Thirteen words of a taped interview of me discussing Barack Obama’s Senate record on tort reform appeared on ABC’s Weekend Good Morning America Sunday. Since they didn’t identify me by name, it probably won’t increase blog traffic.
I also wrote about this for Point of Law in December 2006. For more on Barack Obama, click the tag.
Foreclosure-endangered TV personality Ed McMahon on why the much-publicized $7.2 million settlement over mold in his Beverly Hills house didn’t really go that far, once the professionals got their cut: “By the time that’s all over, and you rebuild the house from the outside in. … A lot of things went wrong.” (AP/Grand Haven (Mich.) Tribune, Jun. 7).
William Gallion takes the stand in the Kentucky fen-phen settlement criminal trial:
Updating our August 2006 post on Alice Griffin v. Starbucks: Griffin alleged that a Starbucks barista spilled hot coffee–195 to 205 degrees–on her, causing second-degree burns on her foot and permanent nerve damage when it scalded her through her pantyhose. A jury agreed and awarded $301,000. The court reduced the award to $201,000, and both sides appealed. On appeal, the New York Appellate Division reduced damages further to $76,000. (Griffin v. Starbucks Corp. (N.Y.A.D. Jun. 5, 2008); Matthew Nestel and Dareh Gregorian, “Gal’s Star’Bucks’ Cut”, NY Post, Jun. 7). New York has tort reform giving judges extra discretion to reduce damages through remittitur.
In today’s NY Times, Joe Nocera lambastes Bill Lerach’s lack of remorse and notes that his crimes weren’t victimless. To which I would add: given that Lerach’s Portfolio defense of his crimes demonstrates that he lied in his sentencing letter to the court and the allocution he made, and given that Lerach got a reduced sentence under the Guidelines for “acceptance of responsibility” because of those false representations, why isn’t the government looking to make a criminal contempt or perjury charge? (We’ll give John Keker the benefit of the doubt that he didn’t know what was in Lerach’s heart when he falsely told the court “Mr. Lerach has stepped up and accepted responsibility.”) Surely Judge John Walter doesn’t condone this sort of thing.
If the government doesn’t step up here, it’s further evidence that they got rolled in their plea negotiation with Lerach.
“Wow. Judge Acker found Scruggs and the Rigsby sisters jointly and severally liable for civil contempt and a fine of $65,000 in the Renfroe v. Rigsby case, relating to failure to promptly return the stolen State Farm claims files to Renfroe’s counsel.” Maybe stealing documents isn’t such a good strategy after all? And that’s aside from what the judge said about Mississippi Attorney General Jim Hood — which starts with the epithet quoted in the post title, and just gets more stinging from there. (David Rossmiller, Jun. 5; Anita Lee, “Judge fines Scruggs, Rigsby sisters”, Biloxi Sun-Herald, Jun. 6; order, opinion PDF). More: U.S. Chamber-backed Legal NewsLine (Hood’s response).
Mississippi medical examiner Dr. Steven Hayne, under fire relating to his forensic contributions to the state’s criminal justice system, has “also done plenty of damage to the state’s tort system, particularly in the area of medical malpractice. … ‘Lots of money can exchange hands over a cause of death determination,’ [Clarksdale cardiologist Dr. Roger] Weiner told me. ‘I wanted to make sure it exchanged hands for the right reasons. Everyone down here knows about Dr. Hayne. Tens of millions of health insurance dollars have gone to plaintiff’s lawyers down here because of him.'” Incendiary headline on the post: “In Mississippi, the Cause of Death Is Open to the Highest Bidder”. (Radley Balko, Reason “Hit and Run”, Jun. 5) (via Glenn Reynolds).
From the folks at The Street.com, and it’s probably a parody. At least I hope so. (John Carney, DealBreaker, Jun. 6).
Rep. Sheila Jackson-Lee posed additional questions to me about my congressional testimony on the legislation to expand the 9/11 Victim Compensation Fund to cover Ground Zero dust litigation and “psychological injury.” I have posted my answers on line.