May It Please The Court: Weblog of legal news and observations, including a quote of the day and daily updates

Skip To Content

MIPTC Author:

Bookstore:


Listed in Latino Who's Who, June 2014
 Attorney
Locations of visitors to this page

Creative Commons License
This work is licensed under a Creative Commons License.


Quote of the Day - You have to believe in Gods to see them. - Hopi the Indian
Adjust font size: A A+ A++
Claim Your Profile on Avvo
There are 2033 Journal Items on 255 page(s) and you are on page number 236

The Desert has a New Bighorn Art Project

The Coachella Valley, home to Palm Springs, Rancho Mirage, Palm Desert, Indian Wells, and Cathedral City has a new public art project. It's like the Cow Parade in Chicago, the Community of Angels in Los Angeles and the Trail of Painted Ponies in New Mexico.

The Path of the Bighorn benefits the non-profit Bighorn Institute.

Celebrity artists such as Cher, Chevy Chase and Phyllis Diller have been among the painters. Tony Curtis is still painting his ram.

Kids are getting into the project, too, with Painting for Knowledge, which is now at the Children's Discovery Museum.

My personal favorite is not up on the site yet, but I'll feature it as soon as it goes up. It's a great painting of two rams butting heads. The energy of the painting is fantastic.

You can still sponsor a ram, or become an artist that takes the white blank to reality.

You can do your part for this endangered species and keep watching for developments on the site. 15 of the 90 rams are out in the public so far, pregress is eminent.



Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Sunday, December 14, 2003 at 12:33. Comments Closed (0) |

Zounds! Briefing in Crayon

Some Judges get really frustrated with lawyers and express their opinion through sanctions. Other judges get more creative.

Like Judge Samuel Kent from Galveston, Texas. Apparently upset with the poor quality of the briefs he received from counsel, he named them in his opinion, and expressed his opinion about the quality of their work.

With apologies to Lexis, here it is, in full glory: Bradshaw v. Unity Marine and Phillips Petroleum.

With tongue planted firmly in cheek, Judge Kent takes the lawyer to task for, among other things, using crayons to write their briefs.

Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Friday, December 12, 2003 at 10:36. Comments Closed (3) |

Quashing Grand Jury Contempt Orders the Right Way

The Ninth Circuit Court of Appeals issued a decision yesterday that warms the hearts of attorneys and clients across our Circuit.

Clients hire attorneys and expect the attorney-client privilege to remain intact. And, it usually does. But it's the attorney work-product privilege that was recently under attack.

In performing legal work for clients, attorneys will frequently hire consultants or investigators to assist them in preparing for litigation. In this case, that happened when Ponderosa Paint hired Attorney McCreedy. He was responding to threatened criminal litigation by the USEPA over the sale of old paint to employees, which the USEPA interpreted as the unauthorized disposal of hazardous waste.

Without debating the merits of this interpretation, suffice it to say that it is a position that the USEPA consistently takes - so beware. But, let's return to the real problem.

Attorney McCreedy hired Torf Environmental as a consultant to help him respond to the USEPA's demands for information. At all points, McCreedy asserted that the work-product privilege was not waived. Things were eventually resolved with the USEPA, and all seemed in order.

That is until a US Attorney got ahold of things. He called a grand jury to investigate and indict Ponderosa Paint on criminal charges. (I know that's redundant, but it sounds better).

The Grand Jury then wanted to see the documents that Torf prepared for McCreedy and issued a subpoena to Torf. McCreedy refused, rightfully invoked the attorney work-product privilege, and instructed Torf not to produce the documents. The Grand Jury charged Torf with contempt, and the Magistrate quashed the subpoena, but was reversed by the District Court, who held Torf in contempt.

As a good American, Torf appealed.

The Ninth Circuit said that since McCreedy invoked the privilege at every step, and the documents were prepared "because of" the impending criminal litigation, the privilege remained intact.

The Government claimed that the documents had to be created to respond to the USEPA's charges anyway, so they should be produced. The Circuit Court ruled that even though the documents have a dual purpose, the expected protection between an attorney and his environmental consultant remained paramount.

The Court disagreed, and Torf's subpoena was quashed, and the contempt charge reversed.

Chalk one up for the good guys.

And, whenever you hire an environmental consultant to help you respond to the government, hire an attorney, too. Otherwise, you may have to give up some things you may not want to.

Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Thursday, December 11, 2003 at 15:15. Comments Closed (0) |

People in the News, and in the Know

The Orange County Women Lawyers Association (it almost reads like there should be punctuation in that name) will award the title "Attorney of the Year" to Jean A. Hobart. The ceremony will be held on January 6, 2003, from 11:45 a.m. to 1:30 p.m. at the Turnip Rose in Orange. State Senator Joe Dunn will present the award. Jean practices in the area of trust litigation.

Another "Best Lawyer" recipient (named by the LA Downtown News), Byron T. Ball, has an active personal injury practice taking off in LA. If you're in the market for a personal injury lawyer, Byron's one of the best - plus he's a fellow Sigma Alpha Epsilon fraternity brother, and a True Gentleman.

You'd be well served by both lawyers.

Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Wednesday, December 10, 2003 at 11:19. Comments Closed (0) |

Vote for FRAP / The Washington Water Wrangle

Today will be a very short post: if you're a lawyer, please check out this article by Edward Lazarus at FindLaw regarding the change in the Federal Rules of Appellate Procedure to allow the citation of unpublished opinons. I've written about this once before, so you can write in and vote.

If you could care less about the FRAP, then you've probably been wondering what else goes on in Washington. Don't we all?

There's a dispute about water back East. At least for once its not the Western states battling over the Colorado River. The spat now involves Maryland and Virginia in a battle over Potomac River water.

And you thought it all flowed downhill.

Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Tuesday, December 09, 2003 at 11:01. Comments Closed (0) |

Mistakes 1, 2, 3, and 4 - Membership Card Revoked

You really have to wonder whether we're evolving backwards.

According to the Associated Press today, one of our illustrious species in Clarkstown, New York is allegedly guilty of several mistakes:

Mistake No. 1: Impersonating a police officer.

Mistake No. 2: Making a traffic stop.

Mistake No. 3: Stopping an off-duty state trooper.

Mistake No. 4: Driving without a registration or insurance.

Shalom Gelbman, 22, of New Square, New York, made all four mistakes, state police said.

Gelbman, with a strobe light on his dashboard and his high beams flashing, allegedly pulled a car over Wednesday night on the Palisades Interstate Parkway, police said. Inside the car was New York State Trooper Seamus Lyons, who arrested Gelbman.

Gelbman was not clear with investigators about why he pulled Lyons' car over. One investigator said Gelbman told officers he wanted to scare the driver and get him out of the way. The car's license plate is EMT DCW.

Gelbman was charged with reckless endangerment and criminal impersonation and was cited for having unauthorized equipment in his car, a dark blue Mercury Grand Marquis with tinted windows. At least he tried to look like a cop. He was released on $5,000 bail after being arraigned in Clarkstown Justice Court.

This guy's 15 minutes of fame are up, along with his membership card in the human race.



Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Monday, December 08, 2003 at 09:17. Comments Closed (0) |

Why Look Back When You Can Look Forward?

On December 7, the world got a little older, by some 2,300 sailors. Pearl Harbor lay devastated, as did a Country.

But, as we have before, and even recently, we dug deep and pulled ourselves up. In fact, we're still fighting.

Perhaps it is the military brat in me, or maybe it was my time sailing on the Eagle. I don't know. I thank those who gave their lives so I could do things like write this blog and say what I want.

I have yet to hear a 21-gun salute that doesn't snap me to attention inside and make me salute. It's not something I generally talk (or wirte) about.

So, I thought I'd take a look back, and see what else happened this day in history.

Well, in 1872, the HMS Challenger sets sail on 3-year world oceanographic cruise. There is apparently some dispute whether the voyage started today. We declare war on Austria in 1817 (ironic?). In 1972, Apollo 17 was launched - the most recent US manned mission to the Moon.

And, in early recorded history 0185, Emperor Lo-Yang, saw supernova MSH15-42.

We should keep looking forward. It can only get better.



Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Sunday, December 07, 2003 at 23:42. Comments Closed (0) |

Bulletproof Vests for Wolves

A judge in Alaska has refused to block hunters from shooting wolves from airplanes. The refusal has sparked a promise to boycott the State's $2 billion tourism industry.

10 years ago, the environmental group Friends of Animals was successful with the boycott, and stopped a previous attempt to allow aerial hunting. Some Alaskans don't agree with the plan, either. The Humane Society is against it, too.

Apparently, the State's 1997 sterilization program didn't work. According to the Alaska Daily News, "The state has shot, trapped, transported and sterilized thousands of wolves since statehood in 1959. Many hunters, biologists and game managers maintain that killing or removing predators from small areas at the right time can help moose and caribou stocks rebound."

Now, animal rights groups are providing bulletproof vests for the wolves. I guess that's better than adopting a wolf and bringing it into your home.



Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Saturday, December 06, 2003 at 11:35. Comments Closed (0) |



Page:  << Prev  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  56  57  58  59  60  61  62  63  64  65  66  67  68  69  70  71  72  73  74  75  76  77  78  79  80  81  82  83  84  85  86  87  88  89  90  91  92  93  94  95  96  97  98  99  100  101  102  103  104  105  106  107  108  109  110  111  112  113  114  115  116  117  118  119  120  121  122  123  124  125  126  127  128  129  130  131  132  133  134  135  136  137  138  139  140  141  142  143  144  145  146  147  148  149  150  151  152  153  154  155  156  157  158  159  160  161  162  163  164  165  166  167  168  169  170  171  172  173  174  175  176  177  178  179  180  181  182  183  184  185  186  187  188  189  190  191  192  193  194  195  196  197  198  199  200  201  202  203  204  205  206  207  208  209  210  211  212  213  214  215  216  217  218  219  220  221  222  223  224  225  226  227  228  229  230  231  232  233  234  235  236 237  238  239  240  241  242  243  244  245  246  247  248  249  250  251  252  253  254  255  Next >>

Back to top.