As if trial lawyers didn’t already have enough good friends in the U.S. Senate, Democratic challenger and former state attorney general Sheldon Whitehouse is making a strong bid to unseat incumbent Lincoln Chafee for a Senate seat from Rhode Island. (Jim Baron, “Poll: Senate race even; Gov. surges”, Pawtucket (R.I.) Times, Oct. 3; “Democrats bet on former attorney general to take back Senate seat”, AP/WPRI, Sept. 14). Of the fifty state attorneys general, Whitehouse was the only one willing to sign up for the Motley Rice law firm’s crusade to attach retroactive liability to former makers of lead paint and pigment; see Jun. 7, 2001, Oct. 30-31, 2002, Mar. 5-7, 2003, Feb. 23, 2006, etc. For more on Whitehouse’s enthusiasm for such creative litigation, see Oct. 26, 1999 (latex gloves).
Posts Tagged ‘politics’
Florida reform in trouble?: Jeff Kottkamp
Florida has staggered towards reform in the last few years under Governor Jeb Bush, bush GOP candidate Charlie Crist’s running mate, Jeff Kottkamp, is a trial lawyer, reform opponent, and plaintiff in a ludicrous suit blaming a hospital construction contractor for medical complications he had following heart surgery. (John Kennedy, “GOP candidate breaks rank on tort reform”, Sun-Sentinel, Oct. 5) (via Childs). Earlier coverage: Sep. 18 and links therein.
Elsewhere in Florida, the Florida Supreme Court has essentially undone a 2004 reform voters passed in a referendum (Nov. 3, Mar. 1: it will allow attorneys to avoid the effect of a constitutional amendment capping medical malpractice attorneys’ fees, so long as their clients sign a waiver saying they’re willing to pay more. (Aaron Deslatte, “Court lets lawyers bypass lawsuit cap”, Tallahassee Democrat, Sep. 29). I actually applaud this step to the free market, but just wish doctors had the same rights to get their patients to sign waivers. Apparently courts and consumer advocates are willing to trust only lawyers with the freedom of contract or speech.
Lying with statistics: Public Citizen edition
Businesses “More Likely to Sue Frivolously” trumpets Bizarro-Overlawyered and Greedy Trial Lawyer, quoting a Public Citizen report. Except not even the Public Citizen report supports this claim, and no mathematically-literate person reading the report could think so.
Judicial elections and the New York Times
For decades, plaintiffs’ attorneys and labor unions have worked together to elect judges favorable to their interests, and for decades, these elected judges have systematically moved American law in a direction unrecognizable and ridiculed in the rest of the world to create a tort system that takes up a share of the economy more than twice as large as any other Western nation. In response, the business community started supporting judges who had track records of actually following the law; the electorate tended to support these judicial candidates over the plaintiffs’ bar’s candidates. Because these judges aren’t in the pockets of the plaintiffs’ bar, they don’t reflexively vote for the meritless positions taken by the litigation lobby—and now the New York Times and the press suddenly finds it interesting that judges face elections where they fund-raise, and that campaign funds are more likely to be donated to candidates who are sympathetic to the funder’s view of the law. (Adam Liptak and Janet Roberts, “Campaign Cash Mirrors a High Court’s Rulings”, New York Times, Oct. 1).
Oprah for President? Cease and desist
Attorneys for the talk show host have fired off a cease and desist letter to retired Kansas City teacher Patrick Crowe, 69, over his efforts to draft her as a presidential candidate. In addition to demanding that he surrender his website oprah08.net (which lands visitors on this site) and give up his toll-free number 1-866-OPRAH08, the letter (courtesy Smoking Gun) insists (p. 2) that Crowe “refrain from using any and all references in any vehicle (including, without restriction, websites), for any reason, to Ms. Winfrey” or her properties. (Matt Campbell, “Quest to elect Oprah becomes publicity opera”, McClatchy/ Seattle Times, Sept. 23; Andrew Buncombe, “Oprah blocks bid to make her President”, The Independent (U.K.)/Belfast Telegraph, Sept. 22). Ann Althouse comments: “would Oprah be a good President? I think she’s too litigious.” (Sept. 24).
Chant and wave placards? Not without insurance you don’t
In Valparaiso, Indiana, Martha Seroczynski stages weekly protests at the county courthouse against the war in Iraq. The Porter County Board of Commissioners has asked her to show proof of homeowner’s insurance and name the county as an additional insured. It’s a county policy of some years’ standing; “Valparaiso Elks Club member Jeanie Stevens said her organization was required to show proof of insurance for its Flag Day ceremony on June 14 at the square.” Ms. Seroczynski’s insurer, however, has raised objections, and that’s aside from the question of why having insurance should be a prerequisite for the right to protest in the first place. County attorney Gwenn Rinkenberger has attempted to resolve the problem by asking Ms. S to sign a waiver promising not to sue the county if injured, but she refuses. “Her right to protest does not relieve us of our responsibility to protect the liability of the other 140,000 citizens of this county,” County Commissioner John Evans has said. (“War protester asked for insurance proof to continue protests”, AP/Fort Wayne (Ind.) News-Sentinel, Aug. 27; Robyn Monaghan, “Protester furor fuels free speech debate”, Northwest Indiana Times, Sept. 6).
Upwardly mobile GOP trial lawyers, cont’d
Florida gubernatorial nominee (and incumbent state AG) Charlie Crist (Feb. 3) has picked Jeff Kottkamp, a “mostly conservative” state representative, to be the party’s nominee for lieutenant governor. Kottkamp, a plaintiff’s lawyer, was the only Republican to break ranks and vote against joint-and-several liability reform. (Brian E. Crowley, “Conservative trial lawyer joins Crist on GOP ticket”, Palm Beach Post, Sept. 14). See also Aug. 18, 2005, and other related: May 21 and Jan. 17, 2006, as well as Ted’s of Aug. 22, 2005, etc.
Election focus: Trial lawyers target Heather Wilson (R-NM)
The Democratic candidate, Patricia Madrid, is state attorney general and a former trial attorney; ATLA has provided her campaign $10,000 (among the $430,000 in trial lawyer contributions) and made an extensive ad buy. (Wilson press release, Aug. 31) Madrid’s office has been using taxpayer money to blanket the state with mailed pamphlets trumpeting recent settlements by the AG’s office, prominently featuring the same photo she uses on her campaign site. (Steve Terrell, “Roundhouse Roundup”, The New Mexican, Aug. 31).
The war over “W”
The wildly popular oval “W” stickers sported nationwide by supporters of President Bush’s 2004 re-election bid are at the center of a federal copyright case in Texarkana. This week, a judge set a Nov. 7 trial date.
Jerry Gossett of Wichita Falls claims the stickers are based on his idea, which he copyrighted in 2001. He accuses the Republican National Committee and campaign material maker Spalding Group of stealing his concept after he pitched it to them.”
A plaintiff’s expert has estimated damages at $100 million, defense attorneys said….
Texarkana, where Bill Clinton appointee David Folsom presides as the federal judge, has a reputation as a plaintiff-friendly venue, but Altman [Gossett attorney William Altman of Wichita Falls] said he simply sought a speedy docket.
(Mark Babineck, “Designer of a Bush logo seeks a ‘W’ in courtroom”, Houston Chronicle, Sept. 9).
Eating their own: Fred Baron v. Baron & Budd
Apparently there is no honor among thievesplaintiffs’ attorneys. The Texas Shark Watch Blog tells us that John Edwards’ money-man, Fred Baron, has sued his former law firm:
Never one to overlook any conceivable cause of action, Baron alleges in his petition filed in Dallas state district court breach of contract, breach of fiduciary duty, conspiracy to breach fiduciary duty, tortious interference, conspiracy to tortious interference, fraud or alternatively negligent misrepresentation, conspiracy to fraud, fraudulent transfer, conversion, legal malpractice, negligence, unjust enrichment, and alternatively promissory estoppel or quantum meruit.
The blog has much more about plaintiffs’ bar involvement in Texas politics, including the use of over a million dollars of trial-lawyer money to support the independent-Republican candidacy of Carole Strayhorn, presumably to split the Republican vote and unseat a governor who has done much for reform. Efforts by trial lawyers to supplant reform-friendly Republican legislators with their own stalking-horse candidates in Republican primaries were unsuccessful, however.