlines was for a plane ride to a location. You did not bargain for a Disney ride down Magic Mountain to end up in the water. So, yeah, winning a verdict might be tough, but lawyers have a duty to represent persons who may have been physically injured or emotionally traumatized by the crash. Your duty as a lawyer is not to do what is popular in the public eye. It is do what is right for your client.

Tuesday, February 24, 2009

Can You Get By on 25% of 10 Million?

This short blog piece is dedicated to all of us that practice criminal law and defense and go out and hustle everyday. We are not so impacted by the adventures of the Attorney General on the following issues.

The WSJ praises today a bill supported by Bill McCollum to limit the possibility of jackpot fees when private lawyers team up with the state AG's office, a practice in which our state had been among the worst offenders during the tobacco heist.

The Florida bill, which would cap attorneys fees at $50 million, would hardly consign lawyers to a life of penury, unless you are Scott Rothstein and your wife is pressing you to buy a newer home. Outside counsel could receive contingency fees of 25% for the first $10 million, 20% of the next $5 million, 15% for the following $5 million and so on. I spoke to Russell Williams, chair of the BACDL. He says those are the new SPD rates.
The bill would also require competitive bidding and make contracts transparent to voters by posting them on the Attorney General's Web site. In case you want to discover how much you are missing out on. The article says the bill faces opposition from lobbyists in Tallahassee. I want to hang with guys that think 25% of 10 mil is not enough. What do they play pro baseball?

Was Journal Blogger Dan Slater Laid Off?


The ABA Journal is today reporting that the popular Dan Slater, the writer for the Wall Street Journal Law Blog is one of 14 people laid off in the news room.


'A post by writer Dan Slater on Friday said it was his last day and legal editor Ashby Jones will now guide the blog. A note on the website doesn’t identify Jones as the sole writer, though; instead it says the newspaper’s legal affairs group will do the writing.


The Wall Street Journal announced the 14 newsroom cuts last month and said a legal staffer would be cut, according to Legal Blog Watch. But the newspaper didn’t identify which legal journalist would be laid off, making Slater’s note a surprise. Legal Blog Watch speculates the change could mean the Wall Street Journal Law Blog will reduce its coverage of the legal industry.'


Blogger Robert Ambrogi of Legal Blog Watch isn’t happy with that prospect. He explains his devotion to the Law Blog this way: “A typical day for me goes something like this: Wake up. Check the Wall Street Journal's Law Blog. Brush my teeth. Check the Wall Street Journal's Law Blog. Make coffee. Check the Wall Street Journal's Law Blog. Shower. Check the Wall Street Journal's Law Blog. You get the picture
Whatever Dan does he does well. And he was one heck of a legal blogger. Good luck to him.