July 02, 2008

Along with RI SC Ruling, Dick Grasso Didn't Do Too Shabby Either

It's been a lousy week for state attorneys general. 

In Rhode Island, AG Patrick Lynch had his verdict against lead paint defendants Sherwin-Williams, NL Industries and Millennium Holdings overturned by the RI Supreme Court.  In New York, former head of the New York Stock Exchange Dick Grasso also had the remaining charges against him thrown out.  Those charges were filed by then NY AG Eliot Spitzer and continued to be pursued by current NY AG Andrew Cuomo.

In THE WALL STREET JOURNAL Law Blog, Dan Slater reports that AG Cuomo said that he won't appeal.

OH AG Office - No, we're not dropping lead paint public nuisance lawsuit

Spokesperson Jim Gravelle for the Ohio Attorney General's office declares that no, the state isn't going to drop its lead paint public nuisance lawsuit. 

As Spencer Hunt reports in THE COLUMBUS DISPATCH today, Gravelle doesn't view the Rhode Island Supreme Court ruling overturning the verdict against the defendants as affecting the decision to sue.  Hunt quotes Gravelle as saying, "This in no way restricts Ohio's right to hold lead-paint companies liable for the extreme harm they have caused Ohio citizens, under 'public nuisance' or any other causes of action."

On the other hand, the public nuisance lawsuit filed by the City of Columbus is being re-evaluted post-RI SC ruling. Hunt quotes Columbus City attorney Richard C. Pfeiffer Jr. as saying, "Most everybody pinned their hopes on how Rhode Island moved. I think it's fair to say, with Rhode Island's decision, we'll have to seriously re-evaluate this case and see if it should continue."

The irony in these Buckeye lawsuits is that one of the defendants - Sherwin-Williams - is a major employer and taxpayer in the state.

Tone-Deaf - RI AG Lynch's statement gets derisive reception

The response to Rhode Island Attorney General Patrick Lynch's statement post-RI Supreme Court lead paint ruling has been negative, even derisive.  The tone was wrong, seemingly verging on King Lear-like self-pity that we found in the public published statements of Bill Lerach and Conrad Black.

Our Inside the Beltway Attorney and Faithful Lead Paint Watcher observes that in his media statement, Lynch provides "nary a mention of his duty to enforce existing RI laws to ensure the health of the same kids that he supposedly was crusading for."

In this era of extreme media savvy, citizen journalism and a 24/7 news cycle, tone-deafness sinks careers.  

All the King's Men & Even the King Couldn't Save the Kid

According to sources, once it was obvious he was in real trouble, his modus operandi was to do what was necessary to save the kid, that is, his son Zach.  If the kid got ground up in the federal meat grinder, Dickie's wife would suffer terribly.  Like all Southern boys, Dickie has a code of honor to protect the women and children.

Well, all the king's men and even the king couldn't save the kid.  Dickie watchers were predicting the kid would get probation.  Didn't happen. Judge Neal Biggers imposed a 14-month sentence on Zach and a $250,000 fine.  At the end, Dickie failed his family - and the values he was reared with.

July 01, 2008

OH AG Frat Parties gonna cost state a bundle

The mess left by Ohio former Attorney General Marc Dann and his merry pranksters keeps getting more expensive for taxpayers.  The interim AG Nancy Hardin Rogers has decided to bring in private counsel to help with the sexual harassment charges.  Right now they're trying to be negotiated between the state and the two alleged victims' attorney Rex Elliott.

In LEGAL NEWSLINE, Tami Kamin-Meyer reports that the law firm selected to represent the state is Littler Mendelson because of its expertise and track record in employment law.  That kind of "help" doesn't come cheap.

June 29, 2008

OH AG Office - Alleged Freeing Up Slots for Friends

Of course, there will be plenty more to come out during the multiple investigations of the Marc Dann Administration in the Ohio Attorney General Office.  The most recent tidbit is harassment of another sort.

James Nash of the COLUMBUS DISPATCH reports that former investigator of crimes against the elderly David M. Kessler has stepped forward.  He alleges that he was forced out of his $76,6000 job in the AG office by harassment about his age [in his 40s].  He claims his supervisor called him "a [expletive deleted] dinosaur."  This month he filed a claim with the federal Equal Employment Opportunity Commission for alleged harassment and age discrimination.

June 28, 2008

RI SC Ruling & California

I asked a number of attorneys: If there's a favorable ruling for the lead paint defendants by the Rhode Island Supreme Court will that influence California? 

The answer was: Don't know.  Right now we're waiting for the CA SC to grant or deny the lead paint defendants' request for a review of the appeals court's ruling to allow contingency in the Santa Clara lead paint public nuisance case.  CA marches to its own drummer, as we saw with legalizing gay marriages.  So, I agree with the attorneys that there's no way of predicting if CA will back off the lead paint lawsuit or, if it does go forward, if similar suits will be filed throughout CA.

June 26, 2008

HUBRIS! - Dickie Who? asks for 30 months

How out-of-touch Dickie Scruggs and his defense legal team seem to be.  After the charade of 400+ letters flooding into federal Judge Neal Biggers' chambers, now Dickie and his mouthpieces [yeah, gansta style] have filed a motion.

John O'Brien reports in LEGAL NEWSLINE, "In a memoradum filed with the court Wednesday, Scruggs and his attorneys ask that he be sentenced to 30 months in prison.  He faces up a five-year sentence."  The filing requests that the Court take into account all his good deeds and good character as well as his family circumstances.

A gut read:  This bunch is irritating this Judge.

June 25, 2008

That nice Mr. Scruggs - 400+ letters come in to Judge Biggers

Like most of those 50+ amicus briefs which went to the Rhode Island Supreme Court in support of the lead paint plaintiff, those 400+ letters to Judge Neal Biggers on behalf of Dickie Scruggs don't quite pass the smell test.  All that rallying around the RI plaintiff seemed to have a not-so-secret funding agenda.  They are primarily nonprofits which get money from the state and entities linked to the state.

With the 400+ letters, there was also the rancid odor of self-interest, only more bizarre. As Ashby Jones reports on these letters in THE WALL STREET JOURNAL Law Blog and as Anita Lee notes in the SUN HERALD, the motivations seem to range from pandering to a man who has no more power to actually coming to praise Caesar to goofy. 

For instance, Ole Miss' Chancellor points out that Dickie "has much to offer society." Well he can offer that behind bars, just as educator Jean Harris did. 

Tobacco whistleblower Wigand asks, "How could a man with such a strong moral fiber err like this? [Hey, Jeffrey, the answer is usually greed and ego.]

A local retired accountant, who is very familiar with Dickie's generous contributions to Ole Miss, reminds the court that the man's wife and his fully grown daughter will have no one to look out for them when the man of the house is in the big house.  [Toddlers go without mothers while the women are in prison].

I have a hunch these kinds of letters and the sheer volume of them will do more harm than good.  Judge Biggers, a no-nonsense guy, has to be ripped.

Dick Grasso - From Enemy of the People to Cult Hero

Dick Grasso, former head of the New York Stock Exchange, seems an unlikely cult hero. Former New York Attorney General  Eliot Spitzer painted him as an enemy of the people who grabbed too much money on his way out of the NYSE.  That fight continued with Spitzer's successor Andrew Cuomo.

Every time Grasso fought back influential media such as NEW YORK Magazine often presented interviews with those who hated him and caught some unflattering candid shots.  But Grasso persisted against the activist state Attorneys General.

Today, as Chad Bray reports in THE WALL STREET JOURNAL, the New York Supreme Court upheld the lower court's decision to toss four of the six causes of action against Grasso.  Cuomo's office did not respond to a request for comment.

Those ugly articles about and damning photos of Grasso will probably fetch a king's ransom on E-bay.

Disclosure:  In the mid 1990s I did freelance speechwriting and ghostwriting for Dick Grasso.  He wasn't much of a fun guy.