Category Archives: tort reform

 

February 3rd, 2010

John Stossel, You Gotta Love Him


Now I know what you’re thinking with this headline: “John Stossel? You love the guy? He is always whining about trial lawyers, how can you love him?”

No, really, I do. Because for a writer, hypocrites like Stossel are like manna from heaven. This story is inspired by a little fluff interview with New York Magazine earlier today where this question and answer appeared:

Who is your mortal enemy?
Smug, ignorant, and arrogant Upper West Side Lefties and personal-injury lawyers

Awww, isn’t that cute. Johnny-boy wants to kill me and all the other personal injury attorneys in the country. We’re his “mortal enemy.”

The guy must have been sued big time and got clobbered to have that type of hissy fit. Oh wait. It was the other way around.

That’s why Stossel is so much fun to write about. You see, he was the plaintiff in a lawsuit after professional wrestler Dave Schultz slapped him twice. But he didn’t just sue the wrestler that smacked him down, but the World Wrestling Federation as well. The case reportedly settled for $400,000. Here is the video of the two slaps (with an out take above):


So what happened to change his mind? Usually, I refer to tort “reformers” as people who have never been seriously injured by the negligence of another. The hypocrites suddenly see the light when they become injured.

So here’s my list of theories on why Stossel flipped backward after being compensated for his injury:

1. He wasn’t seriously injured, but claimed that he was, and therefore assumes others that make claims are just like him;

2. He hated his own attorney, and therefore assumes others are just like him or her;

3. He realized that beating up on lawyers is super easy to do because when we defend ourselves we sound like, well, lawyers;

4. If you shill for big business, you get lots of speaking fees for conventions.

5. Since the time of that incident, he’s been sued or threatened with suit a number of times and isn’t too keen on being on the other side. From a profile on Stossel comes these revealing incidents that tend to support the “I hate being on the other side” theory:

Accuracy isn’t one of Stossel’s strong suits. He’s admitted to making a number of serious mistakes in the past, he’s been sued in connection with his reporting, and the “research” he’s used to prop up his arguments has been routinely debunked by leading academics. In 2000, for example, Stossel declared that organic produce was worse for you than conventional fruits and vegetables; it turned out his report had been based on faulty research and he was forced to issue a public apology. When he argued that global warming was a myth, no less than 104 Nobel Prize winners took him to task. (For his part, Stossel said he was relying on another group of “unnamed” scientists.) More recently, he had to issue a correction and an apology to the evangelical pastor of an African-American church after he distorted his words.

Stossel is — and this is fun to add — not just a hypocrite on tort “reform” but on his avowed libertarian philosophy. He has stated that “Free markets, not coercive governments, are the consumer’s best friend. The people who are really ripping us off are the lawyers, the politicians, and the regulators.” Yet, when it comes to litigation, he wants Big Government to come riding to the rescue to protect him.

From a 2004 Washington Monthly story by Stephanie Mencimer comes this:

In April 2002, Stossel hosted a fundraiser in south Texas for Citizens Against Lawsuit Abuse, a corporate front group that was helping doctors seeking caps on malpractice lawsuit damages.

Ahh yes, Big Government coming in to protect negligent doctors. That is just what anti-government libertarianism is all about. Way to go Johnny-boy.

And now, after digging around a bit, I come to The Admission as to why he actually flipped. From the same Washington Monthly piece comes this whopper:

While he doesn’t include it in the book, Stossel did once offer the real explanation. In what was perhaps a moment of candor back in 1996, when he was giving a speech to the conservative legal group, the Federalist Society, someone asked Stossel why he had abandoned consumer reporting to bash government and trial lawyers. According to the Corporate Crime Reporter, Stossel replied, “I got sick of it. I also now make so much money I just lost interest in saving a buck on a can of peas.”

If he ever decides to give up his career as a pseudo-journalist, he would make a perfect spokesman for the US Chamber of Commerce, which has, ahem, started its own frivolous lawsuit.

As a famous reporter has been heard to say, Hey, give me a break.

Follow-up: John Stossel, Hypocrisy Again

 

January 25th, 2010

Trial Lawyer Lobbying On Health Care Bill

Over at Point of Law, Carter Wood points out that the American Association of Justice spent 1.33M in the 3rd quarter for congressional lobbying, much some of it on the health care bill. In his commentary, Wood says:

The filing provides more evidence that the trial lawyers helped craft language establishing state demonstration projects, preventing serious reform.

Now this is what the health care insurance industry spent: $38 million in 2009. (via WSJ Health Blog). [Update: This is limited to the health insurers, and does not, for instance, include drug makers. Also, note that the lobbying by the attorneys’ group includes a wide array of consumer issues.]

One of the constants of the tort “reform” lobby is pointing out what consumer groups spend to preserve rights, and ignoring the vast sums that come out of the Fortune 500 to lobby for various corporate immunities.

 

January 1st, 2010

US Chamber of Commerce Wins Golden Turkey Award


A hearty congratulations to the U.S. Chamber of Commerce on this New Year’s Day. They won my prestigious Golden Turkey Award for the most ridiculous and hypocritical lawsuit of the year, after many hours of super-secret deliberations. The vote was unanimous, after I cast the sole vote just moments ago.

The competition was stiff, with the Chamber railing against everyone else bringing lawsuits but forgetting that they brought one of their own.

While I mentioned it’s suit in my Halloween-themed Blawg Review, the suit really does deserve to shine separately.

In October a group called the The Yes Men staged a fake news conference to pretend they were the Chamber and they had seen the light (angels and hosannas flow through background), and that they were reversing course on their opposition to climate legislation.

Not happy about being parodied, mocked and ridiculed, they sued the The Yes Men in a suit that is no doubt destined for the trash heap of hypocrisy, apparently forgetting about that First Amendment thingie.

Some posts on the subject here:

  • Chamber Suing Yes Men For “Commercial Identity Theft” (TPM-Muckraker)
  • EFF to represent Yes Men in Chamber of Commerce lawsuit (Boing Boing)

Congrats to the Chamber on their fine work, and welcome to the growing stable of tort “reform” hypocrites. We can always count on them to shoot themselves in the foot with over-the-top conduct.

My Golden Turkey, of course, is not to be confused with the book by that name about the worst movies in Hollywood, or any other Golden Turkey awards, of which I imagine a few others might exist. With a last name like mine, I claim squatters rights. Or something like that.

 

December 15th, 2009

Judicial Hellholes

Over at the PopTort comes this humdinger of a letter they sent to the American Tort Reform Association, of which I give you but a snippet:

Your courageous “Judicial Hellholes” report at long last draws attention to the many injustices corporations have to face day in and day out. You have finally given a voice to the “mom and pop” tobacco companies, gasoline conglomerates, and insurance providers. Frankly, it gives me goose bumps.

And my commentary from last year:


Every year like clockwork they put out one of these “reports” and every year like clockwork the media reports on it as if it were something other than propaganda.


 

October 22nd, 2009

Target Lawsuit Over Counterfeiting Claim Settles After $3.1M Verdict


Last year I wrote about Rita Cantrell, who was falsely accused by Target of using a counterfeit $100 bill. The bill was authentic, but lacking some of the modern anti-counterfeiting devices simply because it was an older series.

The resulting suit led to a $100,00 compensatory damage verdict with $3,000,000 in punitive damages for the defamation. Some tort “reformers” smelled an opportunity and a small kerfuffle was set off in the legal blogosphere (see: Target Hit for $3M in Defamation Punitives (And Tort “Reformer” Sees Opportunity).

The suit, Cantrell v. Target, has now settled. While this is good for the parties involved, it’s not so good for the opinionators who were wondering what the Court of Appeals would do with the verdict and the 1:30 compensatory:punitive damage ratio. A Magistrate Judge had previously refused to toss out or modify the damage award, leading to the appeal. (And the Supreme Court had let stand a 1:100 ratio earlier this year.)

According to this paper, the 4th U.S. Circuit Court of Appeals dismissed the appeal “upon such terms as have been agreed to by the parties.” The parties didn’t disclose the terms.

(h/t Stegmaier)

The case was discussed previously here:

Links to this post:

October 23 roundup
Is it against the law to report police movements on Twitter? [Valetk, Law.com; Volokh]; “Attorney Charged With Posting Ad Seeking ‘Secretary With Benefits’” [Legal Profession Blog via Bruce Carton, Legal Blog Watch]; Maker of Monster …
posted by Walter Olson @ October 23, 2009 8:43 AM