Posts Tagged ‘asbestos’

Sheldon Silver’s ethical train wreck

“Ugly” question raised by arrest of New York assembly speaker Sheldon Silver: how often do law firms trade cash to doctors for mesothelioma referrals? [Alison Frankel/Reuters, Science magazine, earlier] And from the New York Times:

…mesothelioma doctors and personal injury lawyers specializing in asbestos-related litigation have developed over the years what some medical ethical experts describe as an unseemly alliance.

For plaintiffs’ lawyers, mesothelioma patients are a bonanza, worth $1.5 million to $2 million on average per case, according to legal experts; individual cases can yield much more. The hunger for these clients is evident to anyone who has watched late-night cable television and seen the garish ads aimed at those afflicted with the disease….

A symbiotic relationship has emerged, with lawyers financing research on the disease for doctors who send along streams of potentially lucrative clients.

More links:

  • “Silver’s perversion of a health-care grant that was earmarked for post-9/11 programs” [New York Daily News editorial] Columbia University closes its Mesothelioma Center, deeply involved in the scandal, which had been given a commendation by the New York Assembly in 2011 as its director quietly referred millions in cases to Silver [Daily News]
  • Circle wagons first, name committee chairs later: Albany in panic over Silver nab [New York Post, Albany Times-Union]
  • Lawyer referral fees, nonprofit cash figured in Lerach/Weiss scandal as well [Daniel Fisher, more]
  • Eric Schneiderman, Kathleen Rice… “Law Firm at Center of Silver Scandal Donated Huge Sums” to Moreland Commission figures [New York Observer]
  • More: New York Post on, inter alia, strong position held by Weitz & Luxenberg in New York courts; Wayne Barrett/Village Voice 2009 on Silver’s work in obtaining Chief Judge job for old friend Jonathan Lippman. And from Bob McManus at the New York Post: “Orange Is The New Silver.”

FBI takes Sheldon Silver into custody

According to multiple reports, the FBI has taken New York assembly speaker Sheldon Silver into custody following a corruption investigation. Silver is widely thought to know more about the internal workings of Albany than any other person, so if he begins talking things could get interesting. Our previous coverage of Silver — and there’s been a lot — is here, or chronologically at this tag. My coverage of him 2005-2010 at Point of Law is here.

More: The complaint (courtesy WSJ) alleges improprieties with income both from a real estate law firm and from asbestos legal cases. On the latter, it alleges that Silver directed state research money to a university doctor in Manhattan, and that the doctor referred lucrative asbestos cases to Silver’s firm of Weitz & Luxenberg. The doctor is described as a “well-known expert” who “conducts mesothelioma research” and who had created a center at his university by or before 2002 related to that subject. The doctor, not named in the complaint, “has entered into an agreement with the USAO SDNY [U.S. Attorney’s Office for the Southern District of New York] under which he will not be prosecuted for the conduct described herein, and that obligates him to provide truthful information to and cooperate with the government.” [pp. 24-25] Related post: Cato at Liberty.

Yet more: Remembering when the National Council of State Legislatures awarded Silver its “prestigious” and delightfully named “William M. Bulger Excellence in State Leadership Award” [Howie Carr, New York Post via Margaret Soltan]

Garlock allegations unsealed

“U.S. personal injury lawyers allegedly concealed evidence and induced clients to commit perjury to drive up asbestos-related settlements and garner bigger fees, according to lawsuits unsealed on Tuesday in the bankruptcy of a gasket maker.” [Reuters, earlier] My 1998 piece on asbestos witness-coaching is here.

Liability roundup

  • From the Manhattan Institute “Trial Lawyers Inc.” project, “Wheels of Fortune” (PDF), twin report on lawyers’ exploitation of SSDI (Social Security Disability) and ADA cases;
  • Theodore Dalrymple on the flaws of the US litigation system [Liberty and Law]
  • Testimony: “after he inquired about the 40 percent fee charged by [co-counsel] Chestnut, [Willie] Gary threatened to ‘tie up [client] Baker’s money in the courts for years so he would never live to see it.'” [Gainesville Sun]
  • ATRA takes aim at rise of asbestos litigation in NYC [“Judicial Hellholes” series, Chamber-backed Legal NewsLine, New York Daily News (“national scandal”)]
  • Another reminder that while plaintiff’s lawyers conventionally assail pre-dispute employment arbitration agreements, they routinely use them themselves [LNL]
  • New U.S. Chamber papers on litigation trends: “Lawsuit Ecosystem II“; state supreme courts review;
  • Changes ahead for class action rules? [Andrew Trask]

Liability roundup

Liability roundup

  • How legal doctrine changes in a state-based system: “The Diffusion of Innovations in Tort Law” [Kyle Graham]
  • Are courts growing (appropriately) disillusioned with cy pres? [James Beck and Rachel Weil, WLF; Beck, D&DL, on Redman v. RadioShack]
  • “Asbestos lawyers want $2.5 million for losing fight to keep Garlock records sealed” [@DanielDFisher on Legal NewsLine report] “Third Circuit rules against plaintiff who ‘just knew’ asbestos was used in Navy vessels” [Heather Isringhausen Gvillo, LNL]
  • Eric Alexander on the runaway $9 billion Actos verdict [Drug and Device Law, citing Dr. David Kessler, former FDA chief, as “plaintiff’s mouthpiece”; earlier on Actos/Takeda case]
  • “Third-Party Bad Faith Claims Add $800M to Florida Auto Insurance Costs: IRC” [Insurance Journal]
  • Discussion of proposals to change contributory negligence for bicyclists in D.C., mucho comments [Greater Greater Washington]
  • “Missouri Supreme Court Invalidates State’s Legislative Cap on Punitive Damages” [Mark Behrens]

Liability roundup

July 29 roundup

Mass tort roundup

  • New Hampshire lottery: after Granite State’s MTBE contamination suits pays off big, Vermont files its own [WLF Legal Pulse]
  • Supreme Court declines to review various cases arising from Florida’s Engle tobacco litigation [Lyle Denniston, SCOTUSBlog, earlier] “U.S. Supreme Court Rejects Fen-Phen Lawyers’ Appeal of $42M Kentucky Verdict” [Insurance Journal, earlier]
  • In action against five drug firms over opioid marketing, California’s Santa Clara County partners with law firms Robinson Calcagnie, Cohen Milstein, and Hagens Berman, marking at least the tenth time the county has teamed up with outside law firms to file suits [Legal NewsLine; earlier on Chicago’s involvement in painkiller suit]
  • Lester Brickman on fraud in mesothelioma litigation [SSRN] “Plaintiff Lawyer Offers Inside Look At `Institutionalized Fraud’ At Asbestos Trusts” [Daniel Fisher]
  • “‘Light’ cigarette case vs Huck’s continues after 9 years; Two current judges had been plaintiff’s counsel” [Madison Record, ABA Journal]
  • “If honesty in the judicial system means anything, it means proceeding with candor before the tribunal, which plaintiffs’ counsel did not do during the removal proceedings.” [dissent in Peter Angelos Cashmere Bouquet asbestos case, Legal NewsLine]
  • Report on products liability and the driverless car [John Villasenor, Brookings, earlier]

“Texas Supreme Court requires proof of causation in asbestos cases”

While the court did not endorse “but-for” causation standard favored by the defense, it did rule against the ultra-accommodating position that “any exposure” to asbestos should result in liability even if far greater exposure came from a different source. The court instead hinged liability on whether a defendant’s product or activity was a “substantial factor,” which it defined “as one that more than doubles the risk of injury to the plaintiff.” [Deborah La Fetra, PLF]