LegalFish: The Daily Tackle

The Odd File: A Misuse of Bedside Manner?

Here’s the scenario:

A gentleman wrote in seeking legal representation for a sexual harassment complaint he had against a doctor he saw under emergency care. This gentleman was admitted to the hospital in the morning due to abnormal breathing, and he recalls nine doctor visits when he was inappropriately touched. From the doctor “touching [his] arm and chest in a caressing manner” while examining him to “pressing his erect penis against [his] foot,” he was able to vividly recount all of the details pertaining to his visits. He describes that the doctor adjusted his underwear to press on his stomach for abdominal pain, and during part of this examination, the doctor apparently pressed one hand on his stomach area and another on his penis.

Podcast: Elements of a Car Accident Case

Hi everyone, I posted a new episode to my podcast, LegalFish Podcasts.Please click the link below to view it.http://legalfish.podOmatic.com/entry/2009-10-21T13_29_06-07_00See you there!- LegalFish

Galleon Group Arrest: Insider Trading or Aggressive Research?

With the crumble, and hopefully resurrection soon, of the financial markets, my blood can't help but boil and my head can't help but spin when I hear of another potential financial injustice. This week's Odd File case will return tomorrow; meanwhile, check this out. 

Here’s the scenario:

Billionaire founder of the Galleon Group Raj Rajaratnam was charged last week by federal prosecutors for utilizing insider trading schemes to net Galleon more than $20 million worth in illegal profits. Danielle Chiesi from New Castle Funds was also charged with supplying Rajaratnam and New Castle with insider information. However, reports are surfacing that if Rajaratnam was using insider information to drive which shares Galleon would purchase for profits, then Rajaratnam was a lousy at insider trading. According to the criminal complaint, Chiesi coaxed Rajaratnam to purchase 16 million shares and New Castle to purchase 2.5 million shares of A.M.D., a computer chip maker. Galleon spent $85 million to $90 million on the 16 million share purchase, but, when the global financial markets began to fall, so did A.M.D.’s shares. The shares that Galleon purchased were then only worth $68 million, and the group suffered a near 30% loss. 

David Letterman – Sex, Lies and Blackmail in the Workplace

Here’s the scenario:

David Letterman took to his late night talk show in early October to reveal that he had sexual affairs with Late Show staffers and that he was the alleged victim of an extortion plan. He explained that someone threatened to go public with his sexual encounters with staff members if he didn’t pay him over $2 million. Letterman reported the extortion threat to the special prosecution bureau of the Manhattan District Attorney’s office, which conducted an investigation and arrested CBS’s 48 Hours Producer Robert "Joe" Halderman. This saga, filled with lust, betrayal and revenge, continues to unfold as we witnessed Letterman’s public apology to his wife in an attempt soothe the turmoil in this marriage and friends and co-workers of Halderman publicly speculate that he blackmailed Letterman because he was in debt and because Letterman upset him by sleeping with his girlfriend, Stephanie Birkitt. 

The Odd File: Troubles in the Workplace

Here’s the scenario: 

In 2004, an employee at a discount department store reached out about the possibility of suing his employer due to religious persecution. As an employee for over eight years at the department store, he requested Friday nights off for religious reasons. The store denied the time off request, and his hours were then cut to below 20 hours a week. 

Criminal Law: Alleged Abuse of Judicial Power

Here’s the scenario:

Ex-judge Herman Thomas was once a prominent political figure in Mobile, Alabama as a black Democrat that was repeatedly elected in a predominantly white, Republican county. AOL.com notes that Thomas was selected as the Democratic party’s choice to be the first black federal judge in South Alabama. However, Thomas’ reputation and career began to deteriorate when stories surfaced about him pressuring inmates to have sex with him in exchange for lighter sentences. 

Fourteen former and current inmates have come forward accounting that Thomas made them pull down their underwear to spank them with his fraternity paddle and engaged in oral and anal sex with him to stay in good favor with the judge. Thomas would apparently sign some of the inmates out of prison to have sexual encounters with them in his car or and in his private office in the county courthouse. According to court records, one inmate’s semen was found on the office carpet. 

The Odd File: French Upset about Subway Restaurant Ad

Here’s the scenario:

Back in 2005, a French man living in Massachusetts wrote in complaining about Subway Restaurant’s advertisement of their new chicken cordon bleu sandwich.  A poster in a Subway Restaurant window read “Chicken and France… Somehow it just goes together.” The poster also featured a chicken dressed in what appeared to be a French military uniform. He found the poster to be disturbing because to him it was clearly racist, inflammatory, and insensitive. The man said, “They’re looking to sell a few sandwiches on the basis of the current anti-French sentiment?” He acknowledged that there are a lot of French people in the United States and that Subway Restaurant, as an international franchise, has shops in France and Quebec, so he had a hard time imagining this poster in restaurant windows there. He asked: “Are they violating any laws?”

Crime and Violence: Chicago Teen Beat to Death, Attackers' Legal Consequences

I’m sure that most of us have heard about the 16 year-old Chicago teen Derrion Albert that was beaten to death in a brawl while walking home from school. The horrific video footage, which shows his assailants thrashing him with a railroad plank, was captured on a cell phone and made national headlines.  The Fenger High School student was laid to rest in Chicago on Saturday, October 3, and Jesse Jackson as well as other civil rights leaders attended Albert’s funeral at Greater Mt. Hebron Baptist Church. 

Although many can’t help but wonder if Albert’s death hurt Chicago’s chances of winning the 2016 Olympic bid, this cruel beating further highlights Chicago’s problem with violence, and particularly exhibits what happens when misguided, gang-affiliated youth take matters into their own hands. The brutal, senseless actions of these teens show exactly how limitedly they appreciate humanity and their own future. According the Chicago Defender, four teens, Silvanus Shannon, 19, Eugene Bailey, 18, Eugene Riley, 18 and Eric Carson, 16, were charged on September 28 as adults with first-degree murder and held without bond as ordered by the Cook County State’s Attorney's office.  Chicago Police continue to search for at least three more suspects responsible for the homicide.

Trademark Law: Exploring the Digital Rights of a Name

A name can be a special thing. When my sister took the time to name each of her children, she and her husband went through a long and arduous process to decide the names they will be called for the rest of their lives. They believe that the names they give their children will ultimately represent the expectations they have for them, which they hope the kids will uphold throughout their life. For both of their children, my sister and her husband took all nine months to consider the importance of different names and what qualities they want to see their children embody as responsible citizens of this world. 

LegalCast: Car Accident Tips

Hi everyone, 

I posted a new podcast episode to LegalFish Podcasts. Please click the link below to view it.

http://legalfish.podOmatic.com/entry/2009-09-30T10_32_44-07_00