Archive for June 2008

A Champion Of Democratic Reform In Tennessee

Jun 30th, 2008 | By Dan Pero | Category: Judicial Elections, State Battlegrounds, Tennessee

Tennessee’s “current judicial selection process is a perfect storm of special interest control, closed government and lack of accountability,” says Lt. Gov. Ron Ramsey in a well-argued oped in the Tri-City News (TN). Ramsey clearly spells out the problems with judicial selection Star Chambers – not just in Tennessee, but in all states that […]



“Common Sense on Punitive Damages”

Jun 30th, 2008 | By Dan Pero | Category: Tort Reform

L. Gordon Crovitz has a good piece in today’s Wall Street Journal that navigates the thinking behind the U.S. Supreme Court’s recent decision to reduce the $2.5 billion punitive damage award against Exxon for the Valdez spill nearly 20 years ago and establish some principle to guide future cases. “We should cheer,” Crovitz writes, […]



Scruggs Gets 5 years

Jun 27th, 2008 | By Dan Pero | Category: Mississippi, Trial Lawyers

Dickie Scruggs, who gained fame and considerable fortune in the 1990s for his part in suing large corporations for billions, was sentenced today to five years in prison for conspiracy to bribe a judge. Scruggs’ son will be sentenced next week for his role in this family affair.
There are a lot of lessons one could […]



Arizona Medical Experts

Jun 27th, 2008 | By Dan Pero | Category: Medical Liability, Trial Lawyers

An Arizona law requiring that expert witnesses in medical malpractice trials actually be experts in the field they’re testifying about has been struck down in appellate court.
The law had clearly sought to end the abuse of “professional witness” doctors who make a lucrative career testifying in medical malpractice trials at the behest of trial lawyer […]



A “Power Grab” For Michigan’s Judiciary

Jun 26th, 2008 | By Dan Pero | Category: Judicial Elections, Michigan, State Battlegrounds

A Detroit News editorial demolishes a bogus fall ballot initiative being circulated by an outfit called Reform Michigan Government Now. Although cloaked in good government language, the News reports, the “real thrust of the [proposed constitutional] amendment appears to be getting at state judges with GOP backgrounds” in a “power grab of this state’s […]



Kansas County Challenges Secret Selection

Jun 26th, 2008 | By Dan Pero | Category: Judicial Elections, Kansas

Citizens of Johnson County, Kansas have successfully placed an initiative on the November ballot that would end the secret selection of judges (through a so-called “merit” system) and allow voters to decide who sits on the bench. Justice At Stake’s GavelGrab blog links to a story in the St. Charles County Business Record reporting […]



Chipping Away At Democracy In Minnesota

Jun 26th, 2008 | By Dan Pero | Category: Judicial Elections, Minnesota, State Battlegrounds

The St. Paul Pioneer Press wades into the judicial selection debate with an editorial endorsing the replacement of democratic elections for judges with so-called “merit selection” combined with uncontested retention elections.
Unlike Minnesota’s Chief Justice Eric Magnuson, the Pioneer Press at least had the tact not to question “the insight and sophistication” of Minnesota voters, but […]



“Show Me Better Judges”

Jun 25th, 2008 | By Dan Pero | Category: Judicial Elections, Missouri, State Battlegrounds

Does “merit selection” – where lawyers meet in secret to decide who wears the black robes – take politics out of judicial appointments? Not according to Paul Jacob, who runs Missouri’s “merit” plan through the wringer in an excellent piece in Human Events and shows just how political this allegedly non-political system can be.
Jacob […]



What If You Filed A Lawsuit, But No One Came?

Jun 25th, 2008 | By Dan Pero | Category: Class Action, Tort Reform, Trial Lawyers

A group of plaintiffs’ lawyers are in a Manhattan federal courtroom today asking a judge to approve a settlement in a class action lawsuit that will allow them to reap $1.3 million in fees compared to $5 to $35 each for the class members, The New York Times reports.
The class action was filed against video […]



West Virginia Wrestles With Junk Science In The Courtroom

Jun 24th, 2008 | By Dan Pero | Category: Tort Reform, Trial Lawyers, West Virginia

West Virginia seems to be an annual fixture on the American Tort Reform Association’s list of Judicial Hellholes — and one of the reasons has been the widespread dissemination of junk science in the state’s courtrooms. An article in the West Virginia Record chronicles some of the worst junk science abuses and suggests a […]