LexPress: Narcoleptic Litigant
By Jason Boog
04-09-2007
When a suit's a sleeper, where international justice might have been too blind, why the city is suing the world, and how a victim got a bully pulpit.
SLEEP SUIT
A federal judge sent a wake-up call to a pair of hotel chains last week, ruling that the lawsuit of a narcoleptic former employee can sue the gigantic hotel chain for discrimination. In 2003, the Times Square Marriott fired Emmanuel Okoro for falling asleep during work, The New York Law Journal reports. The employee alleges that he suffered from narcolepsy, a disease that causes bouts of involuntary sleep. A year later, he was fired again, this time by the Ritz-Carlton Hotel. The man proceeded to sue the Marriott for discrimination, and the Ritz-Carlton for “retaliatory discharge.” Lawyers for the hotel chains had sought a preliminary injunction to end the lawsuit, but Southern District Judge Denise Cote denied the motion — setting the trial in motion. The judge wrote that the lawsuit hinged on "a genuine issue of material fact," perhaps opening the door for more narcoleptic lawsuits.
JUSTICE TOO BLIND
The New York Times leads with two stories about international judges this morning, most dramatically re-examining the ruling delivered by the tribunal that convicted Slobodan Milosevic of war crimes. According to the article, a few Serbian lawyers now allege that the celebrated tribunal ignored the full evidence about the extent of genocide, bowing to pressure from Serbia to keep certain damning evidence out of the case. Serbia was eventually acquitted of the genocide, escaping damages and international disgrace in the trial — but this additional evidence could have affected that judgment. The article raises some questions about the workings of the International Court of Justice that handles these difficult cases: “The story of the blacked-out documents, pieced together from more than 20 interviews with lawyers and court officials and from public records, offers rare insight into proceedings in The Hague, where hearings can turn into closed sessions and deals often happen behind closed doors.”
ETHIOPIAN RELEASE
An Ethiopian judge released 25 imprisoned journalists today, the Times also notes. Judge Adil Ahmed is the judge in a sprawling treason trial that rocked the troubled country after Prime Minister Meles Zenawi arrested more than 131 protestors, journalists, and activists on charges of treason during protests over his handling of the 2005 election. Of the original group of arrestees, only 45 have been acquitted. The controversial charges included counts of “attempting to incite genocide,” a serious offense that warrants the death penalty in Ethiopia. “The prosecution has not proved the charges leveled against the 25 journalists,” concluded Judge Ahmed, helping to end a case that convinced the European Union and England to stop sending aid to the large country.
CITY SUES THE WORLD
New York City is taking the world to court this month, fighting for the city's right to tax the workers and grounds of foreign nationals that use the United Nations to house their diplomats. The case is being led by corporation counsel Michael Cardozo in front of the U.S. Supreme Court. The city is suing Mongolia and India for tax dollars pending for United Nations offices and employees. The New York Sun reports that the city has accused six other countries of similarly evading taxes, so approval in this case could bring more countries to tax court. The U.S. Justice Department has criticized the city's tactics. Solicitor General Paul Clement, who wrote a brief for the State Department in this matter, thought that the case was "hindering the ability of the United States' missions abroad to buy, sell and construct diplomatic properties."
VICTIM GETS BULLY PULPIT
Bullying victims will undoubtedly be cheered by a strange lawsuit that recently returned to the New York court system after 20 years of inactivity. The New York Daily News reports how state Supreme Court Justice Jack Battaglia recently ruled that Fatima Bowles can proceed with a lawsuit she leveled against the city after a well-known (and documented) public school bully (named Frank A. in court papers) allegedly threw a block and caused her permanent vision damage. Here’s the rub: she first filed the lawsuit in 1985, but the case went cold after her original lawyers died. The city fought to shut down the old suit, but Justice Battaglia's decision admits the possibility that the city could be responsible for that old injury. The News has already picked their favorite, allowing Bowles to take a parting shot at the boy who threw the block: “About 10 years after the attack, Bowles met the remorseless assailant at Eastern District High School, and he sneered, ‘I busted you in your eye with that block.’ ”

