Sunday, November 18, 2012
Busy Mother Explains Her Untenable Schedule in Her Departure Memo from BigLaw
As a working mother, wife and lawyer, this post from Debra Cassens Weiss sums up the reasons women like us are leaving BigLaw to start our own firms with more flexible (not fewer) hours to pursue all the important parts of our lives: family, profession, continued learning, and, in my case, exotic gardening and gourmet cooking. Read more below.
"If you’ve ever wondered why it can be so difficult to juggle motherhood and BigLaw, a Clifford Chance associate dubbed Ms. X explains it in a departure memo with a blow-by-blow account of her untenable daily routine.
Above the Law blogger Elie Mystal, himself a new father, posted the memo and commented on the contents. “In a way, it’s heartbreaking,” Mystal writes. “I don’t know this woman, and I don’t know what her hopes and dreams are or might have been, but it shouldn’t be so damn hard—in the richest country on Earth—to have a big-time job and be a loving parent.”
The departure memo reveals Ms. X’s struggle to find time to take care of her kids, meet client demands, and attend to necessities like sleeping, eating and bathing. It begins with an early morning awakening:
4:00am: Hear baby screaming, hope I am dreaming, realize I’m not, sleep walk to nursery, give her a pacifier and put her back to sleep
4:45am: Finally get back to bed
5:30am: Alarm goes off, hit snooze
6:00am: See the shadow of a small person standing at my bedroom door, realize it is my son who has wet the bed (time to change the sheets)
6:15am: Hear baby screaming, make a bottle, turn on another excruciating episode of Backyardigans, feed baby
7:00am: Find some clean clothes for the kids, get them dressed
7:30am: Realize that I am still in my pajamas and haven’t showered, so pull hair back in a ponytail and throw on a suit
8:00am: Pile into the car, drive the kids to daycare
8:15am: TRAFFIC
9:00am: finally arrive at daycare, baby spits up on suit, get kids to their classrooms, realize I have a conference call in 15 minutes.
Later in the day, there is a team meeting where the harried associate gets a 50-item to-do list, a late lunch, and a frantic email from a client who needs an answer to an urgent question by the close of business. Ms. X drafts a memo, and then submits it to a senior associate and partner who have conflicting advice. Her work day ends this way:
5:30pm: wait for approval to send response to client; realize that I am going to be late picking up the kids from daycare ($5 for each minute late)
5:50pm: get approval; quickly send response to client
6:00pm: race to daycare to get the kids (they are the last two there)
At home, Ms. X cooks a microwaved chicken nuggets dinner, then ticks off her next tasks: baths, pajamas, books and bed. At 9 p.m. she discovers 25 unread messages on her BlackBerry, and then begins work on task No. 2 on the to-do list, briefly nodding off at her desk. After task No. 3 is completed, she takes a shower at 1 a.m. and gets to bed at 1:30 a.m. Next on the list? “REPEAT.”"
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"If you’ve ever wondered why it can be so difficult to juggle motherhood and BigLaw, a Clifford Chance associate dubbed Ms. X explains it in a departure memo with a blow-by-blow account of her untenable daily routine.
Above the Law blogger Elie Mystal, himself a new father, posted the memo and commented on the contents. “In a way, it’s heartbreaking,” Mystal writes. “I don’t know this woman, and I don’t know what her hopes and dreams are or might have been, but it shouldn’t be so damn hard—in the richest country on Earth—to have a big-time job and be a loving parent.”
The departure memo reveals Ms. X’s struggle to find time to take care of her kids, meet client demands, and attend to necessities like sleeping, eating and bathing. It begins with an early morning awakening:
4:00am: Hear baby screaming, hope I am dreaming, realize I’m not, sleep walk to nursery, give her a pacifier and put her back to sleep
4:45am: Finally get back to bed
5:30am: Alarm goes off, hit snooze
6:00am: See the shadow of a small person standing at my bedroom door, realize it is my son who has wet the bed (time to change the sheets)
6:15am: Hear baby screaming, make a bottle, turn on another excruciating episode of Backyardigans, feed baby
7:00am: Find some clean clothes for the kids, get them dressed
7:30am: Realize that I am still in my pajamas and haven’t showered, so pull hair back in a ponytail and throw on a suit
8:00am: Pile into the car, drive the kids to daycare
8:15am: TRAFFIC
9:00am: finally arrive at daycare, baby spits up on suit, get kids to their classrooms, realize I have a conference call in 15 minutes.
Later in the day, there is a team meeting where the harried associate gets a 50-item to-do list, a late lunch, and a frantic email from a client who needs an answer to an urgent question by the close of business. Ms. X drafts a memo, and then submits it to a senior associate and partner who have conflicting advice. Her work day ends this way:
5:30pm: wait for approval to send response to client; realize that I am going to be late picking up the kids from daycare ($5 for each minute late)
5:50pm: get approval; quickly send response to client
6:00pm: race to daycare to get the kids (they are the last two there)
At home, Ms. X cooks a microwaved chicken nuggets dinner, then ticks off her next tasks: baths, pajamas, books and bed. At 9 p.m. she discovers 25 unread messages on her BlackBerry, and then begins work on task No. 2 on the to-do list, briefly nodding off at her desk. After task No. 3 is completed, she takes a shower at 1 a.m. and gets to bed at 1:30 a.m. Next on the list? “REPEAT.”"
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Saturday, November 10, 2012
Health law, child custody, contracts and grilled organic grassfed beef with grilled asparagus and baby squash
Appeals -- Appellate court lacks jurisdiction of appeal of
final judgment where no notice of appeal was filed within thirty days of date
judgment was final and appealable -- Motion for supplemental final judgment was
not an authorized and timely motion that would suspend rendition of final
judgment -- Supplemental final judgment ruling on entitlement to attorney's
fees is not final or appealable where amount to be awarded has not been
determined
CATALINA
HALNAT, LLC, et al., Appellants, v. SUN CITY VENDING OF S.F., INC., Appellee.
3rd District.
Appeals -- Nonfinal orders -- Interpleader -- Action brought
by plaintiff employed as stock-transfer agent and registrar of corporation's
stock against corporation and transferee, alleging there was dispute between
transferee and corporation concerning transferee's right to have certain
restrictive legends removed from her shares and to have such shares
certificated in her individual name -- Order which merely granted summary
judgment declaring that transferee was entitled to have shares certificated in
her individual name was a nonfinal, nonappealable order did not actually direct
stock-transfer agent to do anything and did not dispose of all issues involved
in the litigation -- Summary judgment determining entitlement but not actually
ordering the transfer of shares did not have effect of granting stockholder the
immediate possession of property -- Appeal dismissed for lack of jurisdiction
FLORIDA
ATLANTIC STOCK TRANSFER, INC., a Florida corporation, Appellant, v. ROBIN L.
SMITH and NORTH CAPITAL PARTNERS, INC., Appellees. 4th District.
Attorney's fees -- Interest -- Award of attorney's fees
stating that sums would bear interest at rate of 6% per year from date of
entitlement -- Award of attorney's fees is reversed where trial court failed to
calculate full judgment due as well as pre-judgment interest -- Where
entitlement to attorney's fees was established as of January 12, 2011, trial
court should have calculated pre-judgment interest on attorney's fees award at
6% through date judgment was actually entered, which was interest rate under
version of section 55.03, Florida Statutes, in effect at that time -- Because
actual judgment was entered on January 12, 2012, post-judgment interest should
be calculated using rate established at that time, and adjusted yearly thereafter
until paid in accordance with current version of section 55.03
JOAN
GENSER and DAVID GENSER, Appellants, v. THE REEF CONDOMINIUM ASSOCIATION, INC.,
LEWIS KATZ, JANET HUCKABY, and LANG MANAGEMENT COMPANY, INC., Appellees. 4th
District.
Civil procedure -- Dismissal -- Service of process --
Timeliness -- Statute of limitations precluding refiling -- Trial court did not
abuse its discretion in dismissing action where more than a year had passed
without service of complaint or other record activity, and trial court gave
full and appropriate consideration to pertinent factors
ANTHONY POWELL,
Appellant, v. MADISON COUNTY SHERIFF'S DEPARTMENT; DEPARTMENT OF INSURANCE,
DIVISION OF RISK MANAGEMENT and DOWN HOME MEDICAL, Appellees. 1st District.
Dissolution of marriage -- Child custody -- Appeals --
Jurisdiction -- Trial court was without jurisdiction to vacate modification
order while an appeal of that very order was pending
LOY CAMPBELL, Appellant,
v. SADANA CAMPBELL, Appellee. 4th District.
Federal Tort Claims Act: STEPSON WINS $211,000 FOR VA'S
NEGLIGENT BEDSORE CARE, Delehant v. United States, 15 No. 9 Westlaw Journal
Nursing Home 5, Westlaw Journal Nursing Home November 2, 2012
A federal judge in Oregon has ordered the federal government
to pay $211,000 to the stepson of a deceased patient who developed severe
bedsores during his stay at a VA hospital in Portland. U.S. Magistrate Judge
John V. Acosta of the District of Oregon entered judgment for plaintiff Robert
Delehant on personal injury claims but found for the government on
wrongful-death allegations.
Transmissions: BWM PUSHING 'WEAK' SETTLEMENT TO BLOCK BETTER
ONES ELSEWHERE, PLAINTIFFS SAY, Bonomo v. BMW, 32 No. 10 Westlaw Journal
Automotive 7, Westlaw Journal Automotive November 6, 2012
Eight people who claim that 2005-2008 Mini Cooper
convertibles have faulty transmissions say the automaker is pushing a Florida
federal court to approve a "weak" settlement in order to preclude
their similar class actions in California and New Jersey. The eight petitioners
want to intervene in the Florida suit, filed in the U.S. District Court for the
Southern District of Florida, and have it transferred to the U.S. District
Court for the Central District of California.
Pacemaker: FLORIDA PACEMAKER DEATH CLAIM PREEMPTED BY
FEDERAL LAW, McClelland v. Medtronic Inc., 19 No. 19 Westlaw Journal Medical
Devices 9, Westlaw Journal Medical Devices November 5, 2012
Finding the causes of action barred by federal law, a
Florida federal judge has dismissed negligence and failure-to-warn claims
against Medtronic by the estate of a woman who died after her EnPulse pacemaker
failed after five years of use. U.S. District Judge Charlene Honeywell of the
U.S. District Court for the Middle District of Florida ruled that plaintiff
Peggy McClelland's state-law- based claims are preempted by the Medical Device
Amendments to the Federal Food Drug and Cosmetic Act
Regulatory Violations: 6TH CIRCUIT: NURSING HOME PROPERLY
CITED FOR SEXUALLY AGGRESSIVE RESIDENT, Somerset Nursing & Rehab. Facility
v. U.S. Dep't of Health & Human Servs., 15 No. 9 Westlaw Journal Nursing
Home 8, Westlaw Journal Nursing Home November 2, 2012
A federal appeals panel has ruled that state and federal
agencies correctly found a Kentucky nursing home had put its female residents
in "immediate jeopardy" by not controlling a sexually aggressive
dementia patient. The 6th U.S. Circuit Court of Appeals ruled 2-1 to uphold the
citations and immediate-jeopardy finding against Somerset Nursing &
Rehabilitation Facility, but the panel reduced the number of days the facility
should have been assessed a daily fine of $3,050.
Tires (Wrongful Death): DEATH CASE AGAINST COOPER GOES BACK
TO LOUISIANA STATE COURT, Turpin v. Cooper Tire & Rubber Co., 32 No. 10
Westlaw Journal Automotive 6, Westlaw Journal Automotive November 6, 2012
A federal judge in Louisiana has remanded a wrongful-death
tire defect case to state court, finding insufficient proof that the plaintiff
improperly named an in-state car dealership as a defendant to avoid federal
diversity jurisdiction. Under diversity jurisdiction, federal courts are
authorized to hear cases when the opposing parties are citizens of different
states, as long as the amount in controversy is at least $75,000.U.S. Magistrate
Judge Patrick J. Hanna.
Quinn v. Louisiana Citizens Property Ins. Corp.,(La.)
Limitations - Suspension of prescription based on putative
class action applies only when class action is filed in state's courts.
A Louisiana statute, providing for suspension of
prescription for individual claims of a putative class member arising out of
the transactions or occurrences described in a petition brought on behalf of a
class, applies only to petitions brought on behalf of a class in the state
courts of Louisiana and does not permit "cross-jurisdictional"
tolling. Therefore, insureds who brought a state-court action against their
homeowner's insurer to recover for alleged underpayment of compensation in
connection with property damages from two hurricanes could not rely on a
"recently dismissed" class action claim brought in federal district
court to establish a suspension of prescription as to their individual claims.
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Saturday, November 3, 2012
Attorney's fees, injunctions, repeat violence and Medicare fraud, with arugula and Manchego cheese galettes
Attorney's fees -- Award of fees reversed and remanded with
instructions to set forth basis for award
JEFFREY WAINTROOB ROBERTS, Appellant,
v. MIRIAM RAPHAEL ROBERTS, Appellee. 3rd District.
Injunctions -- Repeat violence -- Injunction reversed where
requisite instances of violence or stalking were not established at hearing
CHRISTOPHER
JOHNS, Appellant, v. DANIEL G. PENZOTTI, Appellee. 2nd District.
Medical Discount Plans: FLORIDA FEDERAL JUDGE HALTS MEDICAL
DISCOUNT PLAN OPERATION, FTC v. AIB Mkg. Assocs., 20 No. 6 Westlaw Journal
Health Law 6, Westlaw Journal Health Law October 24, 2012
A telemarketing operation must stop selling medical
discounts plans and other health-related services pending resolution of charges
it made "serious misrepresentations" in its marketing, a federal
judge in Florida has ruled. The Federal Trade Commission alleges the
telemarketers duped consumers into paying millions of dollars by telling them
that the products were the equivalent of comprehensive health insurance.
Medicare Fraud: AUTHORITIES CHARGE 91 IN $430 MILLION
MEDICARE FRAUD, 18 No. 4 Westlaw Journal Health Care Fraud 3, Westlaw Journal
Health Care Fraud October 24, 2012
(Reuters) - Ninety-one people including doctors, nurses and
other medical professionals were charged criminally in a new sweep of Medicare
fraud involving seven U.S. cities and $430 million in alleged false billing,
officials said Oct. 4. It was the government's second big raid in recent months
after a similar effort in May alleged $452 million in fraud in Medicare, the
U.S. health program for the elderly and disabled.
Medicaid Cuts: NEW YORK FEDERAL JUDGE ORDERS STATE OFFICIALS
TO HALT HOME HEALTH CARE CUTS, Strouchler v. Shah, 18 No. 4 Westlaw Journal
Health Care Fraud 8, Westlaw Journal Health Care Fraud October 24, 2012
A federal judge in Manhattan has issued a preliminary
injunction blocking state officials from reducing or terminating around-the-clock
home health services to elderly or disabled Medicaid recipients in New York
City without ample cause. The plaintiffs in the class-action lawsuit will
likely succeed on their claims that the state violated federal Medicaid law by
cutting beneficiaries' access to "split shift" care for unfounded
reasons
Medicare Advantage: MEDICARE ADVANTAGE ENROLLMENT PROJECTED
TO GROW 11 PERCENT, 18 No. 4 Westlaw Journal Health Care Fraud 9, Westlaw
Journal Health Care Fraud October 24, 2012
(Reuters) -- Enrollment in Medicare Advantage, the private
insurance segment of the popular U.S. health care program for the elderly, is
expected to grow 11 percent next year while premiums remain steady, government
health officials said Sept. 19. The U.S. Centers for Medicare and Medicaid
Services estimated that 14.5 million people will enroll in Medicare Advantage
plans in 2013, based on insurance industry expectations. That is up from 13.1
million people this year.
Medical Discount Plans: FLORIDA FEDERAL JUDGE HALTS MEDICAL
DISCOUNT PLAN OPERATION, FTC v. AIB Mkg. Assocs., 20 No. 6 Westlaw Journal
Health Law 6, Westlaw Journal Health Law October 24, 2012
A telemarketing operation must stop selling medical
discounts plans and other health-related services pending resolution of charges
it made "serious misrepresentations" in its marketing, a federal
judge in Florida has ruled. The Federal Trade Commission alleges the
telemarketers duped consumers into paying millions of dollars by telling them
that the products were the equivalent of comprehensive health insurance.
The Law Lady. For more info about us, click here. To be added to our email circulation with MUCH more law, click here and specify whether you wish to be added to our CRIMINAL, CIVIL or HEALTH & INSURANCE Recent Decisions of Interest.
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