The BLT: The Blog of Legal Times

Cool Music Soothes Supreme Court

If there is any tension among Supreme Court justices as they tackle the tough pending cases of their current term, it was nowhere to be seen Wednesday afternoon at the court's spring musicale.

As they have off and on since 1988, justices took time off for an afternoon to bask in top-notch musical performances by internationally known artists in the court's East Conference Room. Usually, the talent is drawn from the classical and operatic world. But the justices have also heard memorable jazz and cabaret-style performances by the likes of Bobby Short and Marian McPartland.

Wednesday's performance may have topped them all, with renowned cabaret and concert singer Barbara Cook making an appearance, backed up by famed jazz sidemen including guitarist John Pizzarelli. Pizzarelli's wife Jessica Molaskey was the warm-up singer before Cook performed. In introducing the ensemble, Justice Ruth Bader Ginsburg called Pizzarelli "incomparably cool." Ginsburg, perhaps the court's greatest music fan ever, has presided over the musicales since 2002, taking over from Sandra Day O'Connor who had picked up after the departure of the tradition's founder, Justice Harry Blackmun.

Shakespeare Theatre Company Wins Preliminary Injunction in Building Dispute

The Shakespeare Theatre Company won the latest round of litigation yesterday against a nonprofit group serving as its de facto landlord, with a District of Columbia Superior Court judge granting a preliminary injunction to the theater company.

The theater company sued Lansburgh Theater Inc. (LTI) in June, accusing the nonprofit of trying to push the company out of a theater space in downtown Washington by raising the rent. Following two days of testimony this week, Judge John Ramsey Johnson entered an order allowing the theater company to continue using the theater, at least for the time being.

"We're happy with the victory," said Randall Miller of Arnold & Porter, lead counsel for the theater company. "The court's order acknowledges that this is not a commercial relationship between the Shakespeare Theatre Company and LTI. It’s a…charitable relationship in which LTI is obligated to act on STC's behalf."

Judge Denies Motion to Dismiss Shakespeare Theatre Lawsuit

The curtain closed Friday afternoon on the latest act of the Shakespeare Theatre Company's lawsuit against its landlord, when a District of Columbia Superior Court judge denied the defendants' motion to dismiss.

The ruling set the stage for a December 10 hearing on the theater company's motion for a preliminary injunction. The company wants Judge John Ramsey Johnson to stop Lansburgh Theater, Inc., the non-profit organization that maintains the theater's building in downtown Washington, from going ahead with a proposed rent increase that the theater claims would threaten its ability to operate.

Friday's hearing offered a preview of arguments likely to come up at next week's hearing. An attorney for Lansburgh, Patrick Conner of Morgan, Lewis & Bockius, told Johnson that Lansburgh needed more funds to pay for costly capital improvements, especially since the theater company had failed to take care of day-to-day maintenance. If the theater company couldn't or didn't want to pay the necessary costs, he said, Lansburgh could find another organization to replace it under the terms of Lansburgh's articles of incorporation.

Ginsburg, Verrilli and Arias of Agreement

Updated at 9:45 am on August 3

In the health care cases decided in late June, Supreme Court Justice Ruth Bader Ginsburg and Solicitor General Donald Verrilli were singing pretty much the same tune. On Friday, they will be on stage together to discuss tunes of another kind: operatic arias, and how they relate to the law.

They will be on a presidential showcase program at the annual meeting of the American Bar Association in Chicago, titled "Arias of Law: The Rule of Law at Work in Opera and the Supreme Court." Also on the panel will be Anthony Freud, general director of the renowned Lyric Opera of Chicago.

And pulling it all together is moderator Craig Martin, Jenner & Block's litigation department co-chair and a member of the executive committee of the Lyric Opera. He is also co-chair of the ABA's litigation section's committee for the 2012 meeting. "It's the confluence of two of my interests," said Martin. He has also known Verrilli for many years as a colleague at Jenner & Block. Martin recalled running into Verrilli and his family by accident during a vacation in Tuscany a few years back.

National Symphony Orchestra Musician Sues Airlines After Fall

Lewis Lipnick, a celebrated bassoon and contrabassoon player with the National Symphony Orchestra, is suing United Air Lines, Inc., and Lufthansa, claiming he suffered a bad fall after the airlines failed to make necessary accommodations for him and his instrument.

According to the complaint (PDF) Lipnick filed yesterday in U.S. District Court for the District of Columbia, he was on his way home from Germany in September 2010 after traveling there to buy a new contraforte, a type of contrabassoon. He bought a separate ticket for the 70-pound instrument and claims he was told that the airline would accommodate him.

At the airport in Munich, though, Lipnick alleged that when he asked if he could take an elevator to travel to the gate instead of the escalator, given his bulky carry-ons, an employee said no and told him to take the escalator "without offering any additional assistance." As he tried to balance the instrument and his other luggage on the escalator, according to the complaint, he fell and injured his neck, back and left arm.

Law Firm Bands Compete Thursday to Benefit the Homeless

If you want proof that not all D.C.-area lawyers work 24/7, head to the Black Cat on 14th St. N.W. on Thursday night. Sixteen law firm bands will be showing off talents they did not learn in law school on two stages from 7 p.m. to midnight.

It's the ninth annual "Battle of the Law Firm Bands" to benefit Gifts for the Homeless, which uses all proceeds to buy winter clothing and distribute it to 35 area shelters. Last year, the event raised $150,000. GFTH was founded in 1986 by lawyers and law firm staff.

The event has grown in size and popularity. The 16 bands performing Thursday are up from 12 last year. Many of the bands have names only lawyers could love -- like Jazz Ipsa Loquitur (See: res ipsa ...) with lawyers from Foley & Lardner and Lerman Senter, and Attractive Nuisance, showcasing talent from Steptoe & Johnson.

Supreme Court Justices Take a Musical Break

The Supreme Court was nearly unanimous Wednesday in pausing from its work to listen to some remarkable music.

Eight of the nine justices -- all but Sonia Sotomayor, who was speaking at New York University's commencement Wednesday -- attended the Court's annual musicale, an invitation-only interlude that draws world-class musical talent to perform in the justices' wood-paneled east conference room.

The late Justice Harry Blackmun launched the event in 1988, but for the last decade Justice Ruth Bader Ginsburg, probably the Court's most avid fan of classical music, has been the hostess. As she noted in remarks Wednesday, the event always takes place when, for the Court, "the pressure to produce opinions becomes most intense."

Art Company Claims LivingSocial Stole Its Business Model

A new lawsuit against LivingSocial is accusing the online daily deal juggernaut of partnering with a company in Washington to offer a promotional deal for painting classes, only to turn around and steal the company's business model and offer classes of its own.

Seed Works Inc., which offers class under the name Uncork'd Art, organizes painting classes where participants are also treated to music and wine. The company is suing LivingSocial, which is based in Washington, for fraud, misrepresentation, breach of contract, unfair trade and other claims to the tune of $1.5 million.

According to the complaint (PDF), which was filed May 4 in District of Columbia Superior Court, Uncork'd Art staff contacted LivingSocial in March 2011 about offering promotional deals for Uncork'd Art’s classes. During these negotiations, the company claims LivingSocial representatives "implicitly communicated" that LivingSocial wouldn't try to compete with Uncork'd Art in the future.

The Morning Wrap

Blackout: Many popular sites on the internet - including Google, Wikipedia, Reddit and Fark - went dark yesterday in protest of two internet legislation bills that opponents say would cripple free speech and the internet. The Hill reports that many lawmakers have withdrawn their support within the past 24 hours.

Keystone XL: President Barack Obama rejected plans to move forward with the controversial Keystone XL pipeline. Politico reports that the decision is a win-win for both parties.

Copyright: Just because something was in the public domain, doesn't always means it will stay there. The U.S. Supreme Court ruled yesterday that the Constitution doesn't prevent Congress from granting copyright protection to previously free, foreign works. The National Law Journal's Marcia Coyle reports.

Monument: A Bethesda billionaire will donate $7.5 million toward the repair costs of the Washington Monument. The Washington Post is reporting that government officials will make the announcement today.  

Alternate-side: New York City Council voted to ban the sanitation department from pasting stickers on vehicles that failed to move for street cleanings. The council argued the stickers violated the right to due process. The New York Times is there with a razor blade, rubbing alcohol and a jar of peanut butter to help you scrape it off.

D.C. Superior Court Adopts New Rules on Using Electronic Devices

Hoping to stem the use of electronic devices in courtrooms, District of Columbia Superior Court Chief Judge Lee Satterfield issued a new administrative order (PDF) on Wednesday outlining an official court policy.

The court already has rules against bringing in sound or video recorders, but advances in technology that make it possible to record on nontraditional devices – phones and computers, for instance – meant that a new policy was necessary, Satterfield wrote.

People coming in to court are allowed to bring in cell phones, computers, tablets and MP3 players. Cameras or tape recorders have to be left with court security.

Using electronic devices in court may not only run afoul of rules barring broadcasting from courtroom, Satterfield wrote in the order, but also “be disruptive to court proceedings.”

According to the order, anyone entering a courtroom is required to turn off any electronic devices and put them away. The order doesn’t apply to members of the D.C. Bar or other officials in court on business. Members of the media can get an exemption from the policy from the judge.

The order formalizes rules that are already being enforced unofficially in Superior Court. Judges, court employees and U.S. Marshals will often tell court observers or members of the media to put away phones, for instance, but according to Satterfield’s new order there was no policy on the books.

Anyone caught using a device without permission can be kicked out of the courtroom or the courthouse, and also face civil or criminal contempt sanctions.