Inevitably, Joey Langston’s guilty plea has led to questions arising about cases he won. One of the bigger recent victories was a $20 million federal court verdict against Captain D’s, in a case where a customer was assaulted by restaurant staff members. After Langston’s client won a $20+ million verdict on a negligent supervision theory, Captain D’s appealed to the Fifth Circuit Court of Appeals. Today, Captain D’s lost and the verdict was affirmed.
You can read the Captain D’s opinion here.
NMC, Joey won that verdict fair and square in front of District Judge Mills and a 95% white jury largely from the suburbs of Memphis. The case just was very good and Joey tried it very well.
I have no opinion one way or the other, zen master, and am just reporting what occurred.
Wow, glad to see the Fifth did not reverse and remand.
Oh Zen Master, The same Judge Mills that slapped him on the wrist in Oxford…You must be mistaken.
Magnoliz, Judge Mills didn’t slap him on the wrist. Langston has not been sentenced. What is before Judge Mills is a plea agreement that to a great degree limits what Judge Mills can do.
Looks like a well reasoned opinion, fully supported by evidence and law. I am no Joey fan. But give him credit for obtaining a good result in a very tough venue, and keeping it in one of the nation’s most conservative appellate courts.
NMC, I’m sorry if I sounded excessively combative. Joey actually was a good trial lawyer.
Joey being such a good trial lawyer is what should give Bobby Delaughter great concern. When Joey Langston walks in and takes 3 years in jail for bribing a judge, they bribed him. If not, Joey would fight it for the next ten years.
NMC//I’ve had a BIG OLE PROBLEM from day one of the connections between Judge Mills and Joey Langston . Perfectly Legal I’m sure, and The Judge did not sit in on the plea, but we are in a TINY TINY TINY Judicial District where Joey and Judge Mills were raised, worked in the same Court Houses and , to me, The right thing, The Judge should have recused himself.
I don’t see it that way, magnolia. I’ve heard no suggestion that Judge Mills has the kind of connection with Langston that calls for recusal. And there is no basis to say Judge Mills had anything to do with the plea agreement between the government and Langston.
nmc//I said The Judge was not in on the Plea..Don’t misquote me…I’m having to fight my own family on this, but I don’t like the way it looks, and other professionals, my age, that are not lawyers feel as I do. I’m having a problem with it, and thats’ that.
Magnolia, if you used that criteria for recusal in Mississippi, you would have no judges hearing anything. This is a small place, and everybody knows everybody, especially in the legal community. Foul play does not necessarily follow. I know one of the lawyers who worked with Joey on that case, and heard about it along the way. It was simply a well-prepared, well-tried case.
rogerwilco// A Very Good Point..I’m not saying Joey was not a good lawyer, and I’m not saying Judge Mills is not a fine Judge, This is our Judiciary, and a very close one that has brought us to this debate today, in a lot of circles, and I will always have a problem with it.
Roger, you beat me to that comment! Once again, roger that!
Dang, this kid has really suffered!
Someone help me here. didn’t Joey bring suit against a Pizza Hut or a Mcdonalds over an incident with a child being hurt in a bathroom? I think that settlement was also in the millions.
Finished reading the opinion in full, it is well reasoned and supported by the record, glad to see the 5th Circuit actually affirm a verdict, and appears a deserving one.
Yes Stormy it was a pizza hut on main street in tupelo. a kid got electrocuted by the hand dryer in a bathroom and died.
Do you remember the settlement amount and/or remember Judges name that was involved?
no that has been several years ago. probably back in the late 80s or early 90s
Y’all, c’mon. Just because a judge knew a lawyer from some point back in his or her past (they grew up together, worked together at some county courthouse, etc.) does not mean that the judge is irrevocably joined to that lawyer at the hip and is beholden to carry that lawyers water for the rest of his natural born life. Seeing conspiracies in every happenstance connection in a small state will drive you bonkers, and is simply not reality. Lackey and Balducci were “friends” or were in some sort of convergent “circle”, and we know how that story ended up.
DN,I agree.
To Magnolia: Do not concur in your assessment of the propriety of Judge Mills’s trying J. Langston’s civil action. That’s what the judge was appointed for life to do. I will gladly revisit what I see as a complete nonissue if you’ll guide me into and thru the rocks and shoals you discern.
Mills and Langston MAY be professional acquaintances, but I’m not stating that as fact—only as a possibility about which I am wholly without knowledge. They MAY have attended the same juco, college, and law school and have been classmates, but I know not whether they did. They MAY have squared off against each other in court during Mills’s pre-judicial legal career, but I’m not stating or suggesting they did. As to any interweaving of Mike Mills and Joey Langston’s personal or legal histories: I know not.
But I know for a fact that:
A. The assignment of this civil action to J. Mills was purely a stastically-verifiable random act.
B. If there had been ANY justifiable basis (or bases) for J. Mills to recuse himself sha sponge, he would have done immediately upon so determining.
C. If there had been ANY arguable basis/es for the defendants to seek J. Mill’s recusal from the action, defense counsel would have so moved.
D. Judge’s are under a positive duty to avoid recusing themselves from unless one or more reasonably bright-line circumstances are or foreseeably will be violated by their remaining in the action. Both counsel and the judge bear a burden of being alert for the presence of recusal-demanding factors and for proceeding according to a strong body of ethical canons, standards of conduct, and case law.
E. A judge’s DUTY (emphasized here because too often slack-jawed civilians are not prepared to appreciate the gravitas of that value) is to try cases … to render judgment on close issues that frequently stoke white-hot passions in the parties and sometimes in the community.
F. The only “connectors” between J. Mills and Joey Langston of which I am aware, after mildly diligent search and inquiry, are that both grew up in the First Circuit Court District of Mississippi; both are graduates of the same college and law school; both practiced law in Mississippi’s First Circuit Court District; both are male WASPs; and both have heads of hair vastly superior to my own.
If the mere fact that the judge and the lawyer are from NE Mississippi dictates, in your view, that J. Mills should have recused himself here, then that leaves only Judge Pepper (Greenvile) as the trial judge, and it follows that all civil actions arising from the southern, central, northwestern, and Delta counties would have to be tried by Jj. Mills, Aycock, Biggers, and Davidson, while Pepper tried those from the state’s First Circuit. That obviously makes no sense at all … might as well have Southern District judge’s try all Northern District cases, and vice verse.
But I sense that you know something more re Mills and Langston than you have thus far revealed. Please pass it on.
Ben out.
Ben Cole// I’d rather get on Your Harley and ride to Seattle in a Hell Storm none stop after taking blood pressure medication than to every bring this subject up again. I will never reveal anything and caution myself hourly to keep my own council.
Ben Cole, you make lots of valuable contributions here, but I do object to the term “slack-jawed civilians” and ask you to stop using it on folo.
TO ALL: Please completely disregard every jot and tittle in my preceding post number 23. I’m trying to do this with old, arthritic hands and an iPhone. My apologies for wasting your time, but FOLO’s editing tool appears to be tits up this morning … and FOLO’s clock is an hour off too (slack-jawed chronometer, no doubt).
TO MAGNOLIA: I do not concur in your assessment of the propriety of Judge Mills’s trying J. Langston’s civil action. That’s what the judge was appointed for life to do. But I will gladly revisit what I see as a complete nonissue if you’ll guide me into and thru the rocks and shoals you discern.
Mills and Langston MAY be professional acquaintances. I’m not stating that as fact –only as a possibility about which I am wholly uninformed. They MAY have attended the same juco, college, and law school, and maybe the same church and Sunday school classes, and MAY have been classmates throughout their educational careers, but, again, I know not. They MAY have squared off against each other in court during Mills’s pre-judicial legal career, but I’m not stating or suggesting they did. I do not know. As to any interweaving of Mike Mills and Joey Langston’s personal or legal histories: I know not.
But I know for a fact that:
A. The assignment of this civil action to J. Mills was purely a stastically-verifiable random act.
B. If there had been ANY justifiable basis (or bases) for J. Mills to recuse himself sua sponte, he forthwith would have.
C. If there had been ANY arguable basis/es for the defendants to seek J. Mill’s recusal from the action, defense counsel would have so moved, and there were exceptionally capable defense counsel appearing in this action.
D. Judges are under a positive duty to avoid recusing themselves from cases unless one or more reasonably bright-line circumstances are or foreseeably will be violated by their remaining in the action. Both counsel and the judge bear a burden of being alert for the presence of recusal-demanding factors and for proceeding according to a strong body of ethical canons, standards of conduct, and case law.
E. A judge’s DUTY is to try cases " to render judgment on close issues that frequently stoke white-hot passions in the parties and sometimes in the community.
F. The only nexii between J. Mills and Joey Langston of which I am aware, after mildly diligent search and inquiry, are that both grew up in the First Circuit Court District of Mississippi (from which all Northern District district judge hopefuls must arise, save for the Delta exception, which wasn’t even an exception until Washington County was gerrymandered from the Southern District into the Northern District so Wm. Keady could be appointed to the court); both are graduates of the same college and law school; both practiced law in Mississippi’s First Circuit Court District; both are male WASPs; and both have heads of hair vastly superior to my own.
If the mere fact that the judge and the lawyer are from NE Mississippi dictates, in your view, that J. Mills should have recused himself here, then that leaves only Judge Pepper (Greenvile) as the trial judge, and it follows that all civil actions arising from the southern, central, northwestern, and Delta counties would have to be tried by Judges Mills, Aycock, Biggers, and Davidson, while Pepper gets those from the state’s First Circuit. That obviously makes no sense at all " might as well have Southern District judges try all Northern District cases, and vice versa.
But I sense that you know something more re Mills and Langston than you have thus far revealed. Please pass it on.
Ben out.
Awww, Mag … I didn’t intend to scold or chide or get uppity … I merely sense you know more than you have revealed here about Joey Langston and the judge and I would like to learn what it is.
And I’d love for you to climb aboard the Harley and take a spin with me … it’ll replace the need for blood pressure meds and heart meds and restless leg syndrome, etc. Hop up here and grab aholt.
Ben out.
Since the 5th Circuit affirmed this verdict after Joey’s disbarment, will he still be entitled to receive an attorney’s fee? Also curious how the MCI/Worldcom bankruptcy fee dispute (the suit filed by Phil Bryant as auditor) that’s still ongoing affects Langston’s and Balducci’s entitlement to the fees there.
Ben Cole, Your “(emphasized here because too often slack-jawed civilians are not prepared to appreciate the gravitas of that value)” remark is just one of the reasons “civilians” like me detest lawyers. Most, not all by a long shot are the single most arrogant “professionals” I have ever had the misfortune to deal with.
Jim: I regret my arrogance misfired on you. I’m retired from 33 years of military service. I pick on civilians in the military/civilian sense … not in the lawyer/non-lawyer sense. My bad.
I’m on the “clear liquids only” prep phase for a colonoscopy in just another hour and a half. Once I start purging my ancient body of impurities, … well, you just never know what might emerge. But I assure you as best I can, as a lawyer I deem myself lower on the social order than non-lawyers.
As to colonoscopies, Ben Cole, NEVER have I been so glad to hear “See you in 10 years” from anyone as from that doc!
As to dissing civilians here for whatever reason, your choices are cut it out or leave.
I may be dense, but what does “slack-jawed civilians” mean, anyway?
“what does "slack-jawed civilians " mean, anyway?”
I assumed it was a reference to LA attorneys–you know, they’re always saying crazy stuff like “take a writ” when they should say “seek an appeal,” and blathering about “in solido” liability and “prescription” when they should say “joint and several liability” and “statute of limitations.”
Slack-jawed – you know, open-mouthed, dull. Like Cletus, the Slack-Jawed Yokel on “The Simpsons.”
Maybe he should have just said “Snopes”
So, it’s a military put-down of civilians? Interesting. I’ve never heard that before. I must be slack-jawed.
Maybe DN but least us dum ass’s aint the ones with our butt up in de air this afternoon.
Stormy, what with Dragoman in the middle of lunch an’ all, I don’t want to put too fine a point on this, but . . . if BC’s just started that prep, I can pert-nigh guarantee ya that his fanny’s NOT in the air but serially parked on the can.
And we prolly won’t be hearing from him for a bit. ‘Tain’t fun.
oh well, one may be just as good as the other though…
“Tain’t fun” used in a sentence that referred to a colonoscopy?? You think I was gonna let that go by w/o a comment, Lotus?
p.s. Reminds me of the “Colon Blow” commercial SNL did years ago….
http://video.aol.com/partner/hulu/saturday-night-live-colon-blow/feqaU4X8926BBZoi11DZMELJ2TunZ9oc
DN, just keep a stiff upper lip…
Phantom, “Colon Blow” is what we came to call the spouse’s favorite cereal, Grape Nuts, in this house, thanks to that hilarious sketch.
Wuh, Phantom. For all I know the colonoscopy WAS fun (can’t report, I wuz out cold), but the weekend before it decidedly wadn’t.
(*idea*) I know — Let’s Change the Subject!
Great idea. that is getting yucky
i agree. changing the subject would be a great idea
whew.
Well that one might have been affirmed. but this ain’t looking good for Joey. From the CL this afternoon, http://tinyurl.com/ysk96v
Ben – What is “sha sponge?” Perhaps, did you mean “sua sponte” as regards a judge recusing him or herself without request from a party?
I can attest that Joey Langston was a fabulous trial lawyer who won many, many verdicts fair and square. Foradori was one of those verdicts and a just one, at that. The Fifth Circuit did a great job detailing the sufferings of Mr. Foradori, but the live testimony was even more compelling. The jury saw the uncontrollable spasms, the inability to move, etc.
The Pizza Hut case settled for upwards of 10 million with no judge involved. Also justified.
One of the saddest factors is not only that Joey will never wow another jury but that folks will assume that every jury he wowwed was bought. Simply not true.
And in my opinion, you could put Joey and Dickie’s millions together and not have enough to taint Judge Mills because there is no amount that would do that.
Judge Mills is as honest a jurist as exists. If he had a conflict he would recuse himself before the motion was even brought up.
As someone pointed out, most lawyers and judges in the Northern District are known to one another. That said, I don’t think Judge Mills and Joey were ever friendly or even in the same social circles.
Judge Mills had the chance to see Joey’s skills in Foradori and that could hurt Joey worse than anything else.
Hey there, Orchid — nice to have you back talkin’!
“Judge Mills had the chance to see Joey’s skills in Foradori and that could hurt Joey worse than anything else” is a most interesting point. That had to have been a wrenching trial, but I wish I’d seen some of it myself.
The skills Joey displayed in Foradori are forever lost to those who could have benefitted from them. That is tragic. Joey had a gift. That is the only way to describe it. I have seen hundreds of lawyers – some smarter than Joey, some better prepared than Joey, some better looking
, but none could top him in the Courtroom. Put him in front of a jury and wind him up. It truly was a show and one I will miss.
Payday
“…”It’s north of $23 million,” Welch said.
The amount includes compounded interest earned during the past 21-2 years. Attorneys fees are included, but it wasn’t immediately clear how much they are.
Attempts were unsuccessful at contacting Foradori for his reaction to the impending award.
Trial testimony revealed that when the teenager arrived at the North Gloster Street restaurant on Dec. 22, 2000, he was confronted by an employee who asked him to go outside and fight. During the fight, a second employee struck Foradori from behind and he fell, breaking his neck.
In 2005, his attorneys Joey Langston and Bo Burress of the Langston Law Firm in Booneville argued at trial that the manager on duty should not have told them to “go outside,” rather that the public is entitled to a safe and secure environment…”
http://www.djournal.com/pages/story.asp?ID=272965&pub=1&div=News
Nevermind.