January 2nd, 2007

Spitzer Advocates for Judicial Reform in New York

In the world of New York and the law, there is really only one story in today’s paper: Crusading former attorney general Eliot Spitzer being sworn in as Governor, with vows to reform the state and improve the troubling ethical issues that he sees in Albany. And to pick better judges, (a subject overlooked by most of the media).

In making his reforms immediately by executive orders, he stopped government staffers from using state-owned cars, computers or other property for their personal business. This was the issue that brought down Comptroller Alan Hevesi.

Spitzer also prohibited state officials from starring in taxpayer-paid advertisements. This was a favorite activity of outgoing Gov. George Pataki that effectively acted as free advertising for him.

Spitzer also, thankfully, set up new procedures to ensure those seeking state judgeships are qualified. A copy of his executive order with respect to new judicial screening committees can be found here. It includes folks from the judiciary and the attorney general’s office, and from both majority and minority political parties.

The screening committees seem designed to find judges based more on core competence than political ideology. And that would be a very good thing.

[Addendum: On January 3rd, the New York Law Journal did a major front page story on judges Gov. Pataki elevated to appellate posts and their lack of diversity, which I posted about here.]

December 21st, 2006

Man who sparked euthanasia debate dies

It isn’t quite New York personal injury law, but sufficiently interesting to deserve note: An Italian patient that wanted to die by being pulled off his respirator. Since we see “right to die” issues all the time where medicine meets the law, I wanted to share this one:

ROME – A paralyzed man at the center of a right-to-die debate in this overwhelmingly Roman Catholic nation died after he was taken off his respirator, days after an Italian court issued a contentious ruling in the case.

Piergiorgio Welby, 60, died late Wednesday, said Dr. Mario Riccio, the physician who removed the respirator. Riccio said Thursday that Welby had a constitutionally guaranteed right to refuse treatment.

“This must not be mistaken for euthanasia. It is a suspension of therapies,” said Riccio, who volunteered to remove the respirator and was not involved in Welby’s medical care. “Refusing treatment is a right.”

…

On Saturday, a Rome judge recognized Welby’s right to refuse treatment but ruled that doctors were not obligated to take measures that would result in the patient’s death — even at the patient’s request.
…

U.S. law generally permits patients to ask that medical treatment be withheld or withdrawn, even if it raises their risk of dying. Voters in Oregon went further and approved the first physician-assisted suicide law in the U.S. in 1994, but it is now under legal challenge.

In 2001, the Netherlands became the first country to legalize voluntary euthanasia — where patients are killed at their request to ease suffering, even in cases where they might survive without treatment. Belgium legalized it under strict conditions in 2002.

December 17th, 2006

National Trial Lawyer Group Changes Name

This past week, the Association of Trial Lawyers of America (ATLA), of which I am a member, changed its name to the American Association for Justice. Below, is their explanation:

Dear Colleague:

On December 11, we are entering an exciting new chapter in our association’s history. We will officially change our name to the American Association for Justice.

This change was approved overwhelmingly by ATLA’s Board of Governors in June and by ATLA’s membership at our annual convention in July.

Changing our name to the American Association for Justice is an important step in our campaign to protect and strengthen the civil justice system.

It better articulates what we do: fight to ensure that every person has access to justice and can get a fair shake.

Our opponents – the drug and oil industries, big insurance companies and other large corporations – have spent billions of dollars over the past decades to wage an unprecedented attack on justice. Their plan is simple. They want to eliminate the only thing left holding them accountable – the civil justice system, often the last resort for many Americans.

As attorneys, we work to make sure any person who is injured by the misconduct and negligence of others can get justice in the courtroom, even when taking on the most powerful interests.

Our new name – the American Association for Justice – more accurately reflects our role as advocates for justice. It will further allow us to reframe the debate in the court of public opinion – just like we do every day in the courtroom.

I look forward to moving together in this exciting new direction.

Sincerely,

Lewis S. “Mike” Eidson

This ATLA (now AAJ) member approves. The focus of the organization should not be on us, but on the principles and people that we represent.

November 17th, 2006

The purpose of the New York Personal Injury Law Blog

This blog is inaugurated and dedicated with a simple message — that while the law is often complex, it need not be. It is my intention to discuss cases of interest for New York personal injury lawsuits, pending legislation and other matters of public interest in the same style that I try cases in the courtroom. Simply. If I can take the inner workings of the human body and make them understandable to lay jurors while trying a medical malpractice case, I ought to be able to make the law understandable here. At least that’s the theory.