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The Common Scold



The Common Scold is named after a cause of action that originated in Pilgrim days, when meddlesome, argumentative, opinionated women who displeased the Puritan elders were punished by a brisk dunk in the local pond. Believe it or not, the tort lasted until 1972, when State v. Palendrano, 120 N.J. Super. 336, 293 A.2d 747 (N.J.Super.L., Jul 13, 1972) pretty much put it to rest. But the thought of those feisty women, not afraid of a little cold water, has always cheered me up and inspired me. I first used the moniker as the name of my humor column at the University of San Francisco School of Law many moons ago, and revive it now for this blawg!


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PERELMAN GETS $604.3 MILLION

MoneyMatthew McCarrick at Litigation IT Solutions tipped us off to the jury verdict handed down just hours ago, awarding billionaire financier Ron Perelman $604.3 million in compensatory damages. See the story in BusinessWeek here. Morgan Stanley's retail brokerage unit was destroyed in the 9/11 attacks on the World Trade Center, and the company subsequently used this to argue that it couldn't produce certain e-mail evidence in several arbitration cases, regulatory settlements and legal judgements, according to this story.

But an internal review of e-mail retention related to the fraud case Perelman brought against Morgan Stanley revealed that the e-mails were discoverable. Florida state judge Elizabeth Maass told the jury to assume that "Morgan Stanley participated in a "massive fraud" [...] because it failed to search backup tapes and review e-mails dating back to 1998." As McCarrick points out, the case nearly settled for $20 million before the e-mail debacle.

                        -John Bringardner

Update: Here's McCarrick's take on this. And Lisa Stone's take.

May 16, 2005 | Permalink

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» Backstory on a $604 million verdict: Morgan Stanley's e-mail debacle from Inside Opinions: Legal Blogs
I opened Jill Barton's story this morning to see that Morgan Stanley's attorneys are already swiping at the trial judge, Elizabeth Maass, accusing her of issuing a default verdict. Yesterday, Ron Perelman won $604 million in compensatory damages from the [Read More]

Tracked on May 17, 2005 4:40:46 PM

» Coleman v. Morgan Stanley from Overlawyered
Financier Ronald Perelman wins $604 million, with a request for punitive damages still to come, against Morgan Stanley on claims that the Wall Street firm defrauded him seven years ago when he sold camping equipment... [Read More]

Tracked on May 18, 2005 12:34:42 AM

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Finding sites with keyphrase "Add link" divorce law1 http://www.nysdivorcelawyer.net/add_link.htmPageRank... [Read More]

Tracked on Sep 9, 2005 10:00:04 AM

» Coleman v. Morgan Stanley from Overlawyered
Financier Ronald Perelman wins $604 million, with a request for punitive damages still to come, against Morgan Stanley on claims that the Wall Street firm defrauded him seven years ago when he sold camping equipment... [Read More]

Tracked on Mar 22, 2007 9:49:53 AM

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