Archive for June 2008

Adding Some Balance To The CAP’s “Balance”

Jun 24th, 2008 | By Dan Pero | Category: Medical Liability, Tort Reform, Trial Lawyers

This item on medical tort reform is a prime example of the “balanced” approach taken by the Center for American Progress (CAP), which carefully examines both sides of an issue and invariably agrees in every particular with the trial bar.
The critical issue in medical malpractice today is whether or not to put caps on non-economic […]



A Brief History Of The Tort Wars

Jun 23rd, 2008 | By Dan Pero | Category: Tort Reform, Trial Lawyers

On Sunday,The New York Times published a piece on the fight to take back our courts from the trial bar. Prominently featured is Steve Hantler, Chairman of the American Justice Partnership Foundation – the true impresario of the legal reform movement in the United States.



Tennessee: Some Background

Jun 23rd, 2008 | By Dan Pero | Category: Judicial Elections, State Battlegrounds, Tennessee

Bill Hobbs has a very good historical overview of the roots of merit selection in TN. In providing the overview, Hobbs asks a pointed question about the state’s judicial selection system:
If the current system, enacted by the legislature statutorily after voters rejected it as a constitutional amendment, is constitutional, then why was a constitutional […]



Where Is Congress?

Jun 23rd, 2008 | By Dan Pero | Category: Trial Lawyers

The recent settlement between federal prosecutors and disgraced plaintiffs’ law firm Milberg Weiss “should only be the first step in exposing the corruption that is rife in the plaintiffs’ bar,” says a Washington Examiner editorial:

“Where is Congress in all this? When The Examiner asked House Judiciary Committee Chairman John Conyers Jr. earlier this week […]



Cleaning Up Class Action Abuse

Jun 20th, 2008 | By Dan Pero | Category: California, Tort Reform, Trial Lawyers

The Washington Legal Foundation has an interesting new paper by California state Sen. Tom Harman on a class action reform bill he introduced in the state senate.
One of the many problems with class action lawsuits, Sen. Harman explains, is that after a case is won or settled, the plaintiffs’ attorney must seek out the class […]



Illinois and West Virginia Worst Places to Do Business Says Directorship Boardroom Guide

Jun 20th, 2008 | By Dan Pero | Category: Illinois, State Battlegrounds, West Virginia

Illinois and West Virginia have the worst litigation climates for business, with Pennsylvania and California following close behind. The rankings come courtesy of the Annual Boardroom Guide to State Litigation Climates published by Directorship in collaboration with the American Justice Partnership Foundation (full disclosure: I am President of the […]



The Debate Continues in Tennessee

Jun 19th, 2008 | By Dan Pero | Category: Judicial Elections, State Battlegrounds, Tennessee

Business TN Magazine has published a fascinating back-and-forth between Vanderbilt Law Professor Brian Fitzpatrick, who recently authored a very important report on merit selection in Tennessee, and C. Barry Ward, an attorney who is a member of Tennessee’s judicial nominating commission. Among other things, the interview exposes the elitist rationale behind “merit selection.”
I believe […]



Gov. Crist Takes A Step To Shape Florida’s Court

Jun 19th, 2008 | By Dan Pero | Category: Florida, Judicial Elections

With four out of seven Supreme Court seats set to open over the next year, Florida Gov. Charlie Crist should have the opportunity to reshape Florida’s highest court for a decade or more. But in Florida ­ as in other states with “merit selection” ­ the real power over who makes it to the […]



Update in Oklahoma

Jun 19th, 2008 | By Dan Pero | Category: Judicial Elections, Oklahoma, State Battlegrounds

Oklahoma’s business magazine, The Journal Record, has an article outlining the debate over how the state should choose its judges.



Refreshing Honesty From A “Merit Selection” Supporter

Jun 18th, 2008 | By Dan Pero | Category: Judicial Elections, Minnesota, State Battlegrounds

Minnesota Supreme Court Chief Justice Eric Magnuson came out for scrapping democratic elections for judges and endorsed a “merit selection” system for the state. No surprise there – a top lawyer thinks lawyers should control who sits on the bench.
But unlike most proponents of secret selection, Chief Justice Magnuson deserves credit for his refreshing […]