This is Kevin's Typepad Profile.
Join Typepad and start following Kevin's activity
Join Now!
Already a member? Sign In
Kevin
San Francisco
Full-time attorney, part-time . . . something.
Interests: bike riding, writing, litigating, conjugating, arguing about useless trivia, trans-atlantic rowing (solo), trans-atlantic rowing (as part of human pyramid), nude civil-war reenacting, team cite-checking (european summer league).
Recent Activity
Image
My previous post on this mystery is already pretty long, so I'm doing this update separately. To start with, here's the evidence to the extent I can glean it from the redacted OIG report, which, if you've forgotten, reported that... Continue reading
Posted 2 days ago at Lowering the Bar
Section 38.15 of the Texas Penal Code makes it an offense to interrupt, disrupt, impede, or otherwise interfere with "public duties," including those being exercised by a police officer. That's the law pretty much everywhere, of course, but the question... Continue reading
Posted 3 days ago at Lowering the Bar
Image
Interesting, but not successful: In this case the "extra passenger" is—in the unlikely event you don't recognize him—a cardboard cutout of The Most Interesting Man in the World, the spokesman for Dos Equis Beer. The driver was busted in the... Continue reading
Posted 3 days ago at Lowering the Bar
Image
I was pleased to see that far more respectable personage Prof. Eugene Volokh also noticed and commented yesterday on Justice Kagan's use of "way" as an adverb in the Omnicare case. (I mentioned it at the end of this post.)... Continue reading
Posted 4 days ago at Lowering the Bar
Image
Here's a more interesting decision by the Supreme Court, although maybe "decision" is the wrong word. The question is: if your client insists on filing something that is complete gibberish, do you have to agree, or do you have an... Continue reading
Posted 5 days ago at Lowering the Bar
It seems to me that the lawyer's duty here was to take a stand with the client and say "look, we can't file this." The client would either have backed down or fired them, and if there was really going to be prejudice from that, as the response argued, then the client would probably have backed down. If there wouldn't be prejudice, then he could go file it himself. Easier said than done, I understand, but it's not like this was Foley's only client. This violated not only Rule 14.3 but just the basic duty of competence, didn't it?
Surely, not since "Holy $h*t, Man Walks on #&*ing Moon" has there been such a riveting headline, but hey, I noticed this and here it is. This is my three-thousand-three-hundred-and-fifty-first post, cut me some slack here. The Omnicare opinion released... Continue reading
Posted 5 days ago at Lowering the Bar
Image
That's the view of the City of South Miami, at least, or to be more specific it's the view of three of its five commissioners. By a 3-2 vote, the city commission has, for the second time, passed a resolution... Continue reading
Posted 6 days ago at Lowering the Bar
Image
I don't much like DHS, and I really don't like TSA, but I'm cool with DHSOIG because it seems to be genuinely trying to get TSA to shape up, even if TSA just ignores it. That's the DHS Office of... Continue reading
Posted Mar 20, 2015 at Lowering the Bar
Image
According to reports today, 33-year-old Rep. Aaron Schock's sudden decision to resign will not end federal investigations into his alleged misuse of campaign funds. Schock, seen above either speaking to young supporters or appearing in an episode of How I... Continue reading
Posted Mar 20, 2015 at Lowering the Bar
Associated Press, Mar. 16, 2015, 6:27 p.m. PDT: NEW ORLEANS (AP) – A Louisiana State Police trooper says millionaire Robert Durst has been booked on weapons charges in that state—on top of a first-degree murder charge lodged by Los Angeles... Continue reading
Posted Mar 20, 2015 at Lowering the Bar
Image
The original headline, "Arkansas Judge Mauled by Family's Pet Zebra," was pretty good and has a nice rhythm to it, but I thought it was important to be clear that the zebra-owning family was his own. This wasn't just a... Continue reading
Posted Mar 18, 2015 at Lowering the Bar
Image
A review of my Bad Disguises category reveals that I haven't been very consistent about numbering these. Although in my defense, when I started doing that I had not contemplated that more than one person would, for example, wrap his... Continue reading
Posted Mar 16, 2015 at Lowering the Bar
Things haven't gone too well for Eike Batista over the past few years. Once the richest man in Brazil and among the top ten in the world (he supposedly made it to eighth place), with a net worth of about... Continue reading
Posted Mar 16, 2015 at Lowering the Bar
Image
The government is using the word "contraption," and that is probably more accurate but "robot" made the headline funnier. I don't know why. That's just how this works sometimes. As I mentioned the other day, Paul Ceglia, who previously demanded... Continue reading
Posted Mar 13, 2015 at Lowering the Bar
Image
"An amusing order," said Matt, who sent me this. Matt, you had me at "Living Soul Chief Asan Manuel Mustafah Fearce W. Yahzoo." This comes to us from the Northern District of West Virginia, where yesterday a judge dismissed a... Continue reading
Posted Mar 13, 2015 at Lowering the Bar
Image
Unfortunately, he's not in it at the moment. Paul Ceglia, who once sued Mark Zuckerberg claiming half of Facebook, and who last appeared here back in Assorted Stupidity #39 after his ninth set of lawyers withdrew from that case, has... Continue reading
Posted Mar 11, 2015 at Lowering the Bar
Image
How do you know it's time to give up and dismiss your claim? Well, if the judge is comparing you to the Black Knight from Monty Python and the Holy Grail, now's probably a good time: Actually, the good time... Continue reading
Posted Mar 10, 2015 at Lowering the Bar
An appellate court has ruled that "the danger posed by a plate of sizzling hot food [is] self-evident," thus dooming a New Jersey man's attempt to sue Applebee's for burns suffered while bowing his head to pray over a plate... Continue reading
Posted Mar 9, 2015 at Lowering the Bar
A recent order from the Supreme Court of South Carolina (thanks, Anonymous) has updated the initial eligibility requirements for those who would like to be magistrate judges in that state. All applicants must now take and pass both the Wonderlic... Continue reading
Posted Mar 9, 2015 at Lowering the Bar
Image
Early Bird Foods is not the first company to think it would be amusing to name an oats-based product "Haulin' Oats," so it should have known that doing this would be problematic. One of their less-well-known marks As Rolling Stone... Continue reading
Posted Mar 6, 2015 at Lowering the Bar
Image
First: Do not blow up any part of New Mexico without express permission. Second: By "this" I don't mean this post, although if you have started your research here that is fine, if somewhat disturbing. By "this," of course, I... Continue reading
Posted Mar 5, 2015 at Lowering the Bar
I mentioned Christoff v. Nestlé the other day—you know, the case where the guy was surprised to see his face on the Taster's Choice coffee label and ended up getting $15 million for it—and someone wrote me to ask how... Continue reading
Posted Mar 5, 2015 at Lowering the Bar
Image
As I mentioned a few days ago, I argued a case before the California Supreme Court on Tuesday. I thought some of you might be interested to see the checklist I put together to help me prepare: I forgot to... Continue reading
Posted Mar 4, 2015 at Lowering the Bar
Image
No new posts today (except this one, of course) or tomorrow, because to your likely shock and amazement I am actually arguing a case tomorrow before the California Supreme Court. And no, the case is not in any way comical.... Continue reading
Posted Mar 2, 2015 at Lowering the Bar