David Lat Profile picture
Mar 24 4 tweets 2 min read
To anyone who has been following the #gwynethpaltrowskicrashcase more closely than I have, can you explain to me:

Why the heck didn't this settle?

The plaintiff seeks $300K. Gwyneth can sell enough "Smells Like My Orgasm Candles" ($75) to cover that.
2/ More than 95% of civil cases settle.

@GwynethPaltrow is presumably (a) rich & (b) averse to bad publicity.

When a case does go to trial, there's usually a reason (e.g., grudge match, no middle ground, etc.).

Why this can't be solved for $300K (or less)?
3/ I can see @CecereCarl's point as to, say, large companies and patent trolls.

But I can't imagine Paltrow is sued THAT often (or any more often than a comparable celeb).

And it's undisputed that an accident did happen.

4/ Going to @howellsacto's point, do any insurance lawyers have thoughts?

Whose decision was it to go to trial?

Can the insured settle over the insurer's objection if willing to pay?

(I know nothing of these matters.)

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More from @DavidLat

Mar 23
1/ 🧵Judge Allison Burroughs (D. Mass.) said it was "greedy" of @JeannieSGersen to push for greater disclosure of sealed portions of the trial-court record in the @Harvard affirmative-action case.
2/ But as @JeannieSGersen writes in her @NewYorker piece, "it is not greedy for the public to expect the transparency on which the courts’ legitimacy depends."

3/ The need for greater transparency applies to both the judicial proceedings in the Harvard case and the underlying admissions process at issue in the litigation (now before #SCOTUS).

Read 4 tweets
Mar 23
1/ 🧵I think @lawprofblawg’s proposal (part of a longer thread, click below to read it in full) is a fine idea.👇

Having more leftist speakers at law schools would underscore that free-speech principles protect all speech; this isn’t a partisan issue.
2/ One issue is @FedSoc has much more money than @acslaw or @NLGnews, so it can invite more speakers.

I wonder why some left-of-center billionaire doesn’t come forward to fund an organization focused on promoting progressive ideas in the legal world.
3/ I think one lesson that can be derived from @FedSoc is that because the law touches so many areas of public life, “investing” in moving the law can generate outsized returns—there’s a multiplier effect.
Read 5 tweets
Mar 22
1/ As I mentioned earlier (via various retweets), here's the 10-page memo from Stanford Law Dean Jenny Martinez about the recent protest of Judge Kyle Duncan at @StanfordLaw and its aftermath.

stanford.io/3LI4I3O
2/ Today I have a podcast episode to post at Original Jurisdiction (with the wonderful @SonyaOldsSom), but I plan to write about Dean Martinez's memo for tomorrow or Friday.

I welcome your thoughts (anonymous if you like): davidlat at substack dot com. Thx!
3/ I reached out to Judge Kyle Duncan for comment on Dean Martinez's memo.

Judge Duncan said he hasn't had the chance to review yet, but will likely address in his Friday talk at @NotreDame (which will be livestreamed):

bit.ly/3ZdOsKZ
Read 14 tweets
Mar 11
1/ 🧵If you are willing to get down into the weeds, here is my deep dive into the disruptive protest of Fifth Circuit Judge Kyle Duncan at Stanford Law School (originally reported on by @EdWhelanEPPC).

bit.ly/42606dy
2/ I published it just in time to include @StanfordLaw Dean Jenny Martinez's statement.

I just updated the post to (a) add links to stories from @aaronsibarium and @nateraymond, and (b) add reactions to Dean Martinez's statement from my SLS sources.
3/ For a more critical take on Dean Martinez's statement, see this thread from @EdWhelanEPPC.

Read 5 tweets
Mar 10
1/ 🧵I’m interrupting my vacation to investigate the free-speech debacle at @StanfordLaw involving Judge Kyle Duncan (5th Cir.). This thread from @EdWhelanEPPC is accurate (but I have additional info).👇
2/ Defenders of the Stanford Law protesters might quibble over whether the event was completely shut down (a la @ishapiro at Hastings), since Judge Duncan managed to get out a few words. But the event ended 40 minutes early after proceeding became impossible.
3/ More to come in a story for Original Jurisdiction. Please email me at davidlat@substack.com or DM me on Twitter if you have information to share. Thanks.

davidlat.substack.com
Read 9 tweets
Jan 30
1/ 🧵I have an op-ed in today's Boston Globe discussing the value of ideological diversity in Biglaw. But my points are not limited to the world of large law firms; they apply across employers.

bit.ly/3Y5X3PS @GlobeOpinion
2/ In this thread, I'm going to offer some preemptive responses to common reactions to my piece (as reflected in, for example, the Globe comments section).
3/ Yes, I realize this is not the gravest problem facing the world today or some existential crisis for humanity.

This just happens to be what I have expertise in—Biglaw and free-speech issues—and what @GlobeOpinion commissioned me to write about.
Read 21 tweets

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