The Senate Judiciary Committee just approved by a 16-3 vote Sonia Sotomayor’s nomination to U.S. Supreme Court, setting up confirmation vote by the full U.S. Senate.
This is beyond a done deal. You can read the CNN article here.
Lawyer Defends Speeding Ticket with Expert and PowerPoint
This is a funny story (via Overlawyered, via the AP). A Portland, Oregon lawyer blamed his BMW 535xi for a speeding ticket, claiming that he couldn’t know that he was speeding.
C. Akin Blitz said he was just trying to get ahead of a line of cars following a motorhome over a mountain pass on U.S. Highway 26 — that he had no idea his BMW 535xi was going 76 mph in a 55 mph zone because of its handling characteristics.
Funny, right? But the funnier part is that he made a PowerPoint presentation and offered expert testimony from a mechanic. Now that is funny. Just the same, the judge found him guilty and ordered him to pay a fine.
Jury Selection: The Problem Maryland Lawyers Have in Picking a Jury
Tricia Bishop has an article in the Baltimore Sun on how lawyers stereotype jurors in Maryland. The title of the article is “Stereotypes Confound Jury Selection” and the subtitle is “Bias assumptions seldom right; juror’s experiences called the best indicator.”
I disagree with the subtitle. I don’t think assumptions are “seldom right” but “usually right.” But usually, it is not 99%, it is more like 60%.
The bigger point that the article misses is that while juror experiences are the best indicator, Maryland has what is probably the least probative voir dire in the country, according to retired Howard County Judge Dennis M. Sweeney. So Maryland personal injury lawyers picking a jury have very limited means to determine juror experiences which leaves most Maryland lawyers making assumptions based on stereotypes that have varying degrees of accuracy depending on the stereotype. Of course, lawyers on both sides of the v are equally handicapped by this minimalist voir dire approach.
Speed Cameras in Maryland
The Maryland House of Delegates voted to allow speed monitoring cameras in Maryland near schools and highway work zones. The Maryland Senate already approved this bill, and Governor O’Malley’s signature is a formality. A few years ago, the Maryland legislature passed similar legislation designed to prevent pedestrian auto accidents but then-Governor Ehrlich vetoed the bill.
What does it mean? Maryland drivers pictured going over 11 miles an hour over the speed limit would get a $40 ticket. That’s it.
The opposition to this bill is Big Brother. Here’s my question: what is more of an imposition, getting pulled over, or having someone take your picture? It seems to me speed cameras are just the opposite of an invasion of privacy.
Big Vanilla Sexual Harassment Settlement
Big Vanilla has agreed to pay $161,000 to settle a lawsuit the government filed against Big Vanilla for sexual harassment, according to the U.S. Equal Employment Opportunity Commission.
According to EEOC’s suit, the Big Vanilla violated federal law by sexually harassing several female employees at Big Vanilla in Pasadena and Arnold, Maryland, the two locations the health club has in Anne Arundel County. The EEOC said four women were subjected to repeated and unwanted sexually offensive remarks and sexual advances and that three of the women were fired in retaliation for their complaints about the discrimination.
The EEOC also announced that besides the money Big Vanilla agreed to pay in the settlement, Big Vanilla Pasadena and Big Vanilla Athletic Club also agree to refrain from engaging in harassment on the basis of sex and from retaliating against employees who complain about it.
Maryland Lawyers: Partnership Track Getting Harder?
The Maryland Daily Record has an article in its Maryland Lawyer section today underscoring what I think we already know: it is a tough legal market in 2009. This article focuses on the lack of associates making partner in Baltimore law firms.
Interesting, if you look at the numbers which the Daily Record provides with a cool chart, the number of people making partner has not gone down that dramatically. But what you don’t know is the number of these partners that are non-equity partners, which means you are an associate with the firm and you have been here a while, so we will call you partner, but you are not an actual shareholder in the firm. The non-equity partner trend has been huge over the last 10 years as big law firms join the rest of the world in running their business like a business. Of course, it also does not include the number of lawyers who made equity partner, but the firm is so under budget they would have made more as an associate.
Another thing in this article that really stood out to me: only ten lawyers in Piper DLA’s Baltimore office have made partner in the last four years. Over this same time period, the firm has added 237 partners to the firm. Yeah, Piper & Marbury came from Baltimore, but I guess Piper is long past its Maryland roots.
DLA Piper Has a New Partnership Structure
The Maryland Daily Record reports DLA Piper is eliminating its two-tiered partnership structure in favor of a new arrangement where all partners are equity owners of the law firm with 18 tiers on the equity partner ladder. According to joint CEO Frank Burch, DLA Piper says it made theexternall decision to reduce Piper’s outside borrowing and give income partners an ownership interest in the firm. “From now on, you’re a partner, or you’re not a partner,” Burch said.
Burch said DLA Piper did not make the change because it has financial problems or having trouble obtaining credit. “The firm has excellent, excellent relationships with our banks and a very, very favorable credit facility, almost too favorable,” Burch said. No explanation was given as to what “almost too favorable” means.
How Partnerships Like DLA Piper Work
Maryland High Court to Hear Non-Economic Cap Case
The Maryland Daily Record reports that the Maryland Court of Appeals will hear a challenge to Maryland’s statutory cap on non-economic damages involving a lead paint case in Baltimore City.
I think it is interesting the Maryland high court granted cert in this case. I’m not optimistic. But boy would the landscape flip here if the Maryland Court of Appeals agrees these caps are unjust under Maryland’s Constitution.
Zero Offer in Maryland Malpractice Case Results in Defense Verdict
A West Virginia man sued a Frederick, Maryland doctor, alleging that he stapled his rectum shut during an operation leaving the 64-year-old man with permanent bowel problems. The Plaintiff now experiences rectal discharge and needs to wipe himself between 12 and 15 times a day. This is a damages case with a real appeal for a jury because obviously, this is a life-altering injury.
The doctor’s medical malpractice lawyer’s argument: his bowels were swollen shut because he was a smoker. No, really, that was the argument.
Okay, this is a case that should just settle, right? Well, the doctor makes no offer, and the jury validates their offer with a defense verdict.
Maryland Workers Compensation Claims: A New Study
Maryland workers’ compensation claims have been growing rapidly but Maryland’s comp system is still an efficient system compared to other states, according to two new studies by the Workers Compensation Research Institute, a non-profit that looks a workers’ compensation issues.
The major driver was the rapid growth in average medical payments per claim. But when compared to nine other states (California, Connecticut, Florida, Maryland, Massachusetts, North Carolina, Pennsylvania, Tennessee, Texas, and Wisconsin), researchers found that Maryland provides the best value both for employers and injured workers. This was true in spite of the fact that Maryland’s workers’ comp process typically – according to the study – requires Maryland workers’ compensation lawyers and, relatively speaking, a great deal of paperwork. Specifically, the study found that defense lawyers were involved in Maryland much more often than most other states. However, workers’ compensation payments per claim to defense lawyers were the lowest of the 14 study states.
The bad news is that the Maryland workers’ compensation system also takes a bit long for injured workers in Maryland to get their money. The first indemnity payment was longer in Maryland than in other jurisdictions even though Maryland quickly reports injuries, the average time from notice to getting a check was the longest of any state as several state labor organizations.