Overlawyered: Chronicling The High Cost Of Our Legal System

Archive for March, 2004

Cheeseburger bill passes House

By a vote of 276 to 139 with most Democrats opposed, the House gave its approval to a bill that would bar lawsuits against the food industry over obesity. (Christopher Lee, “House bill bans suits blaming eateries for obesity”, Washington Post/San Francisco Chronicle, Mar. 11). The bill faces an uncertain future in the Senate; similar legislation is pending in many state legislatures and has passed in Louisiana. Jacob Sullum at Reason “Hit & Run” has two good commentaries on the bill. It’s “disconcerting to see Congress instructing state courts to dismiss patently absurd lawsuits. I worry that it’s not really necessary. I worry more that it is,” Sullum writes. (Mar. 9). Sullum also catches GW law prof John Banzhaf talking out of both sides of his mouth about whether obesity lawsuits have been successful (Mar. 10).

One activist quoted in the new coverage is Ben Kelley, who in cooperation with Prof. Richard Daynard has taken a prominent role in organizing conferences advising lawyers on how to sue the food industry (see Elizabeth Lee, Andrew Mollison, “Food fans weigh in”, Atlanta Journal-Constitution, Mar. 10). It turns out that this is none other than the same Ben Kelley we covered ten years ago when we examined how litigation consultants working with trial lawyers have successfully promoted bogus media coverage of alleged auto hazards, including NBC’s famous use of hidden incendiary devices to portray GM trucks as prone to explode (Walter Olson, “It Didn’t Start With Dateline NBC”, National Review, Jun. 21, 1993.) The pro-foodmaker Center for Consumer Freedom has more on Kelley’s recent activities: see Dan Mindus, “McLawsuit Lies”, National Review, Oct. 29; “Trial Lawyers Up Demands On Food Companies”, Oct. 30; “Update: Obesity War Loses Discredited General”, Nov. 4.

MedPundit Sydney Smith thinks (Mar. 10) that the much-headlined new study purporting to find that obesity claims more lives than smoking “is, all things considered, a very weak study. Certainly too weak to be the foundation of sweeping public policy.” For more of our coverage of obesity litigation, see Aug. 11, Jun. 20, Sept. 4, Aug. 6, Jul. 21, Jul. 3, Jul. 3 again, Jul. 1, Jun. 24, and a great deal more here. More: Radley Balko dissents from the bill on federalist grounds (Mar. 11)(& letter to the editor, Mar. 18).

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Abrupt demise of doc-suers database

Targeted by trial lawyer allies in a short but effective media campaign, the website DoctorsKnow.Us (see Mar. 9) has now closed up shop, leaving the following message: “DoctorsKnow.Us has permanently ceased operations as of 3/9/04. The controversy this site has ignited was unanticipated and has polarized opinions regarding the medical malpractice crisis. Our hope is that this controversy will spark a serious discussion that results in changes that are equitable to both patients and physicians. All charges that have been collected will be returned to members and trial members.” It was probably just a matter of time until their antagonists figured out a way of suing them, anyway. More: notwithstanding claims by Texas Watch’s Dan Lambe that doctors violate ethical rules if they decline to accept potentially litigious patients, the Wall Street Journal reports: “Doctors are required by their ethics codes to treat patients in emergency situations. When there is no emergency, however, physicians generally can choose whether or not to see a patient.” (Rachel Emma Silverman, “Site on Litigious Patients Shuts”, WSJ, Mar. 11, sub$; MedRants, Mar. 6, Mar. 7). Ironically (or maybe not), Lambe’s group, which orchestrated the press brouhaha and which professes to be scandalized that plaintiffs would be included in a database without any showing that their suits were faulty, has itself campaigned for the state to make public a database of complaints against doctors themselves, even though many of those complaints prove unfounded (Andis Robeznieks, “States eye tougher stance on doctor discipline, competency testing”, American Medical News (AMA), Mar. 3, 2003)(includes quote from Texas Medical Association official calling Texas Watch “a front funded by the trial lawyers” whose “purpose is to fan the flames”). For more on the role of Texas Watch in the state’s malpractice politics, see Texans for Lawsuit Reform press release, Sept. 4, 2003. Yet more: Bard Parker (Cut to Cure) has some reflections about what the press regards as hot news as regards the withdrawal of physician services, and what it does not (Mar. 15)(& letter to the editor, Apr. 2).

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Trial lawyers flex muscle in Tex. races

The plaintiff’s bar had reason to crow after Tuesday’s Texas primaries: it knocked off several incumbent Democratic lawmakers who had backed tort reform or cooperated with GOP leadership on other issues. (“Tort reform, redistricting created challenges for incumbents”, AP/News 8 Austin, Mar. 10)(see Feb. 3). Tort lawyers poured more than $100,000 into the campaign of Alma Allen, who upset State Rep. Ron Wilson for the Democratic nomination in Houston’s District 131, and similar amounts into Abel Herrero’s successful challenge to incumbent state Rep. Jaime Capelo in Corpus Christi. (Lori Rodriguez, “Wilson challenge points up Democrats’ divisions”, Houston Chronicle, Mar. 6; Tim Eaton, “Politics draws doctors, lawyers”, Corpus Christi Caller-Times, Mar. 3). Their most important vehicle was a PAC called “Texans for Insurance Reform”. Texas political observer David Guenthner writes to National Review Online (Mar. 10) that the trial lawyers have “consolidated their control” over the state Democratic party and “sent a message that minority Democrats who don?t toe their line can kiss their careers goodbye.”

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Insensitivity sought; win cash prizes

The province of Nova Scotia “is offering cash prizes to people who spot ‘offensive’ language in newspaper and magazine articles related to mental health and suicide. Readers who pick out inappropriate language will be entered into a draw for prizes worth up to $2,000. Included on the list of are such words and phrases as ‘basket-case, cracked-up, crazed, demented, fruitcake, kooky, loony, lost their marbles, lunatic, madman, maniac, nutcase, and schizo.'” (“Nova Scotia urges media to watch its language”, CTV, Mar. 7; “Are these guys nuts?” (editorial), National Post, Mar. 4; “Here’s an idea that really is nuts” (editorial), Montreal Gazette, Mar. 5; Mark Steyn, “Beware of the fruitcakes in government”, Daily Telegraph, Mar. 9)(via Tongue Tied).

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Latest newsletter

Our latest free newsletter, summing up the past 3-4 weeks’ worth of items on the site, went out this morning to its 2300+ subscribers. If you didn’t receive it, you can sign up here for future mailings and to read older newsletters. It’s a great way to keep up with items on the site you may have missed.

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L.A. Times on spinning teacups

Funny, pointed editorial in Los Angeles Times on the decision of one of the management dwarves at Disneyland (“probably Grumpy”) to slow down the Mad Hatter’s spinning teacups lest someone sue (see Mar. 4). “Maybe right next to the sign, ‘You Must Be This Tall to Ride,’ they should post ratings with little symbols — one lawyer with briefcase for mildly scary attractions and a whole legal assault team for roller coasters.” (“Around and Around and…” Mar. 7).

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Light sentence for false accusers

Following up on our Feb. 24 report: “Three 12-year-old girls whose lies put an innocent man in jail for eight months pleaded guilty Thursday and were sentenced to Juvenile Hall and community service. Two of the girls must each serve 45 days and the third must serve 30 — the shorter sentence granted because she was considered less culpable, her lawyer said after the closed-door Orange County Juvenile Court hearing. The girls have already served most of their time while waiting in custody since their arrest Feb. 9. … The Orange County district attorney’s office had pressed for the Garden Grove girls to serve eight months and 13 days on criminal conspiracy charges, one day more than 36-year-old drifter Eric Nordmark was incarcerated.” (Claire Luna, “Girls Given Sentences for Lying”, Los Angeles Times, Mar. 5)

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