As if we didn't have enough problems.
Thursday, July 7, 2005 at 08:10AM You know how we all have those relatives we invite to the reunion, the
one's we can't disown who drink too much, hit on your cousin's new
wife, and generally do things you shouldn't do in polite company? Even
worse they do it in front of your boss, associates, who of course tar
you with the same brush and assume, your just like he is, just hiding
it better.
Well, today's Wall Street Journal editorial page takes on the Milberg Weiss accusations.
Now of course I have zero inside knowledge of this whole situation,
which revolves around the accusations that one of the most visible
personal injury class action firms allegedly paid kick backs under the
table to a friend who agreed to be lead plaintiff in a variety of class
action shareholder suits brought over the last decade or so. If
true, and i'm sure the facts will come out pro or con, this is just the
last thing trial lawyers need blasted all over the pages of the Wall
Street Journal and other national publications. It will be the poster
boy case of why "tort reform" is so crucial, and how all these
wonderful corporations were harmed by this fraud.
Never mind there were probably a lot of merits to the cases, and they
would have been brought, tried or settled and paid in the same fashion
with out this alleged fraud. Never mind that there is NO TORT CRISIS in
this country. The only crisis is the distorted misinformation campaign
directed by insurance companies and manufacturers who have bought my
republican party and sold them a bill of goods with millions of
lobbying dollars. No, now they will take this awful situation,
generalize that ALL trial lawyers do it, distort the picture and drive
more bogus tort reform down our throats and strip American's of a few
more of their rights to civil justice.
Let me point you to an interesting paper just published in The Journal
of Empirical Legal studies that studies malpractice claims and costs in
Texas since 1988. Their conclusion is the system has flaws, but
increasing expenses and verdicts isn't one of them, and in fact that
small claims of merit have been squeezed out by caps and legal fee
caps, causing less access to the court for poor injured victims. The
point is that there is NO crisis, Tort reform is a bogus issue, and
trial lawyers need to police their own members to prevent these ugly,
press releases like the one in the WSJ, or it will used as an excuse
for over kill with the people getting harmed being the poor and average
citizen seeking justice in a civil court of law.
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