Jump to content

Wikipedia talk:WikiProject Law

Page contents not supported in other languages.
From Wikipedia, the free encyclopedia

This is an old revision of this page, as edited by Minor4th (talk | contribs) at 22:30, 3 December 2019 (Undid revision 929139322 by Minor4th (talk)). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

Template:Outline of knowledge coverage

WikiProject iconLaw Project‑class
WikiProject iconThis page is within the scope of WikiProject Law, an attempt at providing a comprehensive, standardised, pan-jurisdictional and up-to-date resource for the legal field and the subjects encompassed by it.
ProjectThis page does not require a rating on Wikipedia's content assessment scale.

Notable cases evaluation

Hi. I kindly ask you to evaluate edits to William T. Reid IV article (Reid is a co-founder of Reid Collins & Tsai) made by Melcous - who removed the whole section of “Notable cases” - answering 3 questions:

  1. Do you feel that "Notable cases" in this article provides value to Wikipedia users and should be kept?
  2. If “Yes”, does it need any changes?
  3. If “No”, why?

I would specifically value comments from User:7&6=thirteen, Mendaliv and BD2412, who commented on the of Reid Collins & Tsai article and know the subject well.

Author’s point of view

I have created this article as a paid editor. Prior to writing it I’ve checked some other articles about lawyers and noticed that some of the bigger ones (that go beyond stab or minimal information) have a separate section named “Notable cases”. Some examples are David Boies, Brendan Sullivan, Dean Pregerson, Alex Kozinski, Charles Antone Horsky, Martin W. Littleton, Tom Rickhoff, Adam Loewy, Chris Hansen (attorney), C. Vernon Mason, John J. Duffy Jr., Deepak Gupta (attorney), Ron Kuby, Michael Tigar, Yale Galanter, Michael W. McConnell, but there are much more. By the way, I noticed that this part is mostly present at articles about judges. Of course, I am aware of WP:OSE, just highlighting here that some articles about lawyers have this part, while others don’t.

Working on this part I selected only the cases that have big scale or some importance for the law field (InverWorld case is mention in the UN international law publication, Brack v. Omni Loan Co was featured in some books, City of San Antonio, et al. v. Hotels.com, L.P. is an important case of the taxing practices). Antonio de la Rúa agains Shakira is a bit of an exception here, but I kept it because it involved multiple jurisdictions and I thought it was a curious one.

Editor's point of view

The reasoning provided by the editor who deleted this part is this:

Anyway, the reason I removed it, as stated in the edit summary, is that this kind of information does not appear to me to be encyclopedic. It is verging on both promotional and resume-like. There is already a career section which includes a few of the cases he has worked on in order to establish his notability. This is an encyclopedic biography but it is not a 'who's who' article on a lawyer - listing cases like this seems to suggest someone is wanting this article to serve another purpose, which when combined with paid editing doesn't sit well with me.

The text in question

  • In 2009, Reid got involved in an almost decade-long legal clash between San Antonio municipalities and a group of online hotel operations (mostly owned by Expedia, Inc.) that started in May 2006 when the city filed a putative statewide class action suit City of San Antonio, et al. v. Hotels.com, L.P., et al. SA06CA0381, stating that defendants had failed to pay to the city hotel accommodations taxes in full, as required by municipal ordinance.[17] These claims followed the same demands from the likes of Los Angeles in 2004, Chicago in 2005, and San Diego and Atlanta in 2006.[17] The case proceeded to trial on October 5, 2009.[18] On October 30, 2009, the jury awarded plaintiffs a total of $20.6 million in damages.[19] Reid tried the case with two lawyers from McKool Smith.[19][20][18]
  • In November 2012, Reid filed a $100 million lawsuit against Shakira on behalf of her former boyfriend and business partner Antonio de la Rúa in the New York Supreme Court, seeking to "recover damages" for breach of contract and of fiduciary duty.[21][22][23][24] The pop star claimed de la Rua had never been more than a boyfriend and an advisor and sought to have the lawsuit dismissed on the grounds that the New York County Supreme Court was not the proper venue.[25] On April 2013, de la Rua sued Shakira again under identical claims in the Los Angeles Superior Court.[25] However, an LA judge dismissed the lawsuit in early in August 2013 on forum non conveniens.[26] Previous attempts to sue Shakira in New York and Geneva also failed.[27][28]
  • In July 2013, Reid filed a lawsuit on behalf of Highland Capital Management against Credit Suisse for defrauding investors in the Lake Las Vegas development ( Claymore Holdings LLC vs. Credit Suisse. Case no. 13-07858, 12-19-14) in Dallas.[29][30] The case was heard before a jury in December 2014[31][32] and resulted in a $40 million award for the investors.[33][34][35] Internal emails of Credit Suisse executives presented during the trial exposed that they were fully aware of the fraud.[36][37][38][39] Following the trial, Reid sued Credit Suisse again in June 2015, demanding the rescission of Highland’s $250 million investment in a syndicated loan, along with fees and 8 years of pre-judgment interest (adding up to $376 million).[40] In September 2015, this case resulted in a $287.5 million judgment in favor of Highland’s Claymore Holdings.[41][42][43]

References

  1. ^ "Justice's probe of InverWorld given priority over civil case". Amarillo Globe-News. 1999-08-22. Archived from the original on 2018-01-16. Retrieved 2018-01-16.
  2. ^ "InverWorld, Inc". U.S. Securities and Exchange Commission. Archived from the original on 2017-05-06. Retrieved 2018-01-16.
  3. ^ Markham, Jerry W (2015). A Financial History of Modern U.S. Corporate Scandals: From Enron to Reform. Routledge. p. 25. ISBN 0-7656-1583-5. Retrieved 2018-01-16 – via Google Books.
  4. ^ a b c Joel Millman (2002-05-16). "Former Chairman of Inverworld Pleads Guilty in Ponzi Scheme". The Wall Street Journal. Archived from the original on 2018-01-16. Retrieved 2018-01-16.
  5. ^ George, James P.; Teller, Anna K. (2005). "Conflict of Laws". S.M.U. Law Review. 58: 691. Archived from the original on 2018-01-16. Retrieved 2018-01-16. {{cite journal}}: Cite has empty unknown parameter: |dead-url= (help)
  6. ^ a b "Annex I". UNCITRAL Practice Guide on Cross-border Insolvency Cooperation. United Nations Commission on International Trade Law. 2010. p. 122. ISBN 978-92-1-133688-7. Retrieved 2018-01-16 – via Google Books.
  7. ^ Cite error: The named reference dragon was invoked but never defined (see the help page).
  8. ^ a b "Arrestos en un caso de fraude a clientos de inversionistas latinos" [Arrested in a case of fraud to hundreds of Latino investors]. El Tiempo (in Spanish). 2001-04-05. Archived from the original on 2018-01-16. Retrieved 2018-01-16.
  9. ^ "InverWorld Charges Signal Hard Time for Plaintiffs". The Wall Street Journal. 2001-04-05. Archived from the original on 2018-01-16. Retrieved 2018-01-16.(subscription required)
  10. ^ a b Ammann, Daniel (2003-08-06). "«Nichts getan, um den Betrug zu stoppen»" ["Nothing done to stop the fraud"]. Die Weltwoche (in German). No. 32. Archived from the original on 2018-01-16. Retrieved 2018-01-16. If Reid were a class-action plaintiff looking for the quick buck, things could be easier for UBS. But as a former vice prosecutor and legal advisor to the officially appointed estate administrator, his word has a lot of weight. Last December, for example, he forced the law firm representing Inverworld into a settlement: it pledged to pay $24 million.
  11. ^ Gutierrez v. Deloitte & Touche, LLP, 147 F. Supp. 2d 584 (W.D. Tex. 2001-03-19).
  12. ^ Gutierrez v. the Cayman Islands Firm of Deloitte & Touche, 100 S.W.3d 261 (Tex. App. - San Antonio 2002-03-27).
  13. ^ Blackwell v. Deloitte & Touche, LLP (In re I.G. Services, Ltd.), 279 B.R. 818 (Bankr.W.D.Tex. 2002).
  14. ^ Brack v. Omni Loan Co., Ltd., 164 Cal. App. 4th 1312 (California courts of appeal 2008-06-17).
  15. ^ Slomanson, William (2011). Slomanson's California Civil Procedure in a Nutshell (4th ed.). West Academic. p. 96. ISBN 978-0314274427. Retrieved 2018-01-17 – via Google Books.
  16. ^ Kim, Nancy S. (2016). The Fundamentals of Contract Law and Clauses: A Practical Approach. Edward Elgar Publishing. pp. 75–77. ISBN 978-1-78347-943-6. Retrieved 2018-01-17 – via Google Books.
  17. ^ a b "Form 10-K for the fiscal year ended December 31, 2012, Expedia, Inc". U.S. Securities and Exchange Commission. 2012-12-31. Archived from the original on 2018-01-15. Retrieved 2018-01-15. {{cite web}}: |archive-date= / |archive-url= timestamp mismatch; 2018-01-16 suggested (help)
  18. ^ a b "City of San Antonio v. Hotels.com, L.P. No. 5-06-CV-381-OLG" (PDF). United States Government Publishing Office. 2017-04-17. Archived from the original (PDF) on 2018-01-17. Retrieved 2018-01-17.
  19. ^ a b Guillermo Contreras (2009-10-31). "City wins suit over hotel tax". San Antonio Express-News. Archived from the original on 2015-08-21. Retrieved 2018-01-17.
  20. ^ Guillermo Contreras (2009-10-06). "City takes on bookers of hotels". San Antonio Express-News. Archived from the original on 2018-01-17. Retrieved 2018-01-17.
  21. ^ Leila Cobo (2012-12-01). "Shakira Hit With $100 Million Lawsuit by Ex-Boyfriend". Billboard. Archived from the original on 2015-11-21. Retrieved 2018-01-19.
  22. ^ Josh Grossberg (2012-12-03). "Shakira Sued By Ex-Boyfriend for $100 Million". eonline.com. Archived from the original on 2013-05-18. Retrieved 2018-01-19.
  23. ^ "Shakira's ex-boyfriend files $100 million lawsuit against singer". CBS News. 2012-12-04. Archived from the original on 2017-09-23. Retrieved 2018-01-19.
  24. ^ "Shakira's Ex Antonio De la Rua Files Lawsuit Against Singer". Fox News. 2012-12-04. Archived from the original on 2017-09-23. Retrieved 2018-01-19.
  25. ^ a b Matt Toomb (2013-04-16). "Shakira's Ex Sues Again". entlawdigest.com. Archived from the original on 2013-05-12. Retrieved 2018-01-19.
  26. ^ Ann Oldenburg (2013-08-02). "Shakira wins another court victory against ex". USA Today. Archived from the original on 2018-01-19. Retrieved 2018-01-19.
  27. ^ Daren Gregorian (2013-04-17). "EXCLUSIVE: Shakira slams ex-boyfriend's $250M lawsuit claiming responsibility for her chart-topping hits, sexy image". New York Daily News. Archived from the original on 2015-10-23. Retrieved 2018-01-19.
  28. ^ "Court Dismisses Shakira Lawsuit Filed By Ex-Boyfriend". Associated Press. 2018-08-02. Archived from the original on 2018-01-19. Retrieved 2018-01-19 – via Billboard.
  29. ^ "$40,000,000 Verdict – Fraud – Inducement" (PDF). Texas Jury Verdict Review & Analysis. 6 (6): 2. Archived from the original (PDF) on 2018-01-23. Retrieved 2018-01-23. {{cite journal}}: Cite has empty unknown parameter: |dead-url= (help)
  30. ^ Jess Krochtengel (2013-07-17). "Credit Suisse, Highland Face Off Over RE Loan Trades". Law360. Retrieved 2018-01-19.(subscription required)
  31. ^ Cronin Fisk, Margaret; Korosec, Tom (2014-12-02). "Highland Seeks $250 Million From Credit Suisse in Trial". Bloomberg News. Archived from the original on 2015-05-30. Retrieved 2018-01-23.(subscription required)
  32. ^ Sean Lester (2014-12-03). "Dallas-based Highland Capital seeks $250 million from Credit Suisse for appraisal". The Dallas Morning News. Archived from the original on 2017-09-23. Retrieved 2018-01-23.
  33. ^ Patrick Fitzgerald (2014-12-19). "Jury Awards Highland Capital $40 Million in Suit Against Credit Suisse". The Wall Street Journal. Archived from the original on 2018-01-23. Retrieved 2018-01-23.
  34. ^ Kaja Whitehouse (2014-12-19). "Highland Capital wins $40M in suit vs. Credit Suisse". USA Today. Archived from the original on 2016-01-16. Retrieved 2018-01-23. William Reid, a lawyer for the Highland entity that sued Credit Suisse, said he will be asking the court for judgment for over $300 million in that case — thanks to the jury's finding on Friday "that Credit Suisse committed fraud."
  35. ^ Tom Hals (2014-12-19). "Jury faults Credit Suisse in Lake Las Vegas refinancing". Reuters. Archived from the original on 2018-01-23. Retrieved 2018-01-23. William Reid, Highland's outside counsel with Reid Collins & Tsai law firm, said the fund would seek $300 million in damages against the bank next year, when breach of contract claims go to trial.
  36. ^ Lance Murray (2014-12-03). "Old Credit Suisse emails playing pivotal part in Highland's $250M lawsuit". Dallas Business Journal. Archived from the original on 2018-01-23. Retrieved 2018-01-23.
  37. ^ Michelle Celarier (2014-12-03). "Hedge fund giant claims Suisse's appraisals full of holes". New York Post. Archived from the original on 2017-10-16. Retrieved 2018-01-23.
  38. ^ William D. Cohan (2016-06-23). "Credit Suisse Tries to Overhaul Its Image, but Problems Remain". The New York Times. Archived from the original on 2018-01-23. Retrieved 2018-01-23.
  39. ^ Cohan, William D. (2017). Why Wall Street Matters. Penguin UK. p. 96. ISBN 978-0-241-30963-6. Retrieved 2018-01-23 – via Google Books.
  40. ^ Jess Krochtengel (2015-06-09). "Highland Wants $376M From Credit Suisse For Land Deal". Law360. Retrieved 2018-01-23.(subscription required)
  41. ^ Joseph Checkler (2014-09-04). "Judge Orders Credit Suisse to Pay Highland $287.5 Million in Suit Over Loan". The Wall Street Journal. Archived from the original on 2015-09-05. Retrieved 2017-12-09.(subscription required)
  42. ^ Cronin Fisk, Margaret; Korosec, Tom (2015-09-05). "Credit Suisse Ordered to Pay Highland Capital $287.5 Million". Bloomberg News. Archived from the original on 2015-09-09. Retrieved 2017-12-09.(subscription required)
  43. ^ "Credit Suisse to pay $288 million in damages in Lake Las Vegas refinancing". Reuters. 2015-09-05. Archived from the original on 2018-01-23. Retrieved 2018-01-23.

Comments

Working on constitutional colorblindness for class assignment

Hello, working on assignment for [constitutional colorblindness], would like feedback. Thanks. ~Tjacobs23~

I've proposed moving Judiciary of the Republic of Ireland back to Courts of the Republic of Ireland, its old location. Talk page here. — Blue-Haired Lawyer t Today, 4:34 pm

Please comment on this RfC

Please see this RfC on whether the Alford plea justifies the "(criminal)" parenthetical disambiguator. Thanks, Dreamy Jazz 🎷 talk to me | my contributions

Nomination of Tools of trade for deletion

A discussion is taking place as to whether the article Tools of trade is suitable for inclusion in Wikipedia according to Wikipedia's policies and guidelines or whether it should be deleted.

The article will be discussed at Wikipedia:Articles for deletion/Tools of trade until a consensus is reached, and anyone, including you, is welcome to contribute to the discussion. The nomination will explain the policies and guidelines which are of concern. The discussion focuses on high-quality evidence and our policies and guidelines.

Users may edit the article during the discussion, including to improve the article to address concerns raised in the discussion. However, do not remove the article-for-deletion notice from the top of the article. Theprussian (talk) 14:05, 4 September 2019 (UTC)[reply]

Call for portal maintainers

Are there any editors from this WikiProject willing to maintain Portal:Law and the several other portals that fall within the scope of this WikiProject? The Portals guideline requires that portals be maintained, and as a result numerous portals have been recently been deleted via MfD largely because of lack of maintenance. Let me know either way, and thanks, UnitedStatesian (talk) 05:06, 6 September 2019 (UTC)[reply]

Request for comment on the Patient Protection and Affordable Care Act article

There is a request for comment on the Patient Protection and Affordable Care Act article. If you are interested, please participate at Talk:Patient Protection and Affordable Care Act § RfC: Recent additions. — Newslinger talk 06:02, 8 September 2019 (UTC)[reply]

Mary Kay Letourneau article. Call a matter a plea agreement? Probation? Parole? Suspended sentence that was unsuspended?

We need opinions on the following: Talk:Mary Kay Letourneau#suspended prison term. It concerns what terminology to use, given the sources. Flyer22 Reborn (talk) 03:45, 10 September 2019 (UTC)[reply]

Outline Portal WikiProject

User:BD2412, or anyone,

How would you compare and contrast:

(1) Outline of law
(2) Portal:Law
(3) Wikipedia:WikiProject Law
(4) category:Law
(5) Law
(6) Template:Law

With regards to purpose, value to readers, value to editors, and maintenance cost, etc? —SmokeyJoe (talk) 00:12, 29 September 2019 (UTC)[reply]

The topical problem is portals. For me, (2) attempts to look like the quality of (5) but fails hugely on quality. For navigation, it is very poor compared to (4) & (6), and (5) noting that (5) includes (6) and a link to (4). Does (1) do anything better than (6), I think no. I think (2) is a conceptual hodgepodge of (5) and (3). —SmokeyJoe (talk) 00:18, 29 September 2019 (UTC)[reply]
In my 10 years on Wikipedia I have rarely visited Portal or Outline pages, and I can't remember ever returning to such pages. I don't find them useful. Thus, I agree with your well-reasoned argument SmokeyJoe.   - Mark D Worthen PsyD (talk) (I am a man. The traditional male pronouns are fine.) 13:19, 30 September 2019 (UTC)[reply]
An outline, in any topic area, should be like a category tree trimmed of the branches that go beyond the topic area (for example, notable lawyers will appear in the law category tree, but are not themselves areas of law). It should be substantially deeper than the template. Note that it is difficult to display the entire category tree for any large supercategory, so users generally do not see this at all. The Portal should work more like the main page, but with the specific focus of law. The WikiProject doesn't need any of this content, as it is a backstage for creating and organizing content, not a display of content. bd2412 T 20:01, 30 September 2019 (UTC)[reply]
@UnitedStatesian and SmokeyJoe:, I have revamped Portal:Law. What do you think of the current setup? bd2412 T 20:37, 12 October 2019 (UTC)[reply]

"was a case" or "is a case"?

This may not be the best place to post, but I've been going over some of the cases on List of landmark court decisions in the United States and noticed that there doesn't seem to be consistency in whether to use "was a case" or "is a case". Obviously when the case is still open it should be "is", but I'm not sure if one is "more" correct than the other for cases that have been ruled. This probably applies to non-US court articles as well, I just haven't checked.

For example:


Is there a specific time to use each? If not, should there be?

Frood (talk!) 01:03, 3 October 2019 (UTC)[reply]

Cases included on WP would lead to this error (of omission), if not updated when closed. Seems fairly straightforward to stick with present and past tenses based on whether a case is closed, by verdict, settlement, or dismissal. Lindenfall (talk) 18:11, 3 October 2019 (UTC)[reply]
There's nothing in the style guide on this. Not sure if this is relevant for law, but historians and others use present tense consistently when talking about the content of a text (e.g., Karl Marx argues in the 18th Brumaire of Napoleon III that @the tradition of all dead generations weighs like a nightmare on the brains of the living.") and the past tense when talking about events. See, for example https://gato-docs.its.txstate.edu/slac/Subject/Writing/Documentation-and-the-Writing-Process/Verb-Tense-for-Analysis-of-Literature-and-History/Verb%20Tense%20for%20Analysis%20of%20Literature%20and%20History.pdf . AugusteBlanqui (talk) 18:32, 3 October 2019 (UTC)[reply]
Ideally one would avoid passive tense, as the authors/editors of List of landmark court decisions in the United States have done. (It is an excellent, well-written List btw.) ¶ Otherwise, I agree with AugusteBlanqui, partly because historians grapple with this question all the time. Also, most landmark cases are still "in effect", therefore present tense applies.   - Mark D Worthen PsyD (talk) (I am a man. The traditional male pronouns are fine.) 20:16, 3 October 2019 (UTC)[reply]
It's probably worth looking at different supreme court decisions to see if they use the literary present tense. AugusteBlanqui (talk) 06:53, 4 October 2019 (UTC)[reply]
Point well taken regarding a consistent present tense, though it may seem odd, in prose, to the reader. Lindenfall (talk) 20:15, 11 October 2019 (UTC)[reply]

Request for information on WP1.0 web tool

Hello and greetings from the maintainers of the WP 1.0 Bot! As you may or may not know, we are currently involved in an overhaul of the bot, in order to make it more modern and maintainable. As part of this process, we will be rewriting the web tool that is part of the project. You might have noticed this tool if you click through the links on the project assessment summary tables.

We'd like to collect information on how the current tool is used by....you! How do you yourself and the other maintainers of your project use the web tool? Which of its features do you need? How frequently do you use these features? And what features is the tool missing that would be useful to you? We have collected all of these questions at this Google form where you can leave your response. Walkerma (talk) 04:24, 27 October 2019 (UTC)[reply]

Archibald Cornwall and Edinburgh's baillie court

Can someone please review the Archibald Cornwall article? It mentions "Edinburgh's baillie court", but I cannot find very few mentions of that entity. This is one of the few exceptions. It would be useful to know more about it, and the term "baillie court" in general. -- The Anome (talk) 18:40, 2 November 2019 (UTC)[reply]

No-go area

Outer space law

Hello. I am a scientist and a member of the WP Spaceflight Project. Lately I have been working on the legal issues regarding the commercial mining of lunar resources, which is about to happen but its regulation remains controversial. I made an effort at explaining the legal controversy while taking special care of avoiding bias to one side or the other. I received feedback and re-edited the material over several days. Now I would appreciate if somebody from this Project could please take a look at the two relevant sections dealing exclusively with the exploitation of natural resources for commercial profit -and correct any major mistake, misunderstandings or omission. The text is not long, as I aimed for brevity. The relevant sections in need of a quick check are:

  1. Lunar resources#Legal status of mining
  2. Outer Space Treaty#Key points (last paragraph of this section)

Thank you! Cheers, Rowan Forest (talk) 17:27, 14 November 2019 (UTC)[reply]

Discussion about Alice S. Fisher article

I have a WP: COI for the article Alice S. Fisher as an employee of Latham & Watkins. There is a new discussion which may be of interest to members of this project located at: Talk:Alice S. Fisher#Fixing Unsourced Paragraph

JZ at LW (talk) 20:48, 21 November 2019 (UTC)[reply]

Women in law in the United Kingdom

This article which I have quickly put together is ripe for expansion (to match/better its sister article (no pun intended) at Women in law in Canada) - please feel free to get involved. I have also created a Category:Women in law. GiantSnowman 13:53, 27 November 2019 (UTC)[reply]