There’s been a lot of discussion over wacky warnings in the last couple of weeks (e.g., Jan. 8). Professor Jonathan Turley has criticized the wacky-warnings lists as examples of “bad lawyering,” rather than bad law; it’s essentially an allegation that highlighting these warnings is attack on strawmen. Relatedly, Eugene Volokh expressed skepticism yesterday about the liability rationale for refusing to give aspirin.
Well, what do plaintiffs’ lawyers have to say about warnings when these things go to trial? Here’s an example from the trial lawyer presidential candidate’s mouth:
“[Edwards & Kirby partner David Kirby] had asked [the defendant’s chief engineer] a fairly straightforward question: ‘Would you agree that the manufacturer of a product has an obligation to inform all of the users of its products of all the dangers that are known that are associated with the use of their product?’
“‘I don’t believe that.’ The reply was chilling.”
(John Edwards, Four Trials 197-98 (emphasis added).) Well, I don’t believe that, either, and neither do the vast majority of people: that’s why there isn’t a warning on my bottle of Poland Spring that excessive water drinking can be fatal. But Edwards went on to use that deposition excerpt at trial to argue that the defendant exhibited “corporate indifference.”
The warning in question would have been merely redundant and irrelevant, rather than wacky, but Edwards’s position can be one of only two things: either (1) omitting the tiniest detail from a list of warnings is “chilling” indifference to safety; or (2) it’s perfectly alright for trial lawyers to lie about the meaning of deposition excerpts and misrepresent a reasonable answer as damning evidence.
Separately noted about the District of Columbia Public Library, without comment:
- Number of copies of Four Trials by John Edwards, districtwide: 18.
- Number of copies of Capitalism and Freedom by Milton Friedman, districtwide: 1.
7 Comments
… They have a copy of Capitalism and Freedom?
I wonder how John Edwards feels about the fact that the Garmin StreetPilot 320 navigation device is not intended to diagnose, treat, cure, or prevent any disease, and any statements about its ability to get you from Point A to Point B have not been evaluated by the FDA.
“all of the users”, “all the dangers that are known” …
I’m sure I could write 100 pages in 6 point type about the dangers of a kitchen knife.
I’m also sure that John Edwards could write a 1,000 pages. Of course, he would want it in 12 point type — in six languages — for each of the occupants of the household, with a couple spare copies to be checked out in the event an occasional house guest or your mother-in-law intends to dabble in the kitchen.
Heaven forbid an accident occurred which was not on the accepted disclosure list — then you would have to face John Edwards as he told the jury — “The dangers were well known. Over 2,500 seperate risk factors were known and disclosed, yet they continued to sell the product …”
God Bless America.
And to think that some people would actually vote for this “person” to lead their country!
That is what becomes amazing!
Edwards is a wolf in sheep’s clothing, plain and simple.
Stop for a minute, and consider what he’s actually done, and not his talk.
While many members in congress wisely voted against the Iraq war, Edwards not only voted for it, he co-sponsored the disasterous resolution with neocon Joe Lieberman, that made it possible.
Edwards also co-sponsored and voted for the massive increase in H-1b visas, that dumped 195,000 foreign workers on the job market, destroying perhaps hundreds of thousands of American tech careers.
Edwards voted for permanaent normal trade relations with China, making American workers have to compete with Chinese labor standards, which of course they can’t.
Edwards voted for the DREAM act, forcing states to give in-state tuition (a subsidy) to illegal aliens, when there are poor Americans in these states who cant afford to send their kids to college, partially because illegal immigration drove down their wages. This act, of course only encourages more illegal immigration because it extends even further the taxpayers obligations to those who break our laws to come here.
But what about civil liberties? Here again, Edwards voted to the Patriot act, perhaps the greatest risk to civil liberties, ever.
Edwards supporters don’t want Edwards to be held accountable for these facts. Yet, Edwards made himself extremely wealthy holding others (such as doctors) accountable – so much so that doctors malpractice premiums rose so much as to make many obstetricians have left their specialty. More illegal alien taxpayer payed births, and fewer obstetricians – could that be why health care costs are skyrocketing?
One simple question – 10 years ago, if you did your job, the way Edwards performed as Senator, would he advocate that you get a big promotion?
Or would he have sued you and taken you to the cleaners?
Edwards probably donated all those copies himself.
My favorite example of Edwards’ hypocrisy – he has one of his minions obtain a play station 3 for his son from Walmart. He pulls rank to get this impossible-to-find item from a store that he regularly bashes for political profit.