Lionel Sawyer Shake Up--Christensen Glaser Strikes Again!

Word is that Christensen Glaser has stolen Lionel Sawyer litigation partner, Lance Coburn (Lionel Sawyer profile--while still available). Taking a litigation partner from perennial Vegas old boy firm Lionel Sawyer? That's a coup.

And don't forget Christensen Glaser is the Los Angeles firm that stormed into town and stole the Real Estate partner from Snell & Wilmer. Looks like the new kid on the block is planning to stay and planning to take over a big part of the market.

Congrads to Christensen Glaser on its newest theft and to Mr. Coburn for the new job.

[Thanks to V.D. for the tip]

Good PR for Judge Voy

With all the negative media attention on the ethically questionable actions of some members of the judiciary (especially from those damn gossip blogs . . . ahem), it's nice to see members of the Nevada judiciary getting kudos when they go above and beyond the job description. On Sunday, there was a nice piece on Judge Voy's work to get teenage prostitutes out of the homeless/prostitution cycle.

The Review-Journal reports:

Welcome to teen prostitution court, Voy's standing once-a-week appointment with various young girls caught up in something very grown-up and ugly. Or, as Voy prefers to call it, "sexually exploited youth court."

"These girls are victims, and should be treated as such," the Family Court
judge said Wednesday morning before court. . .

"Where else are we going to put them, a hotel? At least the food's not bad" in the detention center, Voy says. "At least they're not being abused back there." A few days more in the detention center is exactly what the 13-year-old gets, time for a social worker to find another place for her.

The girl also gets a simultaneously stern and kind lecture from Voy. "The easiest thing for me to do would be to cut you loose," he tells her. "You know why I'm not? All these people here, we care about you and want you to be safe."

"She's run away twice in two months," Voy tells the girl's public defender. "We've been lucky enough to get her back each time in one piece and alive, not in the coroner's office. I'm really scared for her. My little runner is not going to run again."

Still adjudicating; still stern, but putting in a little extra focus on the needs of homeless teens. Nicely done Judge Voy.

Weekend Roundup

A Nevada Health Inspector reports a Nevada law prohibiting agencies from sharing information is interfering with the Health Dept.'s Hep-C Investigation. (KOLO News) Meanwhile, the insurance companies have started dropping Endoscopy Center doctors from their medical malpractice insurance coverage. (Review-Journal). Meanwhile Hep-C scares are causing HIV scares (Review-Journal) and the medical board is being rightfully slammed for its removal of medical malpractice information (Review-Journal)

Jury convicts a man of $3 robbery and murder (Review-Journal)

Secretary of State Ross Miller has interprets Nevada law as making it difficult to recall elected officials or get measures on the ballot. (Review-Journal)

Nevada's new U.S. Attorney Greg Brower was confirmed by the U.S. Senate (Nevada Appeal)

Noel Gage's new trial should start in late May (Review-Journal)

And a Nevada District Court found judicial candidate David Rivers was defamed by the Las Vegas Tribune (Review-Journal)

The ACLU is protecting the rights of those annoying preachers on the strip to carry wide signs (Las Vegas Sun)

Witnesses in the Henderson police shooting of Deshira Selimaj are saying the shooting wasn't justified (Las Vegas Sun)

A Washoe County jury sentenced Hamilton to the death penalty after he was found guilty of the brutal murder of a 16 yr old girl (Reno Gazette-Journal)

An editorial in the Reno Gazette-Journal suggests supporters of a judicial appointment system will have a hard time convincing voters to give up the judicial election system (Reno Gazette-Journal) [because voters have done such a crack up job of getting the best candidates on the bench so far?!?]

A streaker was sentenced to 80 hrs of community services for showing his goods to cheerleaders (Nevada Appeal)

Workers at the Regional Justice Center are getting sick from a peculiar smell (Las Vegas Sun)

The failed plot to bribe Justice (then Judge) Saitta (Review-Journal)

Say it Ain't So! Nevada Judiciary looking to Clean itself Up?!?

The Nevada Supreme Court approved a state Senate measure to have judges appointed.

The Review-Journal reports:

The Nevada Supreme Court's Article 6 Commission voted 18-2 to support Senate Joint Resolution 2, a proposed constitutional amendment. If approved by voters, the amendment would end Nevada's 143-year tradition of allowing voters to pick judges in contested elections.

The Legislature passed the proposal in 2007 but must approve it a second time in 2009 before it could go to the voters for their decision in the 2010 general election.

Senate Majority Leader Bill Raggio, R-Reno, a member of the Article 6 Commission, is sponsoring the change. It would require the initial appointment of judges with voters then being asked whether they should be kept or not.

Say it ain't so! Will the days of judges collecting large donations from parties arguing before them will ride off into the sunset? Will Nevada ever be the same? Will litigating Nevada lawyers now have to actually know civil procedure, rather than offering a larger donation to the judge's campaign? Will I have anything left to post about. (sigh) This could be the end of an era.

Thurs Roundup

The Nevada Parole Board is speeding up the parole process (Nevada Appeal)

Prosecutors are pushing for the death penalty in the murder trial of Tamir Hamilton accused of brutally murdering a 16 yr old girl (Reno Gazette-Journal)

Judge Hardcastle [pictured right] announced that he is resigning from the bench in Family Court (Review-Journal)

And the villainous Dr. Venger spoke with the Review-Journal about how he became the bad guy in the trail of Noel Gage (Review-Journal)

Endoscopy--Where's Dr. "Needles" Desai?

Rumor in the Vegas medical community is that Dr. "Needles" Desai has fled the country to India.

Dr. Desai is the owner of Endoscopy Center and person potentially on the hook for any damages collected in the mutliple civil actions if Plaintiffs pursue claims beyond simple insurance-covered medical malpractice.


Anyone know where Dr. "Needles" is? Last I heard from him, he was looking forward to receiving his due process.



Meanwhile, today the Review-Journal has an editorial proclaiming Dr. "Needles" Desai was in control of the Endoscopy procedures no matter what he knew since he was the boss and a letter claiming that brothels are cleaner than clinics.

[Even the brothels have political spin machines, turning all news to pro-brothel stories. I love this state]

Wed Roundup

Vegas is a hub of child sexual trafficking (Reno Gazette-Journal)

A prison chaplain in Carson City has been put on leave, which she alleges is because of her complaints about prison conditions (Review-Journal)

The Nevada Supreme Court called the legality of the Vegas "Downtown Initiative" into question. The initiative tells police to arrest, rather than cite, any suspects of illegal activity who have a prior criminal record (Review-Journal)

And Nevada's Attorney General has called the state's illegal immigration law unenforceable (Review-Journal)

The Las Vegas Sun celebrates the contributions of Boyd School graduates to Vegas on the 10th anniversary of the school (Las Vegas Sun)

Good Job Boyd School!

A leaked copy of the US News and World Report Law School Rankings for 2008 shows UNLV leaping up to a tie for #88! (awful scanned copy of the rankings availble on Above the Law)

Congratulations to Boyd School, leaping up 12 spots from #100 in 2007.

[thanks to William for the tip]

Mon-Tues Roundup

Lawsuit accuses Vegas chiropractor as fraud (Review-Journal) [another Nevada doctor running a scam? shocking]

Vegas residents gathered to let out their Endoscopy anger. (Las Vegas Sun) These residents may get their chance to challenge the doctors under oath. (Las Vegas Sun)

Rum Jungle at Mandalay Bay is being sued for an attack by its bouncers (Review-Journal)

Judge Walsh will hold a hearing on a constitutional challenge to the banking law (Review-Journal)

Juvenile sex offender laws causing problems in Family Court (Las Vegas Sun)

"The Donald" is suing a Las Vegas company over misuse of the Miss U.S.A. copyright (PR Inside)

The Washoe County D.A. says prosecutors may stop prosecuting misdemeanors due to budget cuts (Reno Gazette-Journal)

Weekend Roundup

Clark Co. attorney Michael Woodbury was disbarred for failing to notify Nevada Bar that his California legal license had been suspended for charges of harassing a minor (Review-Journal)

Nevada lost another prominent attorney--Jones Vargas founder, Herbert Jones, died at age 93 (Las Vegas Now)

Spring Valley residents object to the pink-colored house occupied by Ticket-Busting law firm Ramsey & Associates (Review-Journal)

The Nevada Supreme Court voted to delay the indigent defense reforms (Review-Journal) and an RJ editorial wonders how the state will pay for reforms.

Class action lawsuit attempts to remedy faulty plumbing in Vegas homes (Las Vegas Sun)

Endoscopy News:
U.S. Senator Ensign jumped into the Endoscopy mess, asking Gov. Gibbons to refrain from removing doctors from the state medical board. (Review-Journal)

Meanwhile, Nevada has completed its inspection of clinics within the state with 7 showing major infection control problems. (Monterey Herald)

And a woman whose husband died of Hep-C after being an Endoscopy patient has filed suit against Dr. "Needles" Desai's clinic. (Kolo 8 News)

Weak Economy finally hitting Vegas firms?

In an economic slowdown, the traditional logic is that businesses increasingly rely on legal assistance. As a result, the legal economy improves as companies engage in more litigation or bankruptcy. But that's not the case in the current economic slowdown.

In Business Las Vegas reports:

While most say litigation is up slightly, bankruptcy filings don't appear to be increasing as fast as might have been expected.

That could mean two things, they said: Either the economy in Las Vegas is not as bad as some have said, or lenders are really working hard to create work-arounds.

Mid-sized firms across the country are considering hiring freezes. What those firms do will certainly have an affect on recruiting and the business of legal services in Las Vegas, veteran lawyers said.

What does this practically mean for Vegas attorneys:

"I think we're going to see a balancing in law firm employment, especially at the larger firms," said Bill Urga of Jolly Urga Wirth Woodbury & Standish. "I think we're not going to see new hiring, and certainly not an increase in wages. I think people are being cautious. And I think that's prudent of them."

The Las Vegas legal legal market has historically avoided many of the problems faced in other cities. That is at least in part due to the nature of Nevada's economy.

The economic downturn appears to be fairly isolated to the building industry and those closely tied to it like furniture and appliance sales.

Sounds like it's not too doom and gloom for Vegas lawyers. Additionally, the article suggests that firms turning to new areas of practice for the Vegas Valley (IP, Securities) are seeing their business grow. So get out there and learn some new law attorneys!

Fri Afternoon Roundup

Man acquitted for murder due to LSD use is soon to be back on the streets of Vegas. (Sign on San Diego)

The NV Supremes held that the Vegas police department must pay a subsidy to a state plan for retired officers (Sign On San Diego)

Congratulations to Bonnie Boyce, Julie Whitman, Sophia Long and Joslyn LaMadrid for being named associates at Albright, Stoddard, Warnick & Albright. (Review-Journal)

NV Supremes deny Halverson

The Nevada Supremes denied Judge Halverson's Petition for a Writ of Mandamus yesterday.

Harmful error reports:
The Court found that Halverson's due process rights were not violated and that "she has articulated no prejudice other than speculative damage to her reelection campaign, which is not the type of interest that is protected by by due process."


Too bad. Looks like Vegas' most famous jurist will actually have to go before the Judicial Disciplinary Commission and explain all those foot rubs.

[Credit to Harmful Error for the scoop]

Friday Roundup

Nevada casino operators are considering lifting the casino cell phone ban (Nevada Appeal)

The man responsible for sending the "Show and Tell" killer to prison recanted his testimony 21 yrs too late (Las Vegas Sun)

And the Endoscopy Roundup for the day:

Endoscopy settled the med mal lawsuit alleging the center's doctors failed to diagnose cancer due to a hurried colonoscopy (Las Vegas Sun).

And the news in the multiple Hep-C related cases filed against Endoscopy Center is that all of the cases will be moved before Judge Earl, who has handled several prior complex litigation matters. (Review-Journal)

Meanwhile, the Mayor of Vegas suggests a civil trial may not be enough and wants the Endoscopy culprits, including Dr. "Needles" Desai, to appear before the City Council and answer questions. (Review-Journal)

Thurs Roundup

An editorial in the Review-Journal today reveals the paper's complete lack of understanding of how judges ensure a fair trial in our criminal system [yes, even in Vegas, fair trials have occurred] (Review-Journal)

Dr. Daniel McBride is refusing Gov. Gibbons' calls to resign from the State Medical Board, claiming that in the past he recused himself from all business related to Dr. "Needles" Desai of Endoscopy Center. (Review-Journal) Meanwhile, the former Chief of the Medical Board insists the board did all it could legally to prevent Dr. Needles from resuing syringes. (Las Vegas Sun)

Want to watch the med mal legal action being brought against Endoscopy Center? You'll have a lot of chances. (See the scheduled list of cases at lvcourtsblog.com) And, in the spirit of March Madness, the Las Vegas Sun has published a list of all the players in the Endoscopy nightmare (Las Vegas Sun)

Congratulations to Sands owner Sheldon Adelson who was just awarded $8 million in his British libel suit (Review-Journal)

Apparently, disgraced and disbarred attorneys in other states escape to Vegas (Sun-Sentinel.com)

Finally, Vegas might want to solve its homeless problem, if only to prevent arson (CBS News)

Wed Roundup

Review-Journal continues coverage of Noel Gage's mistrial [ahem . . . narrow escape from prison] (Review-Journal)

Gov. Gibbons vows that he will take legal action to remove medical board members (Review-Journal)

Judge Wagner is asking the Nevada Supreme Court to rethink its attempt to provide the poor with decent representation. (Review-Journal) Some critics of the changes suggest Nevada simply cannot afford to give adequate representation to poor defendants. (Nevada Appeal) [this may be the most telling story about the legal community in the state--Judges are literally arguing that the justice system cannot afford due process for the poor, so the Supreme Court shouldn't ask them to]

An editorial praises the role of trial lawyers in Nevada (Review-Journal)

Something or some smell at the Regional Justice Center is making people ill (Las Vegas Sun)

Finally, A Reno jury returned a $590 million judgement against Darren Mack (Nevada Appeal)

Hide your children: Plaintiff's attorney on the loose

A mistrial was declared in the Noel Gage trial today.

The Las Vegas Sun reports:

After a week of deliberation, a jury was unable to agree on a verdict in the federal conspiracy and fraud trial of lawyer Noel Gage.

Senior U.S. District Judge Justin Quackenbush declared a mistrial after the jury sent him a note saying that after “examining and re-examining” the evidence “at this time we are not able to reach a consensus.”

The U.S. Attorneys vowed to re-prosecute.

Tues Round Up

Good Day for Vegas legal and medical malpractice news: our latest black eyes hit the East Coast media:

Med Mal News

Board of Medical Examiners members are refusing Gov. Gibbons calls to resign in the wake of the Endoscopy Center scandal (Review-Journal/NY Times). [That's understandable, since the medical board has done such a good job with oversight in Nevada given our fine reputation for medical care before Endoscopy.] An editorial in the Review-Journal applauded the Governor's attempt to clean up this mess.

In the meantime, state health inspectors in southern Nevada are suggesting that additional people (beyond the initial 40,000) may need to be warned that they have potentially been exposed to Hep-C and HIV. (CBS News) And an editorial in the Las Vegas Sun laments the loss of trust between Vegas patients and their doctors.

Pahrump lawyer and legal elder statesman "Frosty" Cahlan dies at the age of 73. (Review-Journal)

Nevada judges are requesting more state money for DUI, drug and mental health court programs, arguing the programs will help lower the state's overcrowded prisons. (Nevada Appeal)

The investigation into former Clark Co. Commissioner Boggs continues with an investigation into whether her campaign funds were used for personal purchases (Las Vegas Sun)

The civil suit against crazier than crazy Darren Mack brought by the estate of the wife he murdered begins today. (Reno Gazette-Journal)

And an update in the Ricin story: the man infected came out of his coma and told his brother than he never intended to use the toxin to attack anyone. It was only for self defense. (Review-Journal/NY Times) [does Darren Mack's cell have room for another?]

Finally, a fistfight broke out at the Federal Court in Vegas yesterday after a hearing in the case of Everlyse Cabrera, a little girl who vanished from her foster home in 2006. Apparently, the foster family and biological family were in the same place at the same time [and Federal court does move really slow, so fists were chosen instead of litigation] (CBS News)

Monday Roundup

Congratulations to Nevada! We're the most dangerous state in the union 5 yrs running (AOL)

In Med Mal news:

While some Nevadans are re-thinking the medical malpractice cap in the light of Endoscopy Center's egregious practices (Reno Gazette-Journal), Gov. Gibbons is defending the medical center. He states only 6 people of the potential 40,000 patients have been actually diagnosed with Hep-C and the media is to blame for the hysteria surrounding the clinic. (Sign On San Diego)

[as a tabloid blog, I take exception to the Governor's statement. I never stuck anyone with a Hep-C infected needle to save costs. I think the clinic may have caused the hysteria all on its own]

Meanwhile, the Gov. asked three medical board members to resign to avoid potential conflicts of interest in the investigation of the clinic. (Review-Journal)

Note to criminal defendants: wear the right clothes when you get sentenced. Judges admit it matters (Lahontan Valley News)

Gage still might be put behind bars

Worried that alleged scumbag attorney Noel Gage is destined to go free? Fear not reader, a great article in Las Vegas City Life reports that there's still a good chance the jury will convict based on the remaining charges:

. . . but while the number of counts is now lower, the serious charges are essentially intact.

Nearly all of the criminal acts mentioned in the dropped counts are included in a massive conspiracy count that is the heart of the government's case. Maybe the jury will decide Gage is innocent, but they certainly have not reached such a decision yet, nor has the court essentially tossed out the testimony of the key witnesses, as has been suggested elsewhere. The jury will make that decision too, not journalists.

Two other points need to be mentioned. After the jury reaches a verdict in this trial, it will go right back to work on a second trial of Gage on charges of obstruction. That's right. The judge separated that count out from the others, and the very same jury will be asked to hear new evidence and new testimony on those other allegations.

A lot of people are wondering whether an acquittal for Gage will mean the other targets of a four-year FBI probe will be off the hook, speculating that federal prosecutors will simply punt. Don't count on it. The way I hear it, the Gage verdict will not affect pending indictments whatsoever. They're coming.

Nice to see this trial can't be so quicky swept under the rug as the Review-Journal would have us believe.

[Thanks to Nancy for the tip]

Weekend Roundup

A former advisor to Mayor Goodman was arrested in California (Review-Journal)

Bad news for the Endoscopy victims: the clinics may have been underinsured (meaning the total recovery possible may be $3 million for all of the 40,000 potential victims) (Review-Journal)

The Nevada Supreme Court has been asked to continue to allow indigent defendants to have inadequate representation for a little while longer and delay reforms to the Public Defender system (Mercury News)

An editorial calls for Gov. Gibbons to put all the inquiries into Nevada clincis reusing needles together into one investigation (Review-Journal)

The son of a former Clark Co. Commissioner was indicted for filing false personal tax information (Las Vegas Sun) [does corruption run in the family?]

Injured Vegas cab passenger learns that there's an insurance loophole for taxi passengers (Las Vegas Sun)

The Carson City fun continues with nurses being fired for stealing medication (Review-Journal)

Lerner not going to prison

The Heavy Hitter showed up in Court on Friday to explain why he missed the first day of his client's murder trial. Apparently, he wore his concilatory face and apologized to Judge Leavitt. [Apparently that was enough to save him from prison]

The Review-Journal reports:

Leavitt could have held Lerner in contempt and jailed him.

Appearing in court in a blue suit, Lerner apologized profusely for missing the Jan. 22 trial date and took full responsibility for the mistake. In contrast to his often humorous commercials, Lerner was subdued throughout the hearing.

"We come here obviously expressing our apologies," he told Leavitt. "Obviously, it's been an inconvenience on the court. It's been an inconvenience on Mr. Lino. I've
taken a hammer on this and deservedly so." Lerner said he prided himself on
establishing a 100-attorney practice with a solid reputation and didn't want this incident to sully his name.

Uh? A solid reputation? Really? Do you think he really believes that? And "sully his name"? Is that possible? I've been told he has a name for being a blowhard who's unresponsive to his clients.

Leavitt accepted his apology, saying she didn't take it personally or think Lerner's actions had been directed at her.

She said she was angry at the lack of respect Lerner showed the court when he failed to show up to the January trial. She also was miffed that a few days before the trial, Lerner left a message on a prosecutor's voice-mail saying the judge could sanction him for missing the trial if she wanted to, but he wasn't returning to Las Vegas from Pennsylvania, where he was on a "sabbatical."

Leavitt called the incident "surreal." Lerner said the voice-mail was part of his tough negotiating strategy but conceded it was a lot of "huff and puff." "I was posturing, I am way too old to be leaving silly messages like that," he said.

Seems like Judge Leavitt took it a little easy on Lerner considering what an ass he's been. Yet another Vegas attorney wiggles out of an egregious ethical violation. Hurray!

Friday Roundup

The Nevada Supremes uphold another death penalty verdict (Nevada Appeal)

Apparently, cutting down trees in Nevada is a dangerous activity worthy of prison time (USA Today)

Some people enjoy LSD, others kill their friends and chew on their own shoulders (Review-Journal)

The Nevada Medical Board complained that it was left out of the loop in the Endoscopy investigation. (Las Vegas Sun) [Hmm. . .maybe because the state board has been doing its best to protect Vegas doctors from the public learning about instances of malpractice] Meanwhile, University Medical Center cancelled its contract with Vegas' Dr. Disease, a.k.a. Dr. Dipak Desai (Las Vegas Sun).

And, in the town's spotlight case, the Gage trial has gone to the jury (Review-Journal)

And the Lerner fun continues

Lawyers, do you doubt the impact of putting obnoxious commercials on t.v.? Well, apparently people like the Heavy Hitter's jingles and over-dramatic plot lines so much that there is a Glen Lerner support group on myspace.

But apparently, not all of the group's members are so friendly towards the 4 ft 10" Heavy Hitter. Posted on the message board is the following call for help:

From: The Monk.-
Date: Jan 14, 2008 9:30 PM
Subject: Why Glen Lerner Fucked ME.
Body: Why won't my attorney call me when I request? Not Lerner, but my
case manager? someone tell me please? Oh yeah, why was I sold on empty promises
by the recruiter? That was later FIRED? BUT the contract I signed is still
valid? Help? anyone?

Nice. "One call, that's all" to hire an unresponsive attorney.

[Thanks again to William for the tip]

Update: So many Heavy Hitters, so little time

A reader chimed in on the question of whether Glen Lerner was the only Heavy Hitter:

There is a company out of New Orleans named “Group Matrix” that licenses the Heavy Hitter and produces advertising for those in their exclusive area in various cities. [to see videos from the various "heavy hitters" in the U.S. click here]

There is only one trademark for “Heavy Hitter” in the Legal Services goods and services area. And it is clearly owned by Group Matrix; take a look at the second page of this U.S. Patent and Trademark listing, showing examples of the use of the name ‘Heavy Hitters’ in commerce – it is a CD or DVD containing ‘Heavy Hitter’ commercials and it has the ‘Group Matrix’ logo on the top of the CD/DVD. It appears [Group Matrix] holds the rights to the title ‘Heavy Hitter’.

So this means that lawyers all over Vegas can dream of one day moving to another city and becoming just liek Glen Lerner!

[Thanks to William for the tip]

Justice Injury Lawyers = Mainor Eglet Cottle

I've put up a couple of complimentary posts about Mainor Eglet Cottle this week because of their aggressive work on the Endoscopy Center case. In response to the posts, I received a few emails, suggesting Mainor Eglet Cottle doesn't deserve the white hat I was fitting them for.

Apparently, it is a well known secret in the Vegas community that the personal injury firm Justice Injury Lawyers (the one with these obnoxious ads) is really a seperate business front for Mainor Eglet Cottle. I guess the thinking is Mainor Eglet doesn't want to be considered an ambulance-chasing firm, although they want the ambulance-chasing income.

Makes sense. Mainor Eglet wouldn't want to smudge the good name of the Johnnie Cochrane firm. Wait, um . . . did Johnnie Cochrane have a good name?

Thurs Roundup

Up in Reno, crusading "tax the casinos" attorney Kermitt Waters has filed suit in federal court in an attempt to get his casino tax petition on the 2008 Nevada ballot (Review-Journal)

Murder for hire requested by the victim due to his fatal illness? Was the victim even sick? Yes, says killer; No says family. (Review-Journal)

The Henderson police are at it again. This time, a federal agent is the one filing a lawsuit against the city's police, alleging they beat him in 2007. (Review-Journal)

Meanwhile, reports try to explain the psychology of how all the doctors and nurses at Endoscopy Center could stay silent and not report that needles were being reused. (Las Vegas Sun) And, Dr. Desai's public statement has gone out, in which he explains that he shares the community's sorrow, but that all charges against him are unfounded and he looks forward to receiving due process. (PR Newswire)

And in Lake Tahoe news, a federal lawsuit has been filed, challenging the punch card requirement for beach access as being violative of the First and Fourteenth Amendments of the U.S. Constitution (Nevada Appeal)

Govt.'s Closing Argument in Gage Trial: new Plaintiff's attorneys to be indicted?

The Review-Journal has an interesting editorial today discussing the government's summation in the criminal trial of Noel Gage:

Mine was the best seat in the courtroom during closing arguments in Noel Gage's conspiracy and fraud trial Tuesday. Perched next to attorneys Robert Eglet (pictured left) and Robert Vannah (two targets in the investigation), I observed their reactions to having their names bandied about by a federal prosecutor who was quite aware of their presence.
. . .

It's no secret Vannah (pictured left)and Eglet are near the top of the government's list of potential grand jury targets, although the first to be indicted was Awand. He's scheduled for trial in the fall, but even defense attorneys were speculating he'll try to plea bargain if Gage is convicted on charges of conspiracy, mail fraud and wire fraud. (I think the best Gage can hope for is a hung jury.)
. . .

The conspiracy, as outlined by prosecutors Steve Myhre and Schiess, was that Awand, a medical consultant, referred personal injury cases to certain agreeable attorneys, and in exchange, he received kickbacks out of the settlements, although the clients didn't know that. Awand's boys also included a crew of doctors, who would work cases in the courtroom, providing false testimony to help drive up the costs to the insurance companies, the prosecutors said.

"The lifeblood of this network is referrals," Myhre argued. "If doctors
are sending you patients, you are not going to sue them."

More Plaintiff's attorneys going down for corrupt practices? Say it ain't so, Mr. Vannah; Mr. Eglet! I guess we'll have to see what happens to Gage to find out whether Vegas attorneys are untouchable.


It's sad, isn't it that no one in state government was willing to take on these practices? One need not look further than the general inaction of our state government to show the necessity of federal intervention.

Tort Reform

The conservative San Francisco group Pacific Research Institute ranked Nevada 36th in the nation for tort costs and litigation risks. (Review-Journal) In other words, the tort reform movement to limit jury awards for medical malpractice, products liability, and other tort claims has pretty much succeeded in Nevada.

I bet the victims of Endoscopy Center of Southern Nevada are proud that the free market for medical services will not be hampered by their pesky request for compensation from having to live the rest of their lives with Hep-C. It's a shame they caught the disease from medical malpractice, but you know, Nevada voters believe the free market is more important.

Good foresight on that vote, citizens of Nevada!

On a side note, the doctor who ran Endoscopy Center, Dr. Desai, was a major force in pushing through tort reform in Nevada. Good job Dr. Desai! You protected your assets. Hope that helps you in prison.

The "Real" Heavy Hitter?

Is Lerner the real Heavy Hitter? Compare the two commercials posted below. One from Lerner in 2007. The other from the "Heavy Hitters" of Upstate New York with a very familiar jingle to Vegas Valley television watchers.

The Original Heavy Hitter?

Here's Lerner's version. Who does a better job at being a blowhard? The NY or Vegas Heavy Hitter? Compare with the video below and decide.

Upstate New York "Heavy Hitters"

Does Lerner have some involvement with these guys? It would make sense given his ridiculous east coast accent.

Heavy Hitter Update

For those of you waiting in suspense to see whether the 4 ft 10" Heavy Hitter, Glen Lerner, will be disbarred or incarcerated for failing to show up at the first day of his client's murder trial, the action picks up again this week.

Lerner has been ordered by Judge Leavitt to show up in court this week and explain his absence.

The Review-Journal reports:

Deputy Public Defender Tim O'Brien said Tuesday that he will issue a subpoena to Lerner ordering him to appear in court on March 25. O'Brien, who now represents Lino, said Lerner provided inadequate representation during the July 2007 hearing by not cross-examining prosecution witnesses.

O'Brien is asking District Judge Michelle Leavitt for a new preliminary hearing. "Counsel's performance here was ineffectual," he said during a Tuesday hearing.

Judges Leavitt confirmed that Lerner would appear this week to give an explanation and asked if O'Brien wanted that information so he would know where to serve Lerner with the subpoena. O'Brien agreed, noting:

"It's hard to track down a rock star," O'Brien said.

I think the Heavy Hitter should try his trademark hard negotiation style with Judge Leavitt. For example, he could argue "Listen judge, I wasn't here and I didn't need to be. That's all I'm gonna say, except being a rockstar is hard." I'm sure that will work.

Vegas doctors: always providing fodder for the blog

The Review-Journal reports that while the soon to be destitute and/or incarcerated Dr. Desai (who owned/managed the Hep-C sharing clinic Endoscopy Center of Southern Nevada) sat on the Nevada Board of Medical Examiners, several reports were made to the Board about unsafe practices at Vegas clinics. Attorney Robert Eglet (of Mainor Eglet Cottle) said yesterday that the complaints were never investigated and the reporting doctors were encouraged to leave Nevada. (Review-Journal).

Meanwhile, the Gastrointestinal Diagnostic Clinic is attempted to cover itself by firing one of its doctors who has admitted he reused needles while treating patients at the clinic. (Review-Journal)

And, if you were concerned that maybe Endoscopy Center was unfairly getting a bad name over the minor issue of handing out Hep-C and HIV to unknowing patients, the Center is being sued for failing to recognize the clear signs of colon cancer in a patient. (Las Vegas Sun) [No wonder Dr. Desai was reluctant to close the clinics. With such a superior level of medical care being given, Vegas would suffer if Endoscopy closed its doors]

In Carson City, regulators appear to have not listened to Gov. Gibbons' pronouncement that inspection of medical clinics wouldn't help keep the clinics from reusing needles (Nevada Appeal)

Tues Round Up (oh what a day--murder for a camaro, and more)

In Fernley, a woman is alleged to have asked a family member to kill her ex-boyfriend in exchange for some marijuana and a Camaro (Nevada Appeal) [hmm . . . could be a good deal. What year was the Camaro?]

Up in Carson City, where in the past week adults have been arrested for spatula-spanking and children have been arrested for assault with a beer can, a man was arrested for disciplining his child with a belt (Nevada Appeal)



The Nevada Supremes overturned Judge Gates on an ineffective assistance of counsel case yesterday, holding that a criminal defendant received effective counsel even though his attorney failed to investigate any alibi witnesses (Las Vegas Sun)



Las Vegas police came to the rescue yesterday, saving downtown from a briefcase, which they exploded (just in case). (Review-Journal) [anyone doubt Vegas is the greatest city in the world, show them this story. Even our cops have showmanship]

Gage update: the case of the slippery Plaintiff's attorney

In Federal Court yesterday, Judge Quackenbush dismissed 13 of the 19 criminal charges against personal injury attorney Noel Gage, "telling the prosecution it failed to present adequate evidence to allow jurors to consider convicting the 69-year-old defendant."

The Review-Journal reports:

Senior U.S. District Judge Justin Quackenbush tossed 13 of 19 counts that Gage faced. Most of those counts related to Gage's dealings with the family of Carlos Pachas, who underwent kidney surgery and emerged from the operating room
in a permanent vegetative state.
. . .

According to the government, Gage paid Awand $780,000 from the settlement, disguising the payment as a contingency fee when it was actually a kickback for referring the lucrative case to Gage. Pachas' family was unaware of Awand's involvement or the payment.

Judge Quackenbush indicated Gage's actions should be of interest to the Nevada State Bar and that he was "offended by the conduct," adding that he can't imagine anyone in the Vegas valley isn't shocked by the conduct of its medical and legal community. But the slippery Mr. Gage is not out of the water yet, and may want to take a plea:

The six remaining charges are related to Melodie Simon, a former Olympian who
underwent routine back surgery in 2001 and became paralyzed after internal bleeding caused nerves to push up against her spine. Experts said Dr. Mark Kabins, who performed the surgery with Dr. John Thalgott, should have responded immediately to the bleeding, which could have prevented Simon's paralysis.

The government said nearly 11 hours passed between the time Simon complained of a severe headache and when Kabins performed emergency surgery.

Assistant U.S. Attorney Daniel Schiess told jurors that Gage never diligently pursued medical malpractice lawsuits against Kabins and Thalgott because they belonged to Awand's network of doctors who agreed to lie on the stand during trials to secure more lucrative settlements for Awand's attorneys' clients. That translated into more money for all the players, Schiess said.

Thank goodness for Vegas doctors standing up and refusing to comply with such corrupt and dubious legal practices. We can all rest safe knowing Vegas doctors aren't here simply to make a profit at our expense. They really want to provide care for us and protect us from any medical scams that might harm us . . .

Wait . . . um . . .

No, the opposite of what I just said.

Mon-Tues Roundup

The Nevada Judicial Discipline Committee may be choosing to discipline judges out of the public's view for inappropriate actions (Review-Journal) [wait, private reprimands for Judges? Why didn't Halverson get that? It would have saved this state's legal community about 6 months of embarrassment]

Endoscopy Center News:

Things aren't looking good for Endoscopy Center of Southern Nevada. Yesterday, Gov. Jim Gibbons suggested he would support criminal charges against the Endoscopy staff if they "knowingly endangered lives of people." (Review-Journal) Meanwhile, former patients are worried about getting access to their records. (Review-Journal).

And, over at the Gastroenterology Center of Nevada, the FBI, Vegas police, and Attorney General served search warrants after one of Gastoenterology Center's doctors admitted to using Endoscopy procedures with his anesthetic needles. (Las Vegas Sun) [Lawyers, are you feeling better about yourselves, yet? Apparently, doctors are one rung below you on the public disgust scale]. But it's not all dark clouds for Vegas doctors, Gov. Gibbons also announced yesterday that increased regulation and inspection of Nevada medical clinics is not the answer. (Nevada Appeal) [So, doctors, don't violate state regulation, don't infect your patients with Hep-C and HIV, but the state won't really check up on you, so please be good. It's a solid policy that's worked so far, right?]

Prostitution charges were dismissed against former NFL linebacker Richard Siegler (CBS)

The Nevada Supreme Court denied a request to review the state's lethal injection protocol (Nevada Appeal)

The DEA and other law enforcement agencies are sitting down with Vegas club owners this week (Las Vegas Sun) [Wow, that would be a fun conversation: "Ok club owners, you may not know this but the use of cocaine and refusing to pay any taxes on compensation for labor is illegal. Also, none of you should ever hire Paris Hilton. She should be illegal."]

Out east, the Ultimate Fighting Championship is applying to legalize mixed martial arts fighting as a sport in New York (NY Times)

The Nevada Supremes decided a local chapter of a union may withdraw from membership in the statewide union (Reno Gazette-Journal)

Finally, Nevada can breathe easier now that Public Enemy No. 1 "Girls Gone Wild" founder Joe Francis has relocated from a Nevada prison to a soon-to-be long stay in a Florida prison for the filming of underage girls (People)

Casinos negligent for not stopping gambling attorney?

An attorney who's lost over $1 million to the MGM Grand and several Atlantic City casinos has filed a lawsuit in Federal Court against the casinos. Arelia Margarita Taveras, a lawyer and TV commentator, filed the $20 million racketeering lawsuit against six casinos claiming they had a duty to stop her from gambling.

The Philadelphia Inquirer reports:

Arelia Margarita Taveras says her gambling began to spin out of control. She would go days at the tables without food or sleep, cleaning her teeth with disposable wipes so she didn't have to leave the table and sometimes passing out. She says her losses totaled nearly $1 million.

Now she's chasing the longest of long shots: a $20 million racketeering lawsuit against six casinos in Atlantic City and one in Las Vegas, contending they had a duty to notice her gambling compulsion and cut her off.

Her losses:

She lost her law practice, her apartment and her parents' home, and still owes the IRS $58,000. She said she even had considered swerving into oncoming traffic to kill herself.

Taveras admitted in interviews that she had dipped into escrow accounts she maintained for clients to pay for her gambling. She was disbarred in June, and faces criminal charges stemming from those actions, but is trying to work out restitution agreements to avoid prison.

It's all very dramatic, but convincing a judge that casinos have a duty to prevent customers from gambling when the customer is an addict is going to be a hard sell. The lawsuit names Resorts Atlantic City, the Trump Plaza Hotel & Casino, the Trump Taj Mahal Casino Resort, the Tropicana Casino Resort, the Showboat Casino Hotel, Bally's Atlantic City, and, in Las Vegas, the MGM Grand Hotel & Casino.

Weekend Roundup

Looks like other Nevada health clinics are soon to be sued for their reuse of needles. (Review-Jounral)

In the over-protective father category: a Carson City man threatened to kill his girlfriend if she kept smoking while pregnant. (Nevada Appeal) [seems like the cigarette companies should have that on the warning label: "Warning: smoking while pregnant may cause birth defects and can lead to death threats from your boyfriend"].

Carson City sounds like fun. In addition to the death threats, a man was arrested over the weekend for throwing a beer at his father after his dad accused him of being an alcoholic. (Nevada Appeal)

Up in Reno, Pharmaceutical giant Wyeth is appealing a $58 million judgment that one of its drugs gave three Nevada women breast cancer (Review-Journal) [ok, $58 million sounds a little high, until you read that Judge Perry cut the award the jury originally awarded: $134 million. Sounds like a risky appeal]

O.J. trial [pt 2] is delayed until September. (AP) [yawn. at this rate O.J. will have to go out and kill someone to stay relevant . . . oops, I mean (allegedly) kill someone then write a book about how he did it (hypothetically) and try to profit off his ex-murder]

A trial date has been set for former Miss Nevada Katie Rees on the charges of speeding, driving with a suspended license, operating a motor vehicle with suspended license plates, failure to produce proof of insurance and resisting a police officer. (Fox News)

Big client for Lewis Brisbois Bisgaard & Smith LLP

Congratulations to Lewis Brisbois Bisgaard & Smith LLP. They landed Endoscopy Center of Southern Nevada as a client and will be defending the business from potentially thousands of Defendants who [allegedly] were exposed to HIV and Hep-C by the clinic.

While their client may have single-handedly ruined any impression that Nevada has decent physicians and made all Vegas medical patients scared of getting AIDS from a physical, it's still a huge score for the firm.

O.J. Update

The Juice is still on the loose, but today Judge Glass "ruled there is enough evidence to present the facts of the alleged kidnapping and robbery to a jury. Therefore, the judge denied Mr. Simpson’s writ requesting that the charges of kidnapping and robbery be dismissed." (lvcourtsblog)

NV Supremes refuse to reinstate lawyer to NV Bar

In shocking news to the entire Silver State, apparently the Nevada Supreme Court will actually prevent some attorneys from practicing here on an ethical basis [quick, someone warn the Heavy Hitter].

The Review-Journal reports:

The state Supreme Court refused Thursday to reinstate former Las Vegas lawyer J. Michael Schaefer, who was disbarred in 2001.

Justices, in a 5-0 vote, said Schaefer failed to prove by clear and convincing evidence that he has the proper "moral qualification" to be reinstated to practice law. They said he should address his financial and gambling issues in any future attempt to win reinstatement. Schaefer was disbarred for multiple violations of court rules.

He might be best known for making more than a dozen unsuccessful attempts to win public office in Nevada. He twice won seats on the San Diego City Council before moving to the Silver State.

John Michael Schaefer is the same attorney who ran simultaneously for a position as public administrator in Clark County and for a position in Congress for Arizona, all while living in Las Vegas.

Nevada requires attorneys to have ethics? When did this start? Oh, wait, does ethics meaning paying the proper amount to the judicial election fund before you appear in front of them?

Fri Round Up

Judge Glass will decide today whether to bi-furcate O.J.'s trial and whether the charges should be dropped against the Juice. (ABC News) Schedule for the hearing available on LV Courts website.

And in UNLV-alumni news: UNLV grad and former professional baseball player Matt Williams was called to testify in the wiretapping case against Anthony Pellicano. Pellicano apparently offer to wiretap the phone of Williams' ex-wife (Review-Journal)

Up in Reno, Federal Judge Brian Sandoval refused to let "Girls Gone Wild" creator Joe Francis to be released from a Nevada jail without being sent back to Florida on charges he filmed underage girls topless (Review-Journal) [Is there no decency left in this country? Why must we persecute the poor Girls Gone Wild guy?]

And in Vegas Federal Court, Judge Phillip Pro declared a mistrial for the third time in the federal methamphetamine distribution trial of Anthony Eppolito and Guido Bravatti. This time, the mistrial was declared when a government referred "to a potentially prejudicial conversation he had at a restaurant with Louis Eppolito and Caracappa just before phoning Bravatti to set up what the government argues was a drug transaction." (Review-Journal)

Spatula Child Abuse

A Carson City man was arrested on Wednesday for disciplining his girlfriend's children with a spatula.

Nevada Appeal reports:

Cameron Jackson, 36, was booked into the Carson City Jail at 5:29 p.m. on suspicion of two felony counts of child abuse.

According to police reports, in October the girls' grandmother reported to police that her grandchildren had bruises on them from Jackson. The woman's 7-year-old granddaughter told police that she saw Jackson use a black spatula to spank her 3-year-old and 4-year-old sisters for not cleaning their room. The 7-year-old said she escaped the spankings because she was doing homework.

According to the report, bruises on the girls' bodies were in the shape of
a spatula. The girls' mother denied any abuse.

Child abuse is never funny [unless there's a spatula involved]. Seriously though, child abuse for a spanking? I know the spatula is odd [really odd], but spanking for discipline is now child abuse?

Thurs Round Up (everything legal that's not about HIV and Hep-C in Nevada)

The ACLU is suing the Nevada Dept. of Corrections over the conditions at Ely State prison and prison doctors' refusal to treat inmates (Review-Journal)

An ethics complaint has been filed against State Senator Warren Hardy (R-Las Vegas), alleging that the Senator voted on measures that materially benefitted his employer (Fox 5 News)

Personal Injury lawyers get to wear the white hat

Okay, generally this blog, and most everyone on the planet give personal injury lawyers a hard time for being crass ambulance-chasing opportunists; some of whom provide half-assed service to their injured clients because they maintain such a high caseload in order to increase their profits.

That said, with Endoscopy Center of Southern Nevada taking on the role of dastardly villain for potentially spreading Hep-C/HIV to 40,000 Vegas residents, the PI lawyers are coming to the rescue. The Review-Journal reports:

Just as local trial attorneys begin preparing massive class-action cases against the Endoscopy Center of Southern Nevada, they're running into a potentially big roadblock: a $350,000 state cap on emotional damages in medical-malpractice lawsuits.

The limit applies to compensation for pain and suffering, but it places no restrictions on damages related to medical care, lost wages, living expenses and other direct costs. Now, lawyers are looking for ways around the pain-and-suffering cap, which Nevada voters approved in a 2004 ballot question.

Robert Eglet, a senior partner at Mainor Eglet Cottle, said his law firm filed several types of claims in two class actions on Monday and Tuesday, as well as a civil case on Wednesday. On top of medical malpractice, Eglet's clients are suing the clinic's operators for fraud, civil conspiracy and negligent hiring, training and supervision. Eglet and other attorneys also are suing for product liability.

Pretty inventive lawyering to get around the $350k Nevada emotional damages cap:

A civil-conspiracy case Eglet filed Wednesday includes not just the center's doctors, but also its nurses, physicians' assistants and sister companies. The idea: If lawyers can move claims beyond malpractice alone, they can seek pain-and-suffering damages well beyond the $350,000 cap.

Eglet acknowledged that attempts to avoid the ceiling on emotional damages will be an "uphill battle," but he said justice for his clients demanded the effort.

It's a good case for the PI firms. Not many people are going to feel sorry for Endoscopy Center of Southern Nevada. Good job PI attorneys. Live it up before public sentiment returns to the idea that you're just a little higher on the scum chain than used car salesmen.

Halverson update

And there will finally be a public hearing for the most absurd judge to ever sit on the Nevada bench.

The Review-Journal reports:

The state Judicial Discipline Commission has scheduled a hearing for April into allegations that Clark County District Judge Elizabeth Halverson slept during trials, mistreated staff members and held illegal communications with jurors. The hearing is to start April 14 and last five days. It will be held in Las Vegas, but a location has not been chosen yet.

Thankfully Judge Halverson has several attorneys defending her in this hearing. Too bad they may never get paid. Halverson's attorney in her seperate civil suit quit since he's never been paid for his work. Maybe she'll pay her defense counsel in foot rubs.

Medical Special Round Up

Doctors seem to be making all the legal news in Nevada lately. Whether they're handing out HIV to unsuspecting patients or handing out prescriptions to pain killers on demand, Vegas doctors always make for a good time.

So, today we present the medical special round up:

First, the jury is out in the criminal trial of Dr. Bass. According to the Review-Journal, Dr. Bass made house calls to homes and hotel rooms, sometimes selling "several hundred doses of painkillers such as Vicodin or Lortab from his mobile pharmacy." The RJ reports:

Bass is now on trial for second-degree murder and illegally selling controlled substances. Prosecutors say Bass is responsible for the death of 38-year-old Gina Micali, who overdosed in October 2005 on pain relievers Bass illegally sold her.

In Federal Court, admittedly crooked Dr. Venger's wife took the stand yesterday and testified that Noel Gage threatened to ruin her husband if he didn't give the Gage & Gage personal injury firm quick access to his clinic.

Meanwhile, the clinic that gave Vegas its newest black eye, Endoscopy Center of Southern Nevada, has closed its doors after putting 40,000 residents at risk for contracting Hep-C and HIV. Don't worry though, state officials have answered public concerns by urging patients to ask basic safety questions to their doctor before receiving treatment.

[Great advice. That will solve everything. "Yes, doctor. I would like a flu shot, but first: is that a new needle? are you reusing cotton balls that you used to diagnose someone with HIV? has your nurse washed his hands since taking the temperature of that guy with Hep-C before me?" Nevada officials--they're on the ball.]

But just to make sure the doctors don't steal the limelight for most arrogant negligent assholes in Vegas, the lawyers stepped up the plate. An editorial in the Review-Journal claims the real problem here is that Nevada voters limited the amount a victim can recover for medical malpractice.

Ok, so maybe that is a valid policy concern and Vegas lawyers aren't worse than Vegas doctors, but wait . . . the Las Vegas Sun reports:

As if the airwaves weren’t already saturated with commercials for personal injury lawyers, last week’s revelation of a potential hepatitis outbreak immediately prompted many of them to bombard the public with bold advertisements whose blood-red message is: You may be at risk! . . .

In the latest case, “these people did nothing wrong and now they’ve been exposed to potentially lethal diseases,” said Las Vegas attorney Francis Churchill, who is promoting his firm as an option on craigslist.com. “At some point, the court will appoint a lead counsel ... and the attorneys will come together and work on it.”

Ah, lawyers working for the public good. And thank god for those informative public service messages they are splashing on tv with the blood-red message "You may be at risk!" How selfless of the Vegas personal injury attorneys.

Wed Round Up

NW group home shut down because residents wander around the neighborhood, fight, and set fires. Lawyer to appeal. (Review-Journal)

An editorial in the Review-Journal debates the merits of amending the petition rules for state ballot measures (Review-Journal) [gotta love procedural stories. so dry, so dry]

Crazier than crazy Darren Mack gets another hearing over whether he can withdraw his guilty plea (Reno Gazette-Journal)

In a stunning ruling, the Nevada Supreme Court refuses to overturn lower court verdict that stealing your boyfriend's silver fortune with a conspirator constitutes larceny and burglary (Nevada Appeal) [who would have guessed that when you steal something you can be convicted for a theft crime?]