Following up on an item from Jun. 12-15: “The reign of Britain’s most prolific race discrimination litigant could be over. After 82 employment tribunal cases, more than ?74,000 of public money and ?500,000 spent by companies defending themselves against him, Omorotu Francis Ayovuare has been stopped in his tracks by Lord Goldsmith, the Attorney General. Lawyers for the Attorney General persuaded a High Court judge to issue a ‘restriction of proceedings order’ against Mr Ayovuare, whose litigiousness was revealed by the Telegraph in June. He must now get permission from a judge each time he wants to bring a new tribunal or continue an existing case.” American courts also have similar (though infrequently used) procedures by which judges can restrain inveterate litigants. (Adam Lusher, “Attorney General bans race litigant after 82 cases”, Daily Telegraph, Nov. 23).
Posts Tagged ‘attorneys general’
Teenage assault: the taxpayers did it
“A King County jury [last week] awarded a Somali refugee $8.8 million, finding that negligence by state social workers contributed to a savage assault by a gang of teenagers living in a West Seattle foster home.” Attorney Jack Connelly, representing beating victim Aba Sheikh, said the state Department of Social and Health Services should have moved two delinquent teenagers from foster care to more restrictive and closely supervised custodial settings. “Assistant Attorney General Jeff Freimund said yesterday the verdict puts social workers in an untenable position — complying with laws that require foster kids be put in the least restrictive, most ‘family-like’ setting possible, while being held responsible if the children exploit their freedom and commit crimes.” DSHS officials called the ruling an “unprecedented” expansion of state liability and said if it is sustained the department “will have to institute extraordinary new constraints on children in foster care, interfering with their growth into successful citizens.” “Aba Sheikh also will be paid $300,000 by Shell Oil, because the attack occurred at a gas station franchised by the company”. (“Jury faults DSHS for attack by foster kids”, Seattle Times, Nov. 18). For another case in which attorney Connelly made the state of Washington pay dearly for imposing insufficiently custodial conditions on persons under its authority, see Sept. 13-14, 2000 (auto accident by convict serving community-supervision portion of sentence)(& letter to the editor, Dec. 6). Update Apr. 16, 2006: state’s high court overturns verdict.
Election results
Tort reformers did well in Mississippi elections, with GOP challenger Haley Barbour toppling incumbent Gov. Ronnie Musgrove (D) and Republican Lt. Gov. Amy Tuck handily fending off a challenge from trial-lawyer-legislator Barbara Blackmon (Julie Goodman and Patrice Sawyer, “Republican challenger unseats Musgrove”, Jackson Clarion-Ledger, Nov. 5; Andy Kanengiser, “GOP’s Tuck breezes to victory over Blackmon”,
Nov. 5). The Democrats did hold onto the state’s attorney generalship, however. Meanwhile, doctors campaigning for malpractice reform (see Nov. 4) suffered stinging defeats in Pennsylvania, where Democrat Max Baer beat Republican Joan Melvin for a seat on the state supreme court, and New Jersey, where Democratic followers of Gov. Jim McGreevey solidified their hold on the state legislature, in part by outspending their rivals four to one. (“Democrat Baer defeats Melvin for top Pa. court”, AP/Philadelphia Inquirer, Nov. 5; Tom Turcol, “N.J. Democrats secure control of legislature”, Nov. 5).
Tobacco lawyers to Mass.: we’ll sue for the whole $2 billion
Law firms Brown Rudnick Berlack & Israels and Lieff, Cabraser, Heimann & Bernstein now say they’ll sue the state of Massachusetts for the whole $2 billion they say they’re entitled to — a 25 percent contingency share of the state’s $8 billion tobacco-settlement booty — rather than accept the measly $775 million they’ve been awarded in arbitration. The Associated Press says the firms “risk becoming poster children for attorney greed at a time when the profession is already under attack for high damage awards. ‘This lawsuit is about greed and it’s about selfishness. They should be ashamed of themselves,’ said former Maine Attorney General James Tierney, who worked with attorneys general from around the country to help negotiate the $246 billion master settlement.” (“Law firms go to court to make Massachusetts pay full tobacco legal fee”, AP/San Francisco Chronicle, Nov. 3; Steve Bailey, “Pigs at the trough”, Boston Globe, Oct. 10) For earlier coverage of the Massachusetts fees, see May 19; Jan. 2-3, 2002; Aug. 13-14, 2001; Dec. 22, 1999. (& see Dec. 17)
Morales gets four years
“Former Texas Attorney General Dan Morales was sentenced Friday to four years in prison for filing a false income tax return and mail fraud in a case stemming from the state’s $17 billion tobacco settlement.” Although Morales had entered a guilty plea as part of a plea agreement, “he insisted most of the accusations about public misdeeds were untrue.” (AP/Tyler Morning Telegraph , Oct. 31; Janet Elliott, “Morales ordered to prison”, Houston Chronicle, Nov. 1). Background: Oct. 2, Jul. 17, Jun. 26 and links from there.
Update: Calif. business groups launch s. 17200 initiative
As predicted in this space (Sept. 29), a California business coalition which includes the state Chamber of Commerce, auto dealers and the Civil Justice Association of California has launched an initiative drive aimed at curbing lawsuits under s. 17200, the state’s bizarrely broad consumer-protection statute. (see Oct. 2, Aug. 27 and links from there). The coalition “expects to spend $1 million to $2 million to collect signatures to put the initiative on the November 2004 ballot. … Under the initiative, private attorneys or individuals would no longer be able to file a lawsuit without a specific victim or evidence of harm or financial loss. … The right to sue on half of the public would rest with the attorney general, county district attorneys and other local prosecutors.” (Gilbert Chan, “Ballot drive targets lawsuits”, Sacramento Bee, Oct. 23). More: Law.com coverage (Jeff Chorney, “Tort Reformers Want Voters to Remake Calif. Unfair Competition Law”, The Recorder, Oct. 27)
Murr to plead guilty in tobacco-fee case
Our editor on the road
Postings (from me, at least) will be sparser than usual this week as I will be spending a lot of time on the road. On Mon. the 22nd, I’ll be addressing the annual Legal Reform Summit at the U.S. Chamber of Commerce in Washington. The next day, Tues. the 23rd, I’ll also be in Washington to attend the unveiling of an important new study from the Manhattan Institute entitled Trial Lawyers Inc., which tries to get a handle on the scope, operations and future direction of the industry of suing people, considered as an industry; former Attorney General Dick Thornburgh will give the main presentation. And on Thurs. Sept. 25th, I’ll be a panelist at a daytime discussion of Litigation and the Economy held at Ramapo College of New Jersey.
W. Va.’s judge-advocate?
High on the list of upcoming showdowns between the Chamber of Commerce and organized trial lawyerdom is the race for control of the West Virginia Supreme Court, which is considered to tip pro-plaintiff at present by a slender margin. Incumbent Justice Warren McGraw drew particular ire from the state’s business community when he “authored a 1999 decision that allows people who claim exposure to toxic chemicals to win huge sums of money for a lifetime of medical testing — without ever having to prove that they are sick.” “In a fund-raising letter sent out this spring, Wheeling lawyer Bob Fitzsimmons wrote, ‘Justice Warren McGraw has consistently advocated for the injured persons of our state.'” (Toby Coleman, “McGraw ahead in race, poll says”, Charleston Daily Mail, Aug. 28)(via Brian Peterson, who also (Aug. 28) wonders about that “advocated”). Update May 13: McGraw holds off challenge.
Tobacco: AGs push Hollywood self-censorship
“In a stunning, courageous admission that they no longer have any serious work left to do, attorneys general in two dozen states recently sent a letter to the Motion Picture Association of America asking that Hollywood minimize smoking in movies so youngsters won’t be gulled into lighting up.” (Nick Gillespie, “Tinselectomy”, Reason, Aug. 29). Check out Gillespie’s list of other destructive behaviors that Hollywood glamorizes, especially the last item. Supposedly the self-censorship will be voluntary: “We’re not saying any law has been broken,” said Tom Dresslar, a spokesman for California Attorney General Bill Lockyer, a rather remarkable admission since there is precisely zero reason for any filmmaker to pay attention to this particular grouping of law enforcement functionaries other than the fear that they could cause some sort of legal trouble in the future unless placated. (“States Ask Hollywood to Cut Film Smoking “, AP/Fox News, Aug. 27).