News clips reporting on large verdicts and settlements cross my desk regularly, and most do not seem on their surface to be worth blogging about. Most are terse summaries of a case’s outcome, and others do not present any indication (again, on the surface at least) that a case might have problematic aspects. The other day, however, I ran across a story in the Charleston (W.V.) Gazette describing a case in which a plaintiff had been terribly injured after a retailer sold what the reporter bluntly stated was a “defective mower.” This particular newspaper story was so one-sided that I thought there almost had to be more to it than was being reported — and I had no idea how right I was in that suspicion. This is a long post, but I hope worth readers’ while. It certainly makes me wonder how much I’m missing when I don’t go into the dockets to fact-check other seemingly run-of-the-mill cases.
Archive for 2006
Duke rape claim: the Times’s sorry showing
Stuart Taylor Jr. arraigns the New York Times for the many weaknesses of the recent article by Duff Wilson and Jonathan Glater which sought to rehabilitate the prosecution’s crumbling case. “The Times still seems bent on advancing its race-sex-class ideological agenda, even at the cost of ruining the lives of three young men who it has reason to know are very probably innocent.” (Slate, “Witness for the Prosecution?”, Aug. 29). Earlier: Aug. 25, Jun. 24, etc.
“What should be taught in Torts?”
The new symposium on legal education at Bill Childs’ website is well worth a look-through, even aside from Ted’s contribution.
“Trial lawyers target Republicans”
The topics of ATLA’s ad campaign in five GOP districts — drug prices and oil prices — don’t exactly seem central to the organized plaintiff’s bar’s own mission in life, but perhaps the wider message is just that the national Republican party Must Be Punished for supporting liability reform, and any issues that come to hand will do. (Jim Kuhnhenn, AP/Washington Post, Aug. 29)
Busy Lizzies in a hanging pot
Think twice about trying to grow your own from nursery stock: If the patent held by biotech firm Syngenta doesn’t get you, the indigenous-flora royalty supposedly owed to the government of Tanzania just might (Antony Barnett, “The new piracy: how West ‘steals’ Africa’s plants”, The Observer (UK), Aug. 27).
And I think something else happened that day
Attorney celebrations in the news:
“Joseph P. Awad, the incoming president of the New York State Trial Lawyers Association and a partner in Garden City, N.Y.’s Silberstein, Awad & Miklos, was one of the lawyers who participated in TLC. He said the group was holding a dinner on the fifth anniversary of the [September 11] terrorist attacks to celebrate ‘the largest pro bono project in history.'”
(Anthony Lin, “Attorney’s $2 Million 9/11 Fee Called ‘Shocking, Unconscionable'”, New York Law Journal, Aug. 28).
Damned if you do, damned if you don’t files: Putnam Hospital
Osteopath John King (who now calls himself “Christopher Wallace Martin” in his Alabama practice after surrendering his West Virginia and Texas medical licenses) had a poor record in numerous previous jobs in numerous states, but West Virginia’s Putnam County Hospital, the only acute-care center in the county, wasn’t able to find that out because the former employers were afraid of being sued. King lasted a few months at Putnam before he was dismissed for incompetence after an investigation, and King responded by suing Putnam and the independent expert who testified against him at a private peer review (as well as the newspaper that reported on his problems). Meanwhile, trial lawyers engaged in a feeding frenzy, filing dozens of lawsuits for tens of millions of dollars against the deep pocket (and some against each other), creating enough adverse publicity that Putnam lost nearly half of its business, and was on the verge of shutting down tomorrow before a last-minute deal to save the hospital was negotiated. Martha Montelongo has an overview in the August 17 Human Events Online. (Lawrence Messina, AP/Charleston Daily Mail, Aug. 28; Chris Dickerson, “Druckman sues former clients over work on King cases”, West Virginia Record, Aug. 8; Lawrence Messina, “W. Va. Hospital Says Lawsuits Drive Conversion to Urgent Care Center”, AP/insurance Journal, Aug. 7; Chris Dickerson, “Putnam General blames impending closure on trial lawyers”, West Virginia Record, Aug. 1).
Chutzpah files: John Mark Karr and Seth Temin
Now, the record will reflect that I was an early skeptic of the “solving” of the JonBenet case, but the AP’s quote of Karr’s public defender, Seth Temin, is a bit over the top: “We’re deeply distressed by the fact that they took this man and dragged him here from Bangkok, Thailand, with no forensic evidence confirming the allegations against him and no independent factors leading to a presumption he did anything wrong.” Er, wasn’t Karr a fugitive from justice from California? And there was that whole confession thing…
“A Taxonomy of Obesity Litigation”
A Little Rock friend of mine had an emergency gap in his law review, and solicited me to write about the fast-food litigation. I’m not a big fan of the eight-footnotes-a-page-style that law reviews like, but I think the piece is a good overview of what has happened to date. The article, 28 UALR L. Rev. 427 (2006), can be downloaded at SSRN (help me catch up with Bainbridge!) or at the AEI Liability Project website. (cross-posted at Point of Law)
I worry that events have outstripped me; one sentence in the article, “Why is selling soda [to 17-year-olds] an attractive nuisance, but selling … Internet connectivity is not?” predates the MySpace litigation.
ATLA, AAJ and the inky cuttlefish
The editors of the Los Angeles Times are not impressed by the decision of the Association of Trial Lawyers of America to change its name to the American Association for Justice (AAJ), and quote Orwell: “The great enemy of clear language is insincerity,” he wrote. “When there is a gap between one’s real and one’s declared aims, one turns as it were instinctively to long words and exhausted idioms, like a cuttlefish spurting out ink.” (“A Trial Lawyer by Any Other Name” (editorial), Aug. 11) (via Wallace). See Jul. 28 (“kitten fish”), etc.