On December 4, 1998, 11-month old Jack Sprague, while with his babysitter, suffered a subdural hematoma that has left him disabled. A Maryland jury just awarded $5 million against three doctors who saw Jack a couple of weeks earlier–the theory being that if they had performed a CT scan on the infant, the parents would have discovered the babysitter’s alleged abuse earlier, preventing the injury. (The babysitter, Nancy Brookbank, was convicted of child abuse and acquitted of assault; the conviction was overturned because defense lawyers were forbidden from questioning the infant’s mother about the civil lawsuit; a retrial has yet to be scheduled.) Never mind that all three doctors diagnosed the asymptomatic infant as healthy: “What harm could it have done to do a CAT scan?” a juror asked. Well, even aside from the cost, and the risk of an anesthetic on an infant, doctors warn against unnecessary CAT scans to children because of the radiation exposure. How many healthy children will end up with cancer because of defensive medicine in response to this verdict? (Michael Amon, “$5 Million Awarded in Medical Malpractice Suit”, Washington Post, Feb. 15; Michael Amon, “Medical Malpractice Suit Goes to Jury”, Washington Post, Feb. 12; Michael Amon, “Pediatricians’ Testimony Backs Doctors”, Washington Post, Feb. 8; Michael Amon, “Court Orders New Trial For Waldorf Babysitter”, Washington Post, Dec. 21). Update: American Medical News provides more info. (Tanya Albert, “Physicians found negligent for not performing CT scan”, Apr. 12).
Posts Tagged ‘Maryland’
Yet more from the publicity file
Your editor was recently quoted in Reason (Brandon Turner, “Citings: Snow Job”, Jan., not online), where he predicted (in an interview conducted this fall) that the U.S. Supreme Court would overturn the Ninth Circuit’s decision in Hernandez v. Hughes Missile Systems, the ADA right-to-return-after-drug-misconduct case. (How accurate was this prediction? See Dec. 13). I also contributed a quote this fall when the New York Times took a look at New Jersey’s office charged with cracking down on unethical attorneys, which it’s fair to say has its hands full (John Sullivan, “In New Jersey, Rogue Lawyers Are on the Rise”, New York Times, New Jersey edition, Oct. 19, not online). And the Minneapolis Star-Tribune, covering local attorney Elliot Rothenberg’s challenge to a rule requiring all Minnesota attorneys to enroll in “elimination of bias” classes, mentions this website and our description of the program as “compulsory chapel” (see Nov. 21) (“Attorney challenging state requirement of anti-bias classes for lawyers” Jan. 2).
Back in October, we were quoted by Legal Times’s Jonathan Groner in an interesting piece on a little-publicized crusade by “public interest” lawyers to extend the constitutional right to taxpayer-provided counsel, ushered in with Gideon v. Wainwright for persons facing criminal prosecution, to civil matters such as child custody fights (“On a Crusade for a ‘Civil Gideon'”, Legal Times, Oct. 20). The idea, quietly promoted by the Soros-backed Public Justice Center and by NYU Law’s Brennan Center, is far-reaching and actually quite scary in its implications. See George Liebmann, “‘Civil Gideon’: An idea whose time has passed”, Daily Record, Jul. 18, reprinted at Calvert Institute site. Advocates were hoping to convince the Maryland high court to embrace civil Gideon, in what would have been the first such ruling in the nation, but this month the court dodged the issue in ruling on the case, Frase v. Barnhart. (Ann W. Parks, “Top court sidesteps ‘Civil Gideon’ issue, strikes down custody conditions”, Daily Record, Dec. 12; Jonathan Groner, “Inadmissible — No ‘Civil Gideon’ — for Now”, Legal Times, Dec. 15).
Sorry, wrong (class-action) number
Maryland state judge Steven I. Platt “has knocked down a class-action settlement involving late fees on telephone bills, saying the attorneys’ request for $13 million in legal fees was excessive”. Under the terms of settlement of the four-year-old lawsuit, Verizon Maryland had agreed to set aside an impressive-sounding $51.9 million for refunds, but in fact only 18,000 of the 2-million-plus eligible customers submitted claims for their refund of (in most cases) $6, “making the settlement worth less than $200,000.” “Virtually all of the money on the table would have gone to the lawyers, and only a very small share would have gone to the class members themselves,” said Michael J. Quirk, a staff attorney for Trial Lawyers for Public Justice, which opposed the settlement. (Caroline E. Mayer, “Md. Judge Cites Legal Fees In Rejecting Phone Accord”, Washington Post, Nov. 18).
$200 K for Moose carding?
Gregg Easterbrook’s new and already indispensable weblog for the New Republic has some harsh words (Sept. 15) for former Montgomery County, Maryland police chief Charles Moose, of sniper-investigation fame. In an episode that has received little press attention, Moose extracted something on the order of $200,000 from the Marriott hotel chain after threatening a race-bias lawsuit over an incident last December in which a guard demanded to see his room key at an exclusive beach in Hawaii (“Top cop in sniper case settles isle bias lawsuit”, AP/Honolulu Star-Bulletin, Aug. 8).
Essay on loser-pays
The following essay was written circa 1999 by our editor and formerly appeared on the site’s topical page on loser-pays.
* * *
America differs from all other Western democracies (indeed, from virtually all nations of any sort) in its refusal to recognize the principle that the losing side in litigation should contribute toward “making whole” its prevailing opponent. It’s long past time this country joined the world in adopting that principle; unfortunately, any steps toward doing so must contend with deeply entrenched resistance from the organized bar, which likes the system the way it is.
Overlawyered.com‘s editor wrote an account in Reason, June 1995, aimed at explaining how loser-pays works in practice and dispelling some of the more common misconceptions about the device. He also testified before Congress when the issue came up that year as part of the “Contract with America”. Not online, unfortunately, are most of the relevant sections from The Litigation Explosion, which argues at length for the loser-pays idea, especially chapter 15, “Strict Liability for Lawyering”.
Archived lead paint items, pre-June 2003
Archived entries before July 2003 can also be found here.
2003: “Stuart Taylor, Jr. on lead paint litigation“, Mar. 5-7.
2002: “R.I. lead paint case goes to jury“, Oct. 28-29 (& Oct. 30-31: mistrial).
2001: “From the paint wars: a business’s demise, a school district’s hypocrisy“, Nov. 13; “Forbes on lead paint suits, cont’d“, Jun. 8-10; “Ness monster sighted in Narragansett Bay” (Rhode Island, Ness Motley), Jun. 7 (& see Dec. 27-28, 1999 re R.I.); “Reparations: take a number“, Apr. 17 (& see Olson, Reason, Nov. 2000); “‘Painting the town — with lawsuits’“, Mar. 7-8; “‘Bogus’ assault on Norton“, Jan. 18.
2000: “The right to be poisoned“, Nov. 30; “A job offer for the judge“, Sept. 25-26 (see also April 12, 2001); “Maryland: knowledge, notice not needed to sue landlords over lead“, Apr. 24; “Game over four decades ago: let’s change the rules” (retroactive Md. legislation), Mar. 15; see also Baltimore Sun special coverage); “New York court nixes market-share liability for paint“, Jan. 17.
1999: “‘The Dutch Boy isn’t Joe Camel’“, Nov. 10; “Covers the earth with litigation“, Oct. 14.
Archived tobacco items, pre-July 2003
Florida class action (Engle), 2003: “A $710 million loose end“, Jun. 24; ““Trial lawyers get spanked’“, May 24-26; “Court overturns $145 billion Engle award“, May 22-23. 2001: “Angles on Engle“, May 24. 2000: “‘Not even thinking about’ fees“, Aug. 11-13; “Smoking and responsibility: columnists weigh in“, Jul. 28-30; “‘Poll: majority disapprove of tobacco fine’“, Jul. 24-25; “Florida verdict: more editorial reaction“, Jul. 24-25; “Smoking and responsibility: columnists weigh in“, Jul. 28-30; Editorial roundup“, Jul. 19-20; “Florida tobacco verdict“, July 18; “Tobacco: why stop at net worth?” (punitive damage rulings by judge), Jul. 10; “Another Mr. Civility nominee” (Stanley Rosenblatt), Jun. 2-4. 1999: “$49 million lawyers’ fee okayed in case where clients got nothing” (secondhand smoke class action), Sept. 28; “Personal responsibility takes a vacation in Miami“, Jul. 8; “The Florida tobacco jurors: anything but typical“, Wall Street Journal, Jul. 12, 1999.
Tobacco fees reconsidered, 2003: “Senate panel nixes tobacco-fee clawback“, May 9-11; “Feds indict former Texas AG“, Mar. 8-9; “‘Not a pretty picture’“, Jan. 10-12. 2002: “Judge overturns $1.3 billion tobacco fee award” (Castano Group), Sept. 27-29; “Welcome Fox News viewers/ readers“, Aug. 2-4; “Tobacco fees: one brave judge” (New York), Jul. 30-31 (& Aug. 2-4, Jun. 21-23, Oct. 16-17, Oct. 25-27, 2002; Feb. 11 & Jun. 6-8, 2003; May 11, 2001).
“‘Lawyers who won $10 bil. verdict had donated to judge’“, Apr. 30, 2003; “A bond too far“, Apr. 4-6; “Appeals bonds, again“, Apr. 2-3; “Mad County pays out again” (“light” cigarette class action), Mar. 24, 2003.
“‘Nanny Bloomberg’” (NYC smoking ban), Oct. 22, 2002.
Tobacco fees, state by state, 2003: “‘Law firms in tobacco suit seek $1.2b more’” (Mass.), May 19 (& Jan. 2-3, 2002, Dec. 22, 1999); “Feds indict former Texas AG“, Mar. 8-9 (& May 22, Sept. 1-3, 2000; Jun. 21, Aug. 29-30, Nov. 12, 2001, Jul. 15, Jul. 30-31, 2002; Jan. 10-12, 2003). 2002: “Judge overturns $1.3 billion tobacco fee award” (Castano Group, California), Sept. 27-29; “Tobacco fees: one brave judge” (N.Y.), Jul. 30-31 (& Aug. 2-4, Jun. 21-23, 2002, Oct. 16-17, 2002, Feb. 11, 2003, May 11, 2001); “Dewey deserve that much?“, Mar. 6; “Mass., Ill., NYC tobacco fees“, Jan. 2-3. 2001: “Michigan tobacco fees“, Sept. 19-20; “Tobacco-fee tensions” (Fla. resumes investing in tobacco cos.), Jun. 21 (& letter to editor, Jul. 6); “Missouri’s tagalong tobacco fees“, Jun. 5 (& Sept. 21, 2000); “‘Lungren now a paid advocate for his former foes’” (Calif.), Apr. 5; “(Another) ‘Monster Fee Award for Tobacco Fighters’” (Calif. cities and counties), Mar. 21-22; “Reclaiming the tobacco loot“, Mar. 15; “Lawyers get tobacco fees early“, Mar. 5; “Tobacco arbitrator: they all know whose side I’m on“, Feb. 16-19. 2000: “Beehive of legal activity: Utah tobacco fees“, Nov. 6; “South Carolina tobacco fees: how to farm money“, Oct. 25; “Gore amid friendly crowd (again)” (Fla.), Apr. 12 (& “Dershowitz’s Florida frolic?“, Jul. 17; also see Dec. 8-10, 2000, Aug. 8-9, 2000, Dec. 27-28, 1999); “Sooner get rich” (Oklahoma), Jun. 7; “‘Lawyers’ tobacco-suit fees invite revolt’” (Ohio), May 23; “North Carolina (& Kentucky & Tennessee) tobacco fees“, May 2; “Connecticut AG has ‘no idea’ whether lawyers he hired are overcharging“, Feb. 3 (& update Feb. 16); “Pennsylvania tobacco fees: such a bargain!“, Jan. 10 (& Oct. 24, 2002). 1999: “Maryland’s kingmaker” (Peter Angelos), Oct. 19 (& Dec. 9, 1999, Oct. 16-17, 2000, June 21, 2001, Apr. 10, 2002); “Illinois tobacco fees“, Oct. 16-17; “My dear old tobacco-fee friends” (Kansas AG, like Connecticut’s, gave tobacco business to her old law firm), Oct. 11 (see also Sept. 21, 2000); “Boardwalk bonanza” (N.J.), Oct. 1-3; “News judgment“, Aug. 6; “Puff, the magic fees” (Wisc.), Jul. 13.
Tobacco-fee tycoons, 2003: “Class action lawyer takes $20 million from defendant’s side” (Joseph Rice), Mar. 15-16; “‘Not a pretty picture’“, Jan. 10-12; 2002: “Rumblings in Mississippi” (Scruggs, Minor), Oct. 9-10 (& Nov. 6); “Judge overturns $1.3 billion tobacco fee award” (Castano Group), Sept. 27-29. 2001: “Settle a dispute today” (O’Quinn vs. Jamail), Sept. 18; “Ness monster sighted in Narragansett Bay” (Rhode Island, Ness Motley), Jun. 7 (& see Oct. 6-9, 2000, July 17, 2000, Nov. 1, 1999). 2000: “Punch-outs, Florida style” (Robert Montgomery), Nov. 17-19 (& see Aug. 8, April 12, 2000; Aug. 21-22, 1999); “Friend to the famous” (Williams Bailey), Oct. 12; “Senator Lieberman: a sampler” (voted to curb tobacco fees), Aug. 8-9; “Trial lawyer candidates” (Minnesota’s Ciresi), Jul. 6 (& update Sept. 15-17; loses primary bid); “‘Lawyers’ tobacco-suit fees invite revolt’” (USA Today editorial), May 23. 1999: “Who’s afraid of Dickie Scruggs?“, Dec. 2; “Maryland’s kingmaker” (Peter Angelos), Oct. 19 (& Dec. 9, 1999, Oct. 16-17, 2000, June 21, 2001); “The Marie Antoinette school of public relations” (tobacco lawyers pose for photo shoot on their yachts, horse farms, etc.), Aug. 21-22; and see lawyers’ campaign contributions.
Humor: “Dave Barry on tobacco settlement, round III“, Sept. 16-17, 2002; “Dave Barry on tobacco suits, round II“, March 16, 2000; “Dave Barry on federal tobacco suit“, Oct. 26, 1999; “Cartoon that made us laugh” (“….We can’t take those off the market! Dangerous products are a gold mine for the government!”), Jan. 21-23, 2000.
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Terms of state tobacco settlement, 2003: “Appeals bonds, again“, Apr. 2-3. 2002: “We did it all for the public health, cont’d” (Alabama devotes more proceeds to tobacco farmers than to smoking reduction), Aug. 22; “Tobacco settlement funds go to tobacco promotion” (N.C.), Jun. 28-30; “‘Bush budget surprise: $25M for tobacco suit’” (Martha Derthick, Up in Smoke), Feb. 20. 2001: “Tobacco-fee tensions” (Fla. resumes investing in tobacco cos.), Jun. 21 (& letter to editor, Jul. 6); “Reclaiming the tobacco loot“, Mar. 15; “Push him into a bedroom, hand him a script” (Bill Clinton testimonial for tobacco lawyers), Mar. 9-11; “Lawyers get tobacco fees early“, Mar. 5; “Tobacco arbitrator: they all know whose side I’m on“, Feb. 16-19; “Safer smokes vs. the settlement cartel“, Feb. 7-8. 2000: “Missouri tobacco fees“, Sept. 21, 2000; “Tobacco- and gun-suit reading” (Stuart Taylor, Jr.), Aug. 21-22, 2000; “Challenging the multistate settlement“, Jul. 17, 2000. 1999: “‘Few Settlement Dollars Used for Tobacco Control’“, Dec. 27-28; “Tobacco bankruptcies, and what comes after” (state gov’ts, trial lawyers would become cigarette producers), Dec. 13; “How the tobacco settlement works” (the more cigarettes sold, the more money states get), Nov. 2; “Addictive tobacco money” (states sued over alleged burden on their taxpayers — so are they using the proceeds to cut taxes?), Sept. 7; “Collusion: it’s an AG thing” (terms of settlement cartelize cigarette industry), Jul. 29. Also see Walter Olson, “Puff, the magic settlement“, Reason, Jan. 2000.
“‘Tough tobacco laws may not deter kids’“, Jun. 7-9, 2002; “Blind newsdealer charged with selling cigarettes to underage buyer“, Sept. 16, 1999.
“Sin-suit city” (Banzhaf), Jun. 10, 2002.
“Ad model sues tobacco company“, May 1-2, 2002.
“Australian party calls for banning smoking while driving“, Jun. 3-4, 2002; “‘Positive nicotine test to keep student from prom’” (over-18 student, off-premises consumption), Apr. 26-28, 2002 (& update May 10-12: school backs down); “Judge orders woman to stop smoking at home“, Mar. 27-28, 2002; “‘Smokers told to fetter their fumes’” (smoking in homes that bothers neighbors), Nov. 26, 2001; “Utah lawmakers: don’t smoke in your car” (when kids present), Oct. 5-7, 2001; “Apartment smoking targeted“, Jan. 3, 2000.
“Australian party calls for banning smoking while driving“, Jun. 3-4, 2002 (document retention case); “International tobacco suits: not quite such easy pickings“, Feb. 1-3, 2002; “‘Saudi Arabia finally gets tough on terrorism!’“, Dec. 10, 2001; “More from Judge Kent” (Bolivian suit), Aug. 3, 2001; “Smoker’s suit nixed in Norway“, Dec. 18-19, 2000; “They call it distributive justice” (government of Saudi Arabia sues tobacco cos.), Nov. 16, 2000; “Spreading to Australia?“, Dec. 29-30, 1999; “Israeli court rejects cigarette reimbursement suit“, Oct. 7, 1999.
“Veeps ATLA could love” (Durbin, D-Ill., as guardian of tobacco lawyers’ fees), July 7, 2000 (& see Apr. 25, 2002).
“Competing interests: none declared”. “The unconflicted Prof. Daynard“, April 21-23, 2000 (& update: letters, Jan. 2001, June 2001; Aug. 2, Dec. 17, 2001).
Federal tobacco suit: our views: “‘Bush budget surprise: $25M for tobacco suit’“, Feb. 20, 2002; “Judge throws out half of federal tobacco suit“, October 2, 2000; “Good news out of Washington…” (House votes to cut off funding for suit), June 21, 2000 (& update June 26: action reversed, funds approved); “Feds: dissent on smoking = racketeering“, Sept. 23, 1999; “Guest column in Forbes by Overlawyered.com‘s editor“, Oct. 25, 1999.
“Prison litigation: ‘Kittens and Rainbows Suites’” (cellmate’s smoking violates rights), Jan. 11-13, 2002.
Boeken v. Philip Morris: “Boeken record“, June 19, 2001; “$5,133.47 a cigarette“, Jun. 11, 2001; “Tobacco plunder in Los Angeles” ($3 billion damage award), Jun. 8-10, 2001.
Federal tobacco suit: others’ views: “Columnist-fest” (Jacob Sullum), Jun. 22-24, 2001; “Blatant end-runs around the democratic process” (former Labor Secretary Robert Reich), Jan. 15-16, 2000; “Dave Barry on federal tobacco suit” (plus novelist Tom Clancy’s critique), Oct. 26, 1999; “‘This wretched lawsuit’” (Jonathan Rauch in National Journal ), Oct. 13, 1999; “Feds’ tobacco shakedown: ‘A case of fraud’“, Sept. 29, 1999 (roundup of editorial pages); “Feds as tobacco pushers” (columnist Andrew Glass recalls encouragement of smoking in U.S. Army), Sept. 24, 1999; “Hurry up, before the spell breaks” (leading plaintiff’s lawyer wants feds to sue fast since public losing interest), Sept. 24, 1999.
Regulation by litigation: “Tobacco- and gun-suit reading” (law prof Michael Krauss), Aug. 21-22, 2000; “Convenient line at the time” (tobacco is unique, said state attorneys general — sure), May 15; “Stuart Taylor, Jr., on Smith & Wesson deal” (“Guns and Tobacco: Government by Litigation”), Apr. 11, 2000; “Arbitrary confiscation, from Pskov to Pascagoula” (Michael Barone in U.S. News on threat to rule of law), Jul. 24-25, 1999; “Guns, tobacco, and others to come” (Peter Huber in Commentary on the new mass-tort cases as “show trials”), Jul. 20; “‘A de facto fourth branch of government’” (prominent trial lawyer Wendell Gauthier’s view of plaintiff bar’s role), Jul. 4, 1999.
“Dewey deserve that much?“, Mar. 6, 2002; “Health plans rebuffed in bid to sue cigarette makers“, Jan. 11, 2000.
“Terrorists, American business execs compared“, Sept. 28-30, 2001.
“Columnist-fest“, Jun. 22-24, 2001 (Amity Shlaes on asbestos synergy case); “Best little forum-shopping in Texas” (state’s Medicaid suit got filed in Texarkana, contributing $6.1 million to local economy), Aug. 27, 1999.
“The Kessler agenda” (former FDA chief calls for cigarette ban), Jan. 12-14, 2001; “Kessler rebuked” (FDA claim of authority over tobacco), March 27, 2000.
“Updates” (baby Castano suit nixed in N.Y.), Dec. 26-29, 2000.
“Wal-Mart’s tobacco exposure“, Sept. 25-26, 2000; “The Wal-Mart docket” (sued over tobacco sales), July 7, 2000.
“Another billion, snuffed” (antitrust lawsuit between snuffmakers), May 10, 2000.
“Hollywood special: ‘The Insider’“, Mar. 30, 2000.
“Because they still had money” (Hausfeld’s price-fixing suit), Mar. 2, 2000.
“Tobacco lawyers’ lien leverage“, Feb. 29, 2000.
“Feds’ tobacco hypocrisy, cont’d: Indian ‘smoke shops’“, Jan. 25, 2000; “Do as we say, please” (Indian tribes, after profiting immensely from tax-free smoke shops, turn around and sue suppliers), Jul. 14, 1999.
“The joy of tobacco fees“, Jan. 20, 2000.
“Calif. state funds used to compile ‘enemies list’“, Jan. 5, 2000.
“‘Trial lawyers on trial’” (Trevor Armbrister, Reader’s Digest), Dec. 23-26, 1999.
“Philadelphia Inquirer Tech.life: ‘Web Winners’” (this page is recommended), Dec. 15, 1999.
“Ohio tobacco-settlement booty“, Nov. 8, 1999.
“Public by 2-1 margin disapproves of tobacco suits“, Nov. 5-7, 1999.
“Not-so-Kool omen for NAACP suit“, Nov. 1, 1999.
“Minnesota to auction seized cigarettes“, Oct. 21, 1999.
“Reform stirrings on public contingency fees“, Oct. 15, 1999.
“Big guns” (tobacco example shaped gun litigation), Oct. 5-6, 1999.
“Plus extra damages for having argued with us” (“lesson of tobacco”: you can get punished for defending your product), Aug. 19, 1999.
“‘Settlement bonds’: are guns next?” (how Wall Street finances expropriation of industries), Aug. 5, 1999.
Do the tobacco wars that began in the mid-1990s represent an unprecedented triumph for public health? Are they an inevitable response to legislative gridlock on smoking policy? Or are they our legal system’s own updated version of the Gilded Age scandals that brought American government into disrepute a century ago, siphoning billions of dollars of publicly obtained money into the hands of politically connected attorneys? Commentaries on Overlawyered.com (above) may help you decide. In the mean time, the following links offer a way into the wider tobacco controversy:
Anti-tobacco groups, most of which are supportive of litigation as well as other coercive government actions aimed at curtailing tobacco sale and use, are well represented on the web. They include Tobacco.org, federally funded antitobacco activist Stanton Glantz’s Tobacco Control Archives, Americans for Non-Smokers’ Rights, Action on Smoking and Health, and the American Council on Science and Health. Tobacco.org’s links list is especially comprehensive. The empire associated with Prof. Richard Daynard, participant in tobacco suits, oft-quoted expert, and professor at Northeastern U., includes the Tobacco Products Liability Project and Tobacco Control Resource Center, as well as the State Tobacco Information Center. The Castano Group, a vast joint venture of trial lawyers cooperating to file tobacco class actions, maintains a website that is distinctly uninformative (unless you’re a lawyer/member or a cooperative pressie).
Relatively neutral sites include Yahoo Full Coverage.
Critics of the anti-tobacco crusade often note that it curtails individual liberty, freedom of contract and freedom of association. As part of its Breaking Issues series (“Fining Smokers“), Reason magazine includes a list of online articles skeptical of the government’s role in the tobacco field, while Reason senior editor Jacob Sullum is the author of 1998’s For Your Own Good : The Anti-Smoking Crusade and the Tyranny of Public Health. At the libertarian-oriented Cato Institute, Robert Levy has criticized “The Tobacco Wars“, written that “States Share Blame for Tobacco Lawyers’ Greed“, and called tobacco settlements “Dangerous to Your Liberty“; the state Medicaid suits, he argues, are “Snuffing Out the Rule of Law“. Cato’s Jerry Taylor describes the battle as “The Pickpocket State vs. Tobacco“. “The Anti-Tobacco Crusade” by Joseph Kellard, Capitalism magazine, March 1998, argues from a viewpoint supportive of Ayn Rand’s Objectivism. In Colorado, the Independence Institute maintains a Center for Personal Freedom run by Linda Gorman which draws the connection to other paternalist crusades on issues like drinking, seatbelt use and mandatory helmet laws. The Heritage Foundation’s Todd Gaziano makes the case that a proposed federal lawsuit against tobacco companies is “elevating politics over law” (July 30, 1999 Backgrounder). Overlawyered.com‘s editor has taken exception to the retroactivity of the crusade, to its manipulative treatment of children, and to the hardball or demagogic tactics used in the Castano and Engle cases. Rep. Chris Cox (R-Calif.) delivered a notable critique of the tobacco litigation at a Congressional hearing held Dec. 10, 1997 (no longer online).
An extensive site offering an aggressive defense of smoking and smokers, along with a large collection of links, is Forces International (“Fight Ordinances and Restrictions to Control and Eliminate Smoking”).
Archived politics items, pre-July 2003
“A tangled Mississippi web“, Jun. 16-17, 2003; “Mississippi investigation heats up“, May 7, 2003; “‘High court judge had use of condo owned by group that includes trial lawyer’“, Oct. 11-13, 2002; “Rumblings in Mississippi“, Oct. 9-10, 2002.
Sen. Edwards, 2003: “More on Edwards’ law-firm donations“, May 8; “Edwards leads in fund raising“, Apr. 7-8; “‘Edwards doesn’t tell whole story’“, Mar. 4 (& letter to the editor, Mar. 31). 2002: “‘Bush urges malpractice damage limits’“, Jul. 29; “‘Edwards’ fund raising a strong suit’“, Jul. 18 (& Sept. 3-4); “‘The trials of John Edwards’“, May 20-21; “What big teeth you have, Sen. Edwards“, May 1-2; “Trial lawyer smackdown!”, Feb. 20-21. 2001: “Trial lawyer president?“, Mar. 9-11. 2000: The Veep that got away”, Aug. 15.
Politicians’ ATM, 2003: “‘Lawyers find gold mine in Phila. pension cases’“, Mar. 21-23; “ATLA’s hidden influence“, Jan. 21-22. 2002: “Some election results“, Nov. 7; “Campaign roundup“, Nov. 4-5; “Pa. statehouse race: either way, Big Law wins“, Oct. 24; “Trial lawyers and politics: Michigan, Texas“, Oct. 9-10; “Last-minute friends in Texas politics“, Jul. 22-23; “Trial lawyer smackdown!” (Scruggs vs. Sen. Edwards), Feb. 20-21. 2001: “Third Circuit cuts class action fees“, Sept. 25-26; “‘Trial lawyers derail Maryland small claims reform’” (Gov. Parris Glendening), July 25; “Villaraigosa and the litigation lobby” (Calif. assembly speaker), June 18; “Ness monster sighted in Narragansett Bay” (Rhode Island contributions by Ness Motley), June 7; “‘Nursing homes a gold mine for lawyers’” (Fla. lawyer said he probably gave $1 million to politicians last election cycle), Mar. 13-14; “‘Angelos made rare donation to GOP’” (Sen. Hatch’s campaign), Feb. 16-19; “Sen. Kennedy flies the trial-lawyer skies“, Jan. 8. 2000: “O’Quinn a top Gore recount angel“, Dec. 15-17; “California’s lucrative smog refunds” (Lerach and Gov. Gray Davis), Dec. 5; “Friend to the famous” (Williams Bailey), Oct. 12; “‘Money to burn’” (Ness Motley), Oct. 6-9; “I know [you] will give $100K when the president vetoes tort reform, but we really need it now“, Sept. 14, 2000 (& more coverage: Sept. 15-17, Sept. 19); “Clinton’s trial-lawyer speech, cont’d“, Aug. 1; “Trial lawyers give $500,000 as legislation heads to Senate floor“, Jun. 14-15; “Texas tobacco fees” (recycling into party politics), May 22; “Gore among friendly crowd (again)“, April 12; “Al Gore among friendly crowd“, Mar. 30; “‘Trial Lawyers Pour Money Into Democrats’ Chests“, Mar. 24-26; “Bill Clinton among friendly crowd“, Feb. 14; “‘Tracking the trial lawyers’: a contributions database“, Jan. 21-23 (& Sept. 25-26). 1999: “Hurry with those checks“, Dec. 1; “Give, and receive“, Sept. 25-26.
Judicial elections, 2002: “Some election results“, Nov. 7; “Campaign roundup“, Nov. 4-5; “Mudslinging in Ohio high court races“, Nov. 1-3 (& Nov. 4-5); “Ohio’s high-stakes court race“, Oct. 16-17; “Judicial selection, the Gotham way“, Oct. 15; “Rumblings in Mississippi“, Oct. 9-10. 2001: “Don’t try rating our judges, or else” (Phila.), Oct. 24-25; “‘Philadelphia judicial elections still linked to cash’“, Oct. 12-14; “‘Reflections of a Survivor of State Judicial Election Warfare’” (Justice Robert Young, Mich.), July 3-4. 2000: “More election results” (Mich., Ohio), Nov. 9; “Michigan high court races” (and earlier coverage Aug. 23-25, May 15, May 9, Jan. 31, 2000; Aug. 6, 1999); “Just had to donate” (Mississippi), Nov. 3-5; “Ohio high court races“, Oct. 30 (and earlier coverage Aug. 18, Aug. 6, 1999); “Campaign consultants for judges“, Aug. 28.
Lobbying clout: “Florida: ‘New clout of trial lawyers unnerves legislators’“, Mar. 20, 2003; “Let’s go to the tape” (ATLA lobbies Sen. Grams), Apr. 27, 2000; “House passes liability reforms“, Feb. 24, 2000; “Sixth most powerful” (Only sixth? Trial lawyers among Washington lobbies), Dec. 10, 1999; “Calif. state bar improperly spent dues on politicking“, Aug. 25, 1999.
RN, 2003: “‘Public deceit protects lawsuit abuse’“, Mar. 15-16; “ATLA’s hidden influence“, Jan. 21-22. 2002: “Nader credibility watch” (calls fast-food restaurants “weapons of mass destruction”), May 24-26. 2001: “Channeling Chomsky” (Trade Center attacks), Oct. 22 (& Oct. 1); “Trial lawyers (some of them) yank Nader funding“, Feb. 16-19. 2000: “Election special: Nader non grata“, Nov. 10-12; “Coercive capitalism?“, Nov. 6; “Election roundup” (Nader “dashboard saint” to trial lawyers), Oct. 23; “RN’s illusions“, Sept. 22-24; “Bush-Lieberman vs. Gore-Nader?“, Aug. 14; “Nader cartoon of the year“, Jul. 31; “Nader, controversial at last“, Jun. 13.
“Friends in high places, cont’d” (Kansas governor), May 5, 2003.
“Politico’s law associate suspended over ‘runner’ use” (Louisiana), Feb. 14-16, 2003.
“Trial lawyer’s purchase of Alabama governor’s house said to be ‘arm’s-length’“, Jan. 7-8, 2003.
“Friends in high places, cont’d“, May 5, 2003; “Gotham’s trial lawyer-legislators“, Dec. 13-15, 2002; “Trial lawyers’ clout in Albany“, Oct. 4, 2000.
Lawyers as candidates: “To tame Madison County, pass the Class Action Fairness Act” (Ill. Senate seat), Jun. 12-15, 2003; “Some election results“, Nov. 7, 2002; “Campaign roundup“, Nov. 4-5; “‘Wealthy candidates give Democrats hope’“, Oct. 11-13, 2002; “Trial lawyer candidates“, Jul. 6, 2000 (& update Sept. 15-17: Ciresi defeated in primary bid); “Tort fortune fuels $3M primary win” (House race in W.V.), May 11, 2000 (& updates Oct. 23, Nov. 9 (lawyer defeated); “‘Lawyer’ label hurts at polls“, Dec. 8, 1999.
“‘Morales’ $1 Million Tobacco Fee Under Fire’” (Texas), Jul. 15, 2002; “Texas tobacco fees: Cornyn’s battle“, Sept. 1-3 (& May 22, 2000, June 21, 2001, Aug. 29-30, 2001, Nov. 12, 2001).
Congress, 2003: “To tame Madison County, pass the Class Action Fairness Act” (Ill. Senate seat), Jun. 12-15. 2002: “Some election results“, Nov. 7; “Campaign roundup“, Nov. 4-5; “Durbin’s electability“, Apr. 25. 2001: “‘Angelos made rare donation to GOP’” (Hatch), Feb. 16-19; “Philadelphia juries pummel doctors” (Sen. Arlen Specter), Jan. 24-25; “Sen. Kennedy flies the trial-lawyer skies“, Jan. 8. 2000: “Litigation reform: what a Democratic Congress would mean” (comments of Rep. Patrick Kennedy (D-R.I.)), Nov. 7; “Friend to the famous” (Williams Bailey), Oct. 12; “Owens Corning bankrupt” (House Judiciary Democrats), Oct. 6-9; “Veeps ATLA could love” (Durbin, D-Ill., and Cohen, R-Me.); “Trial lawyers give $500,000 as legislation heads to Senate floor“, June 14-15.
Pres. & Sen. Clinton, 2001: “Humiliation by litigators as turning point in Clinton affair“, May 24; “Push him into a bedroom, hand him a script” (Bill’s testimonial for tobacco lawyers), March 9-11. 2000: “Friend to the famous” (Williams Bailey & HRC), Oct. 12; “I know [you] will give $100K when the president vetoes tort reform, but we really need it now“, Sept. 14, 2000 (& more coverage: Sept. 15-17, Sept. 19); “Clinton’s trial-lawyer speech, cont’d“, Aug. 1 (& “a footnote”, Aug. 2); “Clinton’s date with ATLA“, Jul. 31; “Bill Clinton among friendly crowd“, Feb. 14. 1999: “Gun litigation: a helpful in-law” (Hugh Rodham surfaces as middleman in gun cases), Oct. 25; and see 2000 campaign.
State attorneys general, 2002: “Some election results“, Nov. 7; “Campaign roundup“, Nov. 4-5; “Spitzer riding high” (N.Y.), Jun. 17-18; “Microsoft case and AG contributions“, Apr. 3-4; “Like father, like daughter?” (Lisa Madigan, Ill.), Jan. 7-8. 2001: “Vast new surveillance powers for state AGs?” (“biggest showboaters in American politics”), Sept. 25-26. 2000: “Ness Motley’s aide-Gregoire, July 17; “Rewarded with the bench” (Connecticut AG Blumenthal), June 12. 1999: “Illinois tobacco fees“, Oct. 16-17; “My dear old tobacco-fee friends” (Kansas attorney general picks her old law firm for lucrative contract suing tobacco firms), Oct. 11; and see state tobacco fees.
“Judicializing politics (cont’d)“, Jun. 19-20, 2002; “Unlikely critic of litigation” (Larry Klayman, Judicial Watch), Apr. 16-17, 2002.
“‘”Little” done for firm, Rendell says’” (law firms provide no-show jobs for politicians), May 9, 2002.
“Texas trial lawyers back GOP PAC“, Mar. 12, 2002.
“Third Circuit cuts class action fees“, Sept. 25-26, 2001; “ABA thinks it can discourage pay-to-play“, Aug. 11, 1999.
“Update: Alabama high court reverses convction in campaign-tactics case“, Jul. 7, 2001; “Update: Alabama campaign-tactics case“, Aug. 31, 2000; “‘Bama bucks“, Nov. 16, 1999; “Alabama story goes national“, Sept. 1; “Playing rough in Alabama“, Aug. 26, 1999.
“Chapman, Broder, Kinsley on patients’ rights” (Kinsley: “pretty true” that Democratic Party in lawyers’ pocket), Jun. 28.
“‘Lender hit with $71M verdict’” (Mississippi legislators), Jun. 15-17, 2001.
“‘The last tycoon’” (Peter Angelos), April 12, 2001; “Czar of Annapolis, and buddy of Fidel“, Dec. 9, 1999; “Maryland’s kingmaker“, Oct. 19, 1999.
“Trial lawyer heads Family Research Council“, Mar. 2-4, 2001.
Archived entries on the 2000 presidential race and recount can be found here.
“Monitor vote fraud, get sued for ‘intimidation’“, Oct. 24, 2000.
“New page on Overlawyered.com: trial lawyers and politics” (this page launched), Jul. 28-30, 2000.
“Lenzner: ‘I think what we do is practice law’” (private investigator’s tactics), Jul. 28-30, 2000.
“Trial lawyers’ political clout“, May 8, 2000.
“Progressives’ betrayal” (Jonathan Rauch), Apr. 4, 2000; “Trial lawyers on trial” (Reader’s Digest), Dec. 23-26, 1999; “The reign of the tort kings“, Oct. 26; “Arbitrary confiscation, from Pskov to Pascagoula” (Michael Barone), Jul. 24, 1999.
“Pro-litigation measures on California ballot“, March 6, 2000 (update Mar. 8: measures defeated).
“From the Spin-To-English Guide” (“access to justice” rhetoric), Oct. 25, 1999.