April 17th, 2009

Who Lobbies for the Victims?

In 10 days I head to Albany with other personal injury attorneys to lobby the legislature to keep the civil justice system open and available to New Yorkers. Why me? Well, if not me, who then?

You see the insurance companies have armies of lobbyists in state capitols around the nation. So do the massive health care giants, drug companies, and let’s face it, Fortune 500 companies all over the place. “Think tanks” and Chambers of Commerce that dream up ways to closde the courthouse doors to consumers don’t exist without money.

But those who’ve been victimized by the negligence don’t have those voices of influence at their beck and call. Victims become part of this group unwillingly, in unplanned ways. They have no organization. They don’t have access to the levers of power.

They only thing they usually have are the personal injury attorneys that are helping them with their case. Who also happen to be the ones that know about the problems with the laws that their new clients face.

For example, in years past I have written about:

So who fights for the injured? The people that represent them. Those of us who stand in the well of the courtroom to fight on their behalf. I’ll be heading up there with the New York State Trial Lawyers Association, of which I am a proud, card-carrying member, and have been for many years.

And if you are an attorney that deals with these types of cases, I have one question for you:
Are you lobbying your legislature? Because there aren’t any good reasons to answer no.

Links to this post:

what about the little guy?
big corporate industries are lobbying relentlessly against the interests of ordinary people, even while accepting our tax money as bailouts. that’s why i think eric turkewitz asks a good question in his recent blog, who lobbies for the …
posted by Kia Franklin @ April 20, 2009 3:02 PM

 

April 17th, 2009

Arrested While Grieving, Their Civil Rights Suit Settles (Updated)

Two years ago, New York City Police arrested 33 teens, six of them minors, in the Bushwick section of Brooklyn. Their crime? They were headed off to a wake for a friend. Unfortunately, they were almost all black and Hispanic, which in many places is enough to get you stopped by the police and/or arrested.

Those arrests were the subject of an op-ed piece by Bob Herbert in the New York Times on May 26, 2007 (Arrested While Grieving). He wrote back then:

No one is paying much attention, but parts of New York City are like a police state for young men, women and children who happen to be black or Hispanic. They are routinely stopped, searched, harassed, intimidated, humiliated and, in many cases, arrested for no good reason.
…
Last Monday in the Bushwick section of Brooklyn, about three dozen grieving young people on their way to a wake for a teenage friend who had been murdered were surrounded by the police, cursed at, handcuffed and ordered into paddy wagons. They were taken to the 83rd precinct station house, where several were thrown into jail.
…..
Children as young as 13 were among those swept up by the cops. Two of them…were the children of police officers. Some of the youngsters were carrying notes from school saying that they were allowed to be absent to attend the wake. There is no evidence that I’ve been able to find, other than uncorroborated statements by the police, that the teenagers were misbehaving in any way.

Everyone was searched, but nothing unlawful was found, no weapons, no marijuana or other drugs. Some of the kids were told at the scene that they were being seized because they had assembled unlawfully.

According to Michael Scolnick, a civil rights attorney that represented 16 settling plaintiffs, an agreement was reached recently in federal court to dispose of those cases. The settlements ranged from $9,000 to $20,000. Scolnick said:

The settlement was on two levels: the 6 boys and girls (under 16 years of age) who either were not charged or were given desk appearance tickets and later dismissed without appearing, but were in custody from two to six hours, cuffed to a pipe or a Snapple machine, each settled for $9,000. The older ones who had formal charges issued against them for unlawful assembly and disorderly conduct settled for $20K.

All of the criminal charges against these 16 were dismissed.

This is a first report. A press conference has been scheduled for Sunday. Expect more press and information on this case in the days to come.

See also:

===============================

Update:
Bob Herbert followed up today on his original story from two years ago with another op-ed piece (No Cause for Arrest). He adds this priceless quote from Scolnick:

“I can’t imagine that 32 young white people walking down the streets of Scarsdale to pay their respects to a friend would have been arrested that way.”

Also, Scott Greenfield, who had written about the case two years ago, adds more at Simple Justice today (The Wake of a Wake):

The kids got at least something in return for being harassed, arrested and/or held in custody. As for Michael Scolnick, who fought for 16 settling plaintiffs, the fee will likely be scarcely worth the time and effort required by the case. But he did a good thing for some kids from Bushwick who needed someone who cared enough to help.

 

April 16th, 2009

Linkworthy (Boston Marathon, BoBama, Eliot Spitzer, Sex and More!)

I’m heading up to Boston this weekend for the marathon, but I will run it only once, not four times. And, alas, writing this humble little blog didn’t qualify me as one of the 11 celebrity runners that have run marathons. The short list includes my good buddy Oprah, as well as George W. Bush and Sarah Palin. But for some reason Al Gore didn’t make the short list, so I guess I’m in good company.

For those that want to follow particular runners to track their progress — especially helpful if you are on the sidelines wondering if your runner is ahead/behind pace or can’t wait for the post-race email or phone call — you can have status updates sent directly to your email or phone during the race, because each runner has a radio frequency chip on his/her sneaker. My super-secret strategy, in case you were wondering, is this:

  1. Finish; and
  2. Have a good time.

And now I leave you with these links:

Scott Greenfield decided to read Eliot Spitzer’s article at Slate, where Spitzer chided conservative Seventh circuit Judge Richard Posner on a dissent he wrote. Spitzer claimed Posner did an about-face on his conservative principles (Posner Wrote What?). Except that Greenfield says the eagle-eyed Spitzer completely mis-read the opinion. Greenfield writes:

One would think that former ADA, former Attorney General, former Governor, Eliot Spitzer could read a short dissent with sufficient care to figure out which side was which before going public in an attempt to take on a circuit judge in a battle of wits.

John Day on 28 “Never Events” in medicine;

The Legal Satryicon knows that sex with clients is a big no-no in the U.S., but apparently not in England. Just don’t bill for it. From the TimesOnline:

“Lawyers are sometimes criticised for screwing clients with unwarranted fees. In a case in London, a client has alleged a rather direct version of that, saying her lawyer charged for having sex with her.” (Hat tip, Kevin O’Keefe)

Andy Hoffman responds at the Daily Kos to lawyer Philip K. Howard’s “Life Without Lawyers,”

First Puppy Bo Obama (Bobama or BoBama?) gives some unemployment tips: Bo Beats The Odds: How the First Pooch Secured One of the Most High-Profile Jobs In Washington; Let’s hope he doesn’t run into the problems that prior First Pooch Barney experienced, which he described to me last year in an interview;

Kevin Underhill reports that Nadya Suleman, also known as the “Octomom,” wants to trademark that auspicious title, since the single, unemployed, mother of 14 is unlikely to snag “America’s Sweetheart” (and duking it out with Courtney Love could get ugly);

Gerry Oginiski wants to know, is that a malpractice lawyer in the operating room???

Law21 brings you Blawg Review #207: All the News That Fits, in the style of the dying dead-tree edition; and

TortsProf has last week’s Personal Injury Law Round-Up, as well as this week’s.

 

April 14th, 2009

Do Texas Med-Mal Damage Caps Work? (What Do You Mean By “Work”?)

In a headline at Point of Law, the Manhattan Institute blog dedicated to tort “reform,” comes this: Texas Med-Mal Damage Caps Worked.

And in support of that headline, Andrew Grossman recaps this article with data about the reduction of payouts for pain and suffering (“non-economic” loss) since Texas slashed the ability of injured people to hold the wrongdoers accountable for their conduct:

The Texas cap reduced allowed non-economic damages in tried cases by an estimated 73 percent, allowed verdicts by 38 percent, and payouts by 27 percent. As expected, settlement payouts declined, by 18 percent.

But what, exactly does it mean for a statute to “work” when it reduces the ability of the most badly injured individuals to recover for their loss?

  • Does offering government protectionism for tortfeasors mean it works?
  • Does stopping those who’ve been victimized from recovering from their loss mean it works?
  • Does destroying the concept of personal responsibility for one’s actions mean it works?

If the objective is to offer windfalls to those whose negligence has injured others then one might say it works. But that doesn’t makes it good public policy.

I’ve always found it odd that the tort “reform” movement is lead by those whose political philosophy is to have less government intervention and more personal responsibility. Because tort “reform” is just the opposite.

But some have seen the light. Below is a list of a few “reformers” that have been covered in this blog that no longer believe that insurance company profits are more important than making the victims whole again. I’ve excerpted it from The Bubbe Maisse Report (aka “Judicial Hellholes”):

Another Tort “Reformer” Sees The Light:

Dr. Dave Stewart is a California anesthesiologist. He supported tort “reform.” Then his 72 year old mother died after knee surgery from an undiagnosed bowel obstruction. When the family tried to hire a lawyer, they were turned down by two dozen different medical malpractice attorneys.

Tort “Reform”, Trent Lott, and Changing Fortunes: Aside from Trent Lott, it deals with Frank Cornelius —

In 1975, I helped persuade the Indiana Legislature to pass what was acclaimed as a pioneering reform of the medical malpractice laws: a $500,000 cap on damage awards, and elimination of all damages for pain and suffering. I argued successfully that such limits would reduce health care costs and encourage physicians to stay in Indiana — the same sort of arguments that not underpin the medical industry’s call for national malpractice reform.

Today, from my wheelchair, I rue that that accomplishment. Here is my story.

Tort “Reform” Gone Bad. And the Personal Injury Round-Up: With this story from a “reformer” and medical oncologist:

It appeared that the case would be resolved quickly, considering that the defendant freely admitted his error. However, this turned out to be far from true.
…
As I’d expected, the jury found the original pathologist negligent. But, to my surprise, Mary wasn’t awarded any damages… The jurors reasoned that the pathologist had not acted maliciously, and that if he were found liable for a monetary award, he might leave the state. They were likely influenced by political ads that ran during the state’s tort reform ballot campaign, describing physicians who were leaving Nevada because of its malpractice crisis.

Tort “Reformer” Michael Savage Brings Lawsuit:

Right wing radio talk-show host and tort “reformer” Michael Savage has brought a lawsuit. The infraction? He was quoted by an Islamic group on its website in which he called the Quran a “book of hate” and said Muslims “need deportation.”

Robert Bork Brings Trip/Fall Suit for Over $1M, Plus Punitive Damages And Legal Fees —

Former Supreme Court nominee Robert Bork has sued the Yale Club for an amount “in excess of $1,000,000,” plus punitive damages, as a result of a trip and fall accident on June 6, 2006. The Complaint is here via the WSJ. The accident happened while he was climbing to the dais for a speech, and there were no steps or handrail for the 79-year old Bork to hold on to.

Remember: Tort “reform” is an idea promulgated by people who’ve never been badly injured by the negligence of others.
——————————————-
See also:

  1. George W. Bush
  2. ABC News Correspondent John Stossel
  3. Sen Rick Santorum
  4. “Lawsuit Abuse” Group Founder and Trustee, Sterling Cornelius
  5. Texans for Lawsuit Reform Board Members

Links to this post:

med mal caps work… against med mal victims, that is.
eric turkewitz points out that when folks claim that capping non-economic damages in medical malpractice claims “works,” they often conveniently neglect to explain what “working” really means. he writes: …
posted by Kia Franklin @ April 15, 2009 4:29 PM

 

April 13th, 2009

Lawyers Taking A Year Off?


On the front page of the New York Times today is a story on Skadden giving lawyers a year off if they want it, and they still pick up 1/3 of their pay. For the lawyer they profiled, that meant $80,000 to go have a good time. (see: $80,000 for a Year Off? She’ll Take It!)

Now some folks may balk at leaving the working world for a year, afraid of what might await them when they return. Since I happen to have taken a year off back in ’88-’89 to travel (see: It was 20 Years Ago Today…), I’ve got something to say on the subject. And a little advice.

Do it!!!!!!!!

And, unlike the subject of the Times piece, who wonders about the do-gooder legal projects she can engage in in other parts of the world during her year away, actually working is not part of the requirement.

If there is no spouse, kids or mortgage that you need to worry about — no keys that you need to take with you — it is a once-in-a-lifetime opportunity to see and experience things that you will never get a chance to see and experience again. When you don’t have to worry about the clock or calendar ticking, you get a chance to linger and look in ways you otherwise could not.

All you need are a passport, imagination and money. And Skadden is providing the money.