Amstrong Airport Legal Fees Down

The Times-Picayne reports that legal fees billed to Louis Armstrong International Airport have been cut in half since Mayor Nagin took office. The reduction in fees is attributed to a number of factors; such as the abolishment of the New Orleans Aviation Board's complex committee system and the work of Courtney Courseault Thornton, who now heads the airport's in-house legal department.

No Time to Bill?

The Advocate reports that Randy Zinna, a lawyer who represents the Municipal Police Employees' Retirement System, has neglected to bill $107,000 of his work and expenses to the organization. Zinna is preparing the invoices now--for work that dates back to 2002. "It's my fault," he said. "It's not something I'd like advertised, but I'm not hiding anything. I just haven't gotten the data out yet."

LSU Professor is Blogging

LSU Law Professor Christine A. Corcos is now publishing Media Law Prof Blog. The blog is part of the Law Professor Blogs Network. I wonder if she has spoken with Kaye Trammell?

Gauthier Firm Sold

Biz New Orleans reports that Wendell Gauthier's firm has been purchased by John Houghtaling, James Williams and Deborah Sulzer. The article notes that Houghtaling started working at the firm eight years ago--as a runner. He is now the majority partner in the firm.

Reggie Pleads Not Guilty

The Associated Press reports that the son of a prominent former Crowley judge and brother-in-law of U.S. Sen. Edward Kennedy, Raymond Reggie, has pleaded not guilty to federal indictments that accuse him of conspiracy to commit bank fraud, check-kiting, and falsely claiming a contract with the U.S. Census Bureau to get a $6 million loan from Hibernia National Bank. Reggie plead not guilty in front of a magistrate Wednesday, but is expected to change his plea once in front of a federal district judge on April 18th.

Discrimination Suit Against District Attorney Will Proceed

U.S. District Judge Stanwood Duval has cleared the way for a jury to hear claims that Orleans Parish District Attorney Eddie Jordan fired 53 white employees when he took office because of their race, according to a report by The Associated Press. Judge Duval rejected a motion from Jordan on Wednesday to dismiss the suit without a trial.

Baton Rouge Ecstacy Trial Making History

WAFB reports that the murder trial of Heather Smith is making legal history. It is apparently the first case being tried under a Louisiana law that says if you provide drugs to a person who dies, you can be charged with murder. The case is being prosecuted by attorney Darwin Miller and defended by attorney Bo Rougeo.

New Syndication Feeds

Naked Ownership recently started publishing its RSS feed via Feedburner, which makes the feed available in multiple syndication flavors (e.g., RSS, Atom, etc.). If you don't know what this post means, then take a few minutes to read this and this. If you are currently reading this in an RSS Reader, we would appreciate you updating your subscription to one of the Feedburner feeds.

Former Judge Dies

The Advocate reports that former First-Circuit Judge Wallace A. Edwards passed away at his home on Saturday. Judge Edwards was 28 when he was first elected to the bench in the 22nd Judicial District-- making him the youngest judge ever elected to a Louisiana state court.

1st Circuit Backlog

Today's Times-Picayune carries this story by Meghan Gordon about the backlog at the Louisiana First Circuit and what's being tried to catch up.

Free Credit Reports For All

According to a report from the Federal Trade Commission, a recent amendment to the federal Fair Credit Reporting Act requires each of the nationwide consumer reporting companies to provide you with a free copy of your credit report, at your request. The three nationwide consumer reporting companies - Equifax, Experian, and Trans Union - will be required to begin compliance with this amendment according to a regional roll-out schedule. Consumers in the Southern states — Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, Oklahoma, South Carolina, Tennessee, and Texas — will first be able to order their free credit reports beginning June 1, 2005. The law allows you to order one free copy from each of the nationwide consumer reporting companies every 12 months. To learn more or to order your free credit report, check out the FTC's newly created website, AnnualCreditReport.com (a direct link to the site is prevented by the FTC, sorry.)

$56 Million or Not, You Still Need a Permit

The New Orleans Aviation Board has broken ground on a $56 million runway rebuilding project and Kenner Mayor Phil Capitano has recently informed the board that the airport needs a building permit and City Council approval for the project, according to a report in The Times-Picayune. Capitano stated that because the runway "footprint" had changed, council approval is required under zoning laws put in place in 1997 to keep airport expansion in check. Changes to the existing runway are needed to comply with new Federal Aviation Administration runway standards requiring the paved shoulders of the runway to be 35 feet wide instead of 25-feet.

Louisiana's Cable TV Companies Ask to be Plaintiffs

The Louisiana Cable and Telecommunications Association filed Tuesday to be included as a plaintiff in the lawsuit seeking to block the Lafayette Utilities System's funding for its telecommunications project, according to a report in The Advocate. The LCTA is made up of the state's cable television companies. Other plaintiffs in the suit include BellSouth, Cox Communications and a group called Fiber411. The plaintiffs are asking 15th Judicial District Judge Byron Hebert to rule as invalid the process LUS is using to seek up to $125 million in bonds to begin providing fiber-optic based cable, phone and high-speed Internet services.

Trial Date Set for Accused Serial Killer

WAFB reports that Judge Bonnie Jackson has set the date to begin accused serial killer Sean Vincent Gillis' first degree murder trial for the death of Donna Bennett Johnston. It will be October 11th of this year. Prosecutor Prem Burns says before that trial date, she wants to have the FBI perform new DNA tests using a fresh sample from Gillis. Gillis' attorney, Kerry Cuccia objected in open court, but the judge overruled.

Vioxx MDL Headed to EDLA

Notes from the (Legal) Underground has the scoop on the VIoxx MDL. Evan Schaeffer, the Notes proprietor, has been providing insights regarding this litigation from its start.

Judge Recuses Himself from Capital Cases

The American Press reports that 14th Judicial District Judge Al Gray has recused himself from all capital cases after the Third Circuit granted a defendant a new trial based on claims that the judge's behavior during a 2003 capital murder trial deprived the defendant of his right to a fair trial.

Judge Gray opposes the death penalty, and he hasn't kept his feelings a secret. During Langley's 2003 trial, he practically praised prospective jurors who shared his view.

City to Sue Cox Cable?

The Shreveport Times reports that Bossier City and Bossier Parish are exploring the possibility of suing Cox Communications to enforce a franchise agreement that requires the cable company to carry KTAL-TV, the local NBC affiliate. Cox dropped the station in compliance with a 1992 FCC ruling after the station's owner ordered the company to remove the station from the cable-TV line-up. "However, a federal court has ruled that cable operators are responsible for more than just what is required by the FCC, City Attorney Jimmy Hall said. The city and parish now are seeking to test whether the issue exceeds their regulatory control, he said. "

Courthouse Security in Iberville Parish

The Advocate reports that 18th Judicial District Judge William Dupont and Iberville Parish President Mitch Ourso expressed differences in opinion regarding which of them is responsible for providing security at the Iberville Parish Courthouse.

"I invite you to come and watch on court day here. You ought to watch that circus, the people coming and going. Security here is an issue for the judges, not the Parish Council," Ourso said to the Iberville Parish Council.

The debate eventually turned ugly.

Four New Members Appointed to LADB

The Advocate reports that the Louisiana Supreme Court has made four appointments to three-year terms on the Louisiana Attorney Discipline Board. The four newly appointed members are Michael Walsh, an attorney in Baton Rouge, Terrebonne Parish Assistant District Attorney James R. Dagate of Houma, and public members Martin L. Chehotsky of Lake Charles and Charles C. Beard Jr. of Shreveport.

Suit Against ULL Alleges Cruelty to Monkeys

According to a story in the Daily Iberian suit has been filed against the University of Louisiana at Lafayette by a former employee of the university's New Iberia Research Center. The employee is alleging that she was fired because she reported violations of the federal Animal Welfare Act at the facility. The facility houses more than 6,000 primates.

Dept. of Agriculture Did Not Get Proper Permits For Mill

The Times-Picayune reports that the Department of Agriculture did not obtain all of the permits needed before starting construction on a sugar mill in Lacassine. DEQ regulators found that the violation was not willful and resulted from a "misinterpretation" of the law on the part of the Department of Agriculture.

AG Opinion Says Livingston Parish Fee Illegal

A report in The Advocate states that a recent Attorney General's Opinion found that Livingston Parish is illegally charging a fee on the transfer of immovable property. The parish charges a $300 tax on the transfer of immovable property within the parish in an effort to stop running the parish on a deficit.

State Seeks to "Stamp Out Fraud"

The Advocatereports that Governor Blanco will announce a new campaign to educate the public on the costs of fraud to Louisiana. The new website is located at the Department of Labor's site, and it includes information on worker's comp fraud, identity theft, and insurance fraud.

Tabasco sues Tabasco's

The Advocate reports that McIlhenny Co. has filed a trademark infringement suit agasint a restaurant in Iowa. The restaurant, named Tabasco's, has indicated that it will fight the suit.

Contractors Vow to Continute Fighting Odom

The News Star reports that state contractors intend to challenge State Agriculture Commissioner Bob Odom's practice of using his employees to do construction work on state projects. Specifically, Odom has been flying forestry firefighters, unclassified employees (including his top staff) and even himself from Baton Rouge to north Louisiana to work on a state-financed $45 miillion syrup mill in Jefferson Davis Parish. The Association of General Contractors argues that Odom's practice violates the state's public bid law and is planning to appeal a decision in Odom's favor to the Louisiana Supreme Court.

Judge Not Allowed to Fund Defense With Campaign Funds

The Ethics Board ruled that State District Judge Alan Green cannot use his campaign fund to pay for his defense. The Times-Picayune reports that Green is accused of taking more than $20,000 in bribes from Louis Marcotte, III, a bail bondsman, so that Marcotte could maintain a near monopoly on bail bonds in the 24th JDC.

Judge Conducts "Therapeutic Jurisprudence"

The Advocatereports that Judge Don Johnson's method of "therapeutic jurisprudence" may be illegal. Judge Johnson has ordered some people convicted of certain crimes in his court to pay their fines to persons other than the Sheriff. He has ordered defendants to pay the Kiwanis Club, Southern University baseball team, and McKinley High School. The only problem with this is that the Louisiana Law requires that all fines be paid to the sheriff.

Chalmette Refining Violated Clean Air Act

The Times-Picayune reports that U.S. District Judge Sarah S. Vance ruled that Chalmette Refining LLC violated the federal Clean Air Act on 34 occasions, discharging more pollution into the air than its state permits allow. The judge also ruled that two environmental groups, St. Bernard Citizens for Environmental Quality and the Louisiana Bucket Brigade, have the right to sue the refinery to enforce federal environmental laws. Adam Babich, director of the Tulane Environmental Law Clinic, which represents the environmental groups, said Vance's ruling is crucial.

Judge Vance also ruled that the residents do not have to prove that their health was harmed by the emissions, or that the refinery is the only source of the pollution, to file suit. She said the foul odors and soot the groups complained about are sufficient reasons for them to sue under the Clean Air Act.

Capital Clerks is an online legal research company that provides high-quality legal research to Louisiana law firms and legal departments. We are qualified LSU law school students who are eager to assist you in researching your legal issues. To learn more about us, give us a call at 888-263-6625 or visit us on the web at CapitalClerks.com.

U.S. Dept. of Justice Reviews Henderson Shooting

The U.S. Department of Justice will review the Ouachita Parish police shooting death of William Mark Henderson, according to a report in The News Star. A federal attorney from the department said that there is no reason to believe the review might turn up new evidence not contained in the Louisiana State Police report. However, the evidence may show that a federal criminal violation occurred or that a civil action by the Justice Department is warranted, according to Donald Washington, federal attorney for the western district of Louisiana. Henderson's family is currently pursuing civil litigation against the city, the police department and the officers.

City of Jennings Broke State Law

The American Press reports that the City of Jennings is accused of braking two state laws by failing to submit its annual audit report in a timely manner and failing to secure funds deposited in financial institutions, according to a routine audit presented to the council on Wednesday. The council explains that the delay in filing the annual audit report was due to the implementation of a new accounting system and the collection of new information. The council responded to the second allegation by stating that all funds were fully secured by July 31, 2004.

Get While the Getting is Good

The Times-Picayune reports that Louisiana Independent Oil and Gas Association is claiming that environmental suits over wells drilled decades ago are now draining today's Louisiana oil production.

The so-called "legacy lawsuits" involve fields that were drilled years ago by the major oil companies with since-discarded technology. Through the years, as the majors left the state, the leases were assumed by other companies that had to take on liability for environmental effects.

"This isn't it," said Don Carmouche, a Donaldsonville attorney who frequently represents landowners in suits against oil companies. "This is a mess that these companies have left in this state. It's time that they clean them out."

Candidates for 21st JDC Bench Announce

The Advocated reports that Eric L. Pittman,of Denham Springs, and Scott Sledge, of Hammond, have announced their candidacy for District Court Judge in the 21st Judicial District. The district encompasses Livingston, St. Helena and Tangipahoa parishes. They are running for the judgeship that opened when Jeff Hughes was elected to the state's First Circuit Court of Appeal.

Shreveport Going on Offensive

The Shreveport Times reports that a state lawsuit seeking to challenge Shreveport's use of state funds to build a convention center hotel was not filed yesterday because of the Mardi Gras holiday. Attorney Billy Pesnell, who represents Shreveport Citizens for Food Government, contends the city cannot use the state funds for hotel construction. The City, however, disagrees. "We've been on the defensive and will be. We're receiving these every week," Mayor Keith Hightower said. "But we're about to go on the offensive. We're tired of spending untold dollars defending frivolous attempts to stop this project."

Contractors are Still Unpaid

The Shreveport Times reports that subcontractors to Whitaker Construction are still owed in excess of $1.4 million for their work on the expansion of the Independence Bowl in 2001. The City of Shreveport plans to appeal a jury verdict awarding their general contractor, Whitaker Construction, $764,000 for additional work that the was performed by contractors on the stadium outside the scope of the contract.

Accordingly, until the matter is finally resolved, the subcontractors have not been paid by the city or the bonding company responsible for satisfying their liens on the Independence Bowl. The contractors will be lucky to get pennies on the dollar,"
Shreveport City Council Chairman Mike Gibson said. "The attorneys are the ones who are going to make a bunch of money."

Shreveport Group Changes Tactics Against City

The Shreveport Timesreports that a group in Shreveport is dropping its suit against the city over a proposed hotel addition to its convention center. An earlier story on this issue was posted on Nakedownership.com. It appears that the group could file another suit as early as today.

Student Sues School After Getting "F"

A former student is suing the Episcopal School of Acadiana after she received an F in a class. According to The Advocate the student admitted to violating the schools honor code and received an F as a result. The student is suing to have the F removed from her transcript and for $50,000 to compensate the student for her "humiliation, distress, and damage to her reputation."

Edwards Asks Fifth Circuit to Look at His Case Again

The Advocate reports that lawyers for former governor Edwin Edwards have asked the Fifth Circuit to look at his case yet again. Edwards is alleging several improprieties and also states that the federal sentencing guidelines have been thrown into doubt by a recent Supreme Court decision. Edwards is currently serving 10 years in federal prison for his role in a scheme to extort money from casino riverboat applicants.

Belly Up to the Bar V

Welcome to Belly Up to the Bar V. Based on the few submissions received for this week's edition, I'd say the legal field has a lot of ground to make up before we can compare ourselves to those medical guys and gals that are putting together one Grand Round after another.

Accordingly, why not follow a successful model. The following scope (as originally presented here) seems to have worked before:

Remember, the target audience here is NOT other [legal] bloggers, or people in the [legal] industry. It's the educated but [non-legal readers] coming from general-interest blogs. So write for that audience, if only for this one post (even if your blog is about [poultry law]). The idea is to introduce the wider world to the growing [legal] blogosphere -- the [lawyers, judges, paralegals, administrators, law students, and clients] who blog.

Despite the lack of a concerted effort, we are still generating a tremendous amount of writing that fulfills this objective. The following represents my effort at finding this week's crop.

Problems?? With the law!?
Musclehead started a great discussion when he theorized that "the legal profession has taken the notion of zealous representation to mean whatever the client wants," which, in turn, has led to mixed-up priorities for lawyers.

Notes from the (Legal) Underground responded with an opinion that over-the-top advertising has done more to harm the profession than over-zealous representation, drawing out Evan's old sparring partner--the blawger formerly known as the Ethical Esquire.

Based on this arithmetic from Yale Law School, it looks like new associates in BIG LAW don't have time to be concerned with things such as advertising and zealous representation. It's enough to turn The Prejudicial Effect and Preaching to the Perverted away from BIG LAW. Minor Wisdom noted the chart and his law partner, Bradley Parker, expanded the conversation to discuss law's dirty little secret.

Meanwhile, Scheherazade Fowler witnessed another path when she was in Miami last week.

Speaking of hip lawyers, Ernie the Attorney was profiled last week by JDBliss. And, speaking of bliss, JCA's dogged pursuit of law review was finally rewarded.

Apparently, considering rules to live by was prevalent last week, as noted by Lawtech Guru and Warren Buffett (admittedly not legally-related, but worth the time it takes to read it).

Getting Some Work Done
Back at the ranch, Structured Settlement started a Wikipedia entry on his specialty. The Wired GC was on a roll, first discussing BitTorrent and the Law and then 1-Click Lawyer Referrals (which was first noted by Kevin O'Keefe).

Tom Mighell promises some "highly scientific analysis of the blawg-o-sphere" and some statistics in the next week or two. And, finally, J. Matthew Buchanan has produced an excellent primer on patent reform.

If you are up to the task, take a shot at producing a post for submission in next week's Belly Up to the Bar. When it's done, send it here and I'll make sure it gets included in the next round.

Many thanks to Kevin at Tech Law Advisor for taking the initiative to get this started!

Lafayette Firefighters File Suit

Firefighters in Lafayette have filed suit against the city reports the Daily Advertiser. The suit is over what the firefighters say is an illegal pay cut. The city responds that the cuts were triggered by the violation of a provision of the collective bargaining agreement between the city and the firefighters.

Officals Learn About Public Records

According to The Town Talk public officials received a primer on public records. The talk dealt with officials responsibilities in producing public records after they have been requested. The talk emphasized that public officials can be personally liable if they do not comply with the request.

Imprisoned Ex Judge Accuses Copeland

Former state district judge Ronald Bodenheimer claims that he conspired with New Orleans restaurant owner Al Copeland to fix Copeland's child custody case. The Times-Picayune reports that Copeland allegedly threatened Bodenhiemer by stating that he would have opposition during the next election. Bodenheimer is serving a 46 month federal sentence for his role in the conspiracy among other crimes.

Legal Technology Seminar in Shreveport

Jim Calloway and Tom Mighell will be presenting a seminar on Technology for Lawyers, Paralegals, Legal Secretaries, Office Administrators, Law Firm and Court IT Specialists. The program, which has the subtitle 'What You Don't Know Can Hurt You' will take place on February 21st at the University Club on 401 Market St. in Shreveport. Here is a PDF version of the brochure, which highlights the various interesting sessions, including the one on how to more effectively manage your E-mail in-box and how to use the Internet more effectively in your law practice.

Proposal for LSBA Appellate Section

New Orleans lawyer René B. deLaup is spearheading an effort to create an Appellate Section of the Louisiana State Bar Association. He sent me this message describing his effort:

Our LSBA doesn’t have an appellate section, and I’m trying to gauge interest. Texas has one (http://www.tex-app.org/); some other states probably do too. In addition, Louisiana appellate courts have no organization of appellate attorneys from which to solicit feedback on rule changes.

I envision an LSBA appellate section being not much more than a low-traffic listserve discussion group where we can share expertise and tips. I hope also that the appellate court judges would sometimes consult us for our thoughts on an appellate practice issue or U.R.C.A. amendment. On a volunteer basis only, members could write pieces in the Louisiana Bar Journal on new developments or on legal-writing topics. Annual dues of $5 or $10 should cover it.

I’ve drafted some proposed bylaws, and I can do a resolution for approval by the LSBA House of Delegates at the June annual meeting. I may need some more names behind the resolution. Please let me know if you’re interested in the section.
--
René B. deLaup
Attorney at Law, Appeals
511-B Lowerline Street
New Orleans, Louisiana 70118-3801
504-861-7402

René is still tinkering with the draft bylaws, but the preliminary draft he sent is here. If you have any comment or feedback on the draft, write to René; his email is rdelaup*at*bellsouth.net.

Several people at my firm (Adams and Reese) are interested in this idea. René is drafting a resolution that he'd like to submit to the LSBA House of Delegates at the June 2005 annual meeting. He's going to sign it and then send it over here for signing, by us and other interested people located in downtown New Orleans. If you're a member of the LSBA who'd like to sign the resolution, please let us know. Send an email to René or to me (ray.ward*at*arlaw.com), or leave a comment here.

Pardon Board Can't Require Court Costs for First Offender Pardons

A recently released Attorney General's Opinion states that the Constitution prohibits requiring those eligible for first offender pardons to pay their outstanding court costs. The Times-Picayune reports that the opinion states that the State Constitution requires that non-violent first offenders automatically receive a pardon.

New Orleans City Council hiring local law firm

The Times-Picayune reports that the New Orleans City Council voted Monday to hire the firm of Herman, Herman, Katz and Cotlar to pursue litigation in a dispute with the Sewerage & Water Board. The dispute concerns who has the right to authorize the laying of conduits for underground fiber-optic cables.

Student Sues Jefferson Parish School Board

A Muslim student is suing her teacher and the Jefferson Parish School Board alleging that her teacher pulled off her head scarf and told her that he "hopes God punishes her." The Times-Picayune reports that the student was not satisfied with the administrative measures taken by the School Board.

Ethics Board Faces Challenges

Executive Director of the State Ethics Board, R. Gray Sexton, stated that exceptions in the State Ethics Code create a perception and possibly a reality of unfairness. According to The Advocate, Sexton called for NGOs, the media, and labor and business groups to assist the Ethics Board in protecting the Code from further encroachment.

Ascension Student May Take Case to Supreme Court

The Advocate reports that an Ascension Parish student may appeal a lawsuit related to his 2001 expulsion all the way to the Supreme Court of the United States. The student was expelled in 2001 after he drew a picture that appeared to depict a Columbine style attack on his school. The student's appeal was taken up by the Rutherford Institute, a civil liberties organization.

Ascension Student May Take Case to Supreme Court

The Advocate reports that an Ascension Parish student may appeal a lawsuit related to his 2001 expulsion all the way to the Supreme Court of the United States. The student was expelled in 2001 after he drew a picture that appeared to depict a Columbine style attack on his school. The student's appeal was taken up by the Rutherford Institute, a civil liberties organization.