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STORY ON FEDEX CASE OMITTED KEY FACTS As the attorney who tried the case of Issa Rizkallah v. FedEx Ground I thought your portrayal of the punitive damages phase omitted a significant issue which I communicated to your reporter ["FedEx strategy backfires to tune of $61M," June 6]. The $56 in punitive damages against the individual defendant was the direct result of my clients, the plaintiffs, asking the jury to have compassion on the individual defendant in determining the amount of punitive damages awarded against him. They did so because they felt, as did I, that this might be the most significant way to teach him a valuable lesson � i.e., when you are in possession of great power, you should not use it to hurt someone. The jury so responded but held FedEx Ground fully responsible for both failing my clients, and for failing to train and supervise the individual defendant when they had the opportunity to do so. Also, you left out the important fact that FedEx Ground told the jury that it accepted its verdict at trial but now publicly states that the jury was reckless and out of control. FedEx Ground justified its lack of an investigation into my clients’ complaints by saying that once litigation commenced they felt they would leave it to the jury to work out what had happened. Well, the jury worked it out and now FedEx claims that it was reckless. Hmm, the verdict (meaning truth) is that FedEx was more than reckless; now, they are in spin mode. Christopher B. Dolan San Francisco A COUPLE OF CLARIFICATIONS AND A THANK YOU FROM THE CADC On behalf of the members of the California Appellate Defense Counsel, thank you for your June 15 article, “Wanted: Appellate Lawyer. Pay: $70/hr.” It illuminates the plight of a dedicated group of lawyers who accept appointments in criminal and dependency cases. We are an important component of the appellate system, working in the pursuit of fairness not only in individual appeals, but in the published opinions which guide trial courts and counsel in other cases. I have three specific observations about the article. The first is a clarification in reference to the ninth paragraph, where it is stated the $5 an hour increase last October was “the first raise since 1989.” While that is true for entry-level counsel, there was an increase in 1992 to create a “two-tier” system based on counsel’s experience and the seriousness of the case, and another increase in 1996 to create the current “three tier” system, under which the rates are $70, $80 and $90 an hour, based on counsel’s experience and the seriousness of the case. The second observation is a correction, in the same paragraph, where it is stated that I computed I “took a 30 percent pay cut over 17 years,” after adjustment for inflation. That figure relates to 30 percent erosion of entry-level compensation. The “pay cut” for the most experienced counsel, doing the most serious appeals, is somewhere around 10 to 12 percent over 17 years. The third and final observation relates to the fine work done by CADC lobbyist Ray LeBov, former director of the Administrative Office of the Courts’ Office of Governmental Affairs. Ray was not mentioned in the article by name, and CADC wants to thank him publicly for his guidance and expertise over the past months. Kyle Gee Immediate Past President, California Appellate Defense Counsel Oakland You can send Letters to the Editor to The Recorder, 10 United Nations Plaza, 3rd Floor, San Francisco, CA 94102; by fax at ( 415) 749-5549; or electronically at [email protected]

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