Capitol Records v. Thomas
Jury in the retrial of a music downloading
case awards $1.92 million in damages against a Minnesota woman -- eight times more than the award at the original trial.
Padilla v. Yoo
California judge says an "enemy combatant" can sue a former U.S. government lawyer for creating the "legal construct" that allowed him to be tortured while in custody.
Olson v. Cohen
California woman allegesSacha Baron
Cohen assaulted her on the stage of a bingo hall where he was filming a scene for his upcoming movie "Bruno."
Craigslist v. McMaster
Website files suit seeking court protection from unconstitutional threats by the South Carolina attorney general to prosecute it for failing to block ads that solicit prostitution.

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• Boston judge refuses to require Massachusetts to include materials that deny the Armenian genocide in the public school curriculum.
"[T]he decision as to what to teach about ... the Armenian genocide must be made by elected officials, educators, and teachers rather than by federal judges."
Griswold v. Driscoll

• Kentucky Court of Appeals upholds a $3.7 million jury award against a school board for ignoring a student's complaints that several teachers had molested her. Plaintiff Lynne Maner "presented sufficient evidence that the Board was deliberately indifferen[t] in its failure to act." Maner v. Fayette County Board of Education

• 6th Circuit revives the racial bias case of an African-American couple who sued a hotel for refusing to host their wedding reception. "There is a genuine issue of material fact in this case as to whether ... the Hotel denied them the right to enter into a contract because of their race." Keck v. Graham Hotel Systems

• San Francisco judge rules that a city did not violate a hiker's rights by failing to protect her from an attack on public land by a rancher's cattle. "[P]laintiffs have not alleged facts supporting a claim that the City was deliberately indifferent to a known or obvious danger" to Jo Dee Schmidt. Schmidt v. Hoover

• Divided New York appellate court says a golfer is not liable for striking another golfer in the eye with an errant drive. The defendant's failure to yell "Fore" before hitting the ball "does not rise to the level of creating a dangerous condition over and above the usual dangers inherent in participating in the sport of golf." Anand v. Kapoor

• Sioux tribal members file a class action seeking their share of as much as $900 million held in trust by the federal government as compensation for the "taking" of the Black Hills of South Dakota. The plaintiffs have split from other Sioux who refuse to take the money, insisting on the return of the land.
Different Horse v. Salazar

• Texas Court of Appeals says a gas station owner is not liable for the negligence of an attendant who accidentally shot a customer while showing him a gun. The attendant's "actions were not merely a misuse of his authority; they were utterly unrelated to his duties."
Glass v. Williams

• San Francisco judge denies Chevron Corp.'s request for $485,159 in court costs from impoverished Nigerian villagers who sued the company for human rights violations. "The economic disparity between plaintiffs, who are Nigerian villagers, and defendants, international oil companies, cannot be more stark."
Bowoto v. Chevron






Alltop_125x125.jpg

 

Judge Blasts Lawyer for "Disrespectful Cockalorum" Print

 

Judge Blackburn

A Colorado judge could hardly have been more bombastic himself in chastising a plaintiff's attorney for the “disrespectful cockalorum, grandstanding, bombast, bullying, and hyperbole” that he exhibited during a recent trial.

“In over nineteen years [on the bench], I have seen nothing comparable,” U.S. District Judge Robert E. Blackburn said of the conduct of attorney Mark E. Brennan, going on to order a new trial because “counsel's froward misbehavior unfairly prejudiced the jury’s verdict.”

Brennan's client in an age discrimination case had won the largest verdict in memory against the Denver fire department. A jury last year awarded $1.2 million to former firefighter Bill Cadorna, finding the city liable for failing to rehire him after he was falsely accused of shoplifting.

In moving for a new trial, the defense listed no fewer than 80 separate instances of misconduct by Brennan. “Although I do not agree that all of these discreet instances or categories were objectionable, let alone prejudicial, many were,” Blackburn said in his ruling.

Among other things, the judge found Brennan had repeatedly “proceed[ed] insouciantly” with questioning of witnesses when an objection was pending and “interjected inappropriate -– ofttimes mordaciously sarcastic –- editorial comments into the record.”

While questioning a witness nicknamed “Lurch” by his fellow firefighters, Brennan asked, “Now, about your wedding. Did you invite the Addams family?”

“The cold transcript does not convey adequately the Gestalt of what transpired during this trial,” Blackburn fumed. “Repeatedly, by words, tone of voice, facial expressions, and body language, Mr. Brennan made manifest his most profound contempt for the court, the City and County of Denver, the Denver Fire Department, opposing counsel, and ultimately, the entire legal system.”

But Blackburn makes manifest a propensity for turgid language. Not content with foisting “cockalorum” (meaning, boastful talk), “froward” (willfully disobedient) and “mordaciously” (bitingly) on the reader, he may be the first judge to use both “contumelious” (scornful) and “contumacious” (pigheaded) in the same opinion.

The following table provides more examples (in italics) of Blackburn's bombast and their translation:

Quote Translation

Despite ingravescent remonstrations from the court, Mr. Brennan persisted unregenerately in this highly improper and prejudicial practice.

Despite increasingly severe remonstrations from the court, Mr. Brennan persisted stubbornly in this highly improper and prejudicial practice.

His recusant practice continued unabated.

His insubordinate practice continued unabated.

[H]e attempted disaffectedly to argue the merits of my ruling.

[H]e attempted resentfully to argue the merits of my ruling.

I am convinced beyond question that the fairness of the trial was inquinated irreparably.

I am convinced beyond question that the fairness of the trial was contaminated irreparably.

The ruling does not appear to be simply a mordacious parody of Brennan's courtroom rhetoric. In a previous order finding Brennan in contempt of court, Blackburn used the words “expatiate” (explain) and “contumaciously.”

By Matthew Heller
10/8/07


 
rc_insidestories
  • No Prayer Now for Preacher's Suit Over "Religulous"

    Less than three weeks after being sued for defrauding two former parishioners of $600,000, a Florida preacher dropped his $50 million lawsuit alleging the Bill Maher documentary “Religulous” falsely portrayed him as a charlatan, On Point has learned.
    Read more...
  • Man Burned at Burning Man Assumed Risk

    Get too close to the Burning Man fire and you assume the “obvious and inherent” risk of being burned, a California appeals court has ruled in dismissing a personal injury lawsuit against the operators of the iconic countercultural arts festival.
    Read more...
  • Lawyer's 'Prove Me Wrong' Offer No Joke to Student

    A Texas law student may have taken a $1 million “prove me wrong” challenge seriously, but the criminal defense lawyer who made the challenge on a TV news show appears to have done so with enough tongue in cheek to avoid liability for not paying up.
    Read more...
  • Jury Chills Rights in Strip Search Case

    A jury has reached a chilling decision in the civil rights case of a Southampton, N.Y., woman, clearing four police officers in the exclusive resort community of liability for performing a strip search on her after a minor marijuana bust.
    Read more...
  • Toxic Bra Suits Won't be Combined in Ohio

    A rash of lawsuits against Victoria's Secret alleging defectively manufactured underwear is continuing with eight new cases filed in the past two months. But in a setback for plaintiffs, a judicial panel has refused to consolidate all the litigation in Ohio.
    Read more...
  • Wedding Fiasco Suit Really Takes Cake

    Sandra Newsom's wedding disaster lawsuit may -– literally –- take the cake. The New York woman has sued a cruise ship operator for ruining her wedding reception by serving a coconut-containing cake to which she had an allergic reaction.
    Read more...
  • Woody Allen Got $5M After Judge Shredded Defense

    A week before American Apparel agreed to pay Woody Allen $5 million for misappropriating his image, a judge had shredded the clothing company's First Amendment defense based on its CEO's “mental processes,” On Point has learned.
    Read more...
RC_OnFile

Sugawara v. Pepsico
Subject: False Cereal Advertising
Document: Order Granting Dismissal

Ozzy Osbourne v. Tony Iommi
Subject: Rock Band Trademark
Document: Complaint

Mohamed v. Jeppesen Dataplan
Subject: State Secrets
Document: Petition for En Banc Review

Savio v. Peterson
Subject: Wrongful Death
Document: Complaint

Kerr v. New Orleans Police Department
Subject: Male Skirt-Wearing
Document: Complaint

more

RC_OnTrial

Capitol Records v. Thomas
Court: USDC, Minn.
Subject: Digital music downloading
Verdict: $1.92 million

ASPCA v. Ringling Bros.
Court: USDC, D. Col.
Subject: Illegal "taking" of elephants by circus

more


RC_OnTheDocket

Howard K. Stern v. Rita Cosby
Date: 7/7/09
Court: USDC, S. N.Y.
Hearing: Motions for summary judgment in defamation case.

Goldberg v. Paris Hilton Entertainment
Date: 7/9/09
Court: USDC, S. Fla.
Hearing: Jury trial in breach-of-contract case.

more


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