What America’s Legal System can Learn from the Greeks
October 10, 2011
With modern day Greece teetering on the edge of default, it’s easy to think we have nothing to learn from the Greeks – unless, perhaps, we look back to our democratic forerunners of 2,400 years ago. In her new book, The Hemlock Cup: Socrates, Athens and the Search for the Good Life, Bettany Hughes informs us that Athens circa 399 B.C. had already anticipated and adopted remedies to protect against the ancient equivalent of what we all recognize as a scheming trial lawyer.
“It is in democratic Athens that the sycophant is born: a man on the make who brings a trumped-up court case; someone who thinks he’ll be able to score off the very presence of a justice system. Sycophantai were the fifth-century legal equivalent of ambulance-chasers; citizens who brought cases on flimsy charges so they the could be paid for attending court, and might possibly even net damages. And so steep fines have been introduced – if you don’t succeed in getting any more than one-fifth of the votes, you have to pay the state back.”
That’s right. The ancient Greeks invested loser pays legislation!
You Can’t Make This Stuff Up
May 11, 2011
Omar Bin Laden, son of the deceased terrorist, has issued a letter announcing that he “reserves the right to take legal action against America” both in the U.S. and internationally. No word yet from any trial lawyers over a contingency fee arrangement with the Bin Laden clan.
Hate Your Boss? The Obama Administration’s got a Trial Lawyer for You!
February 7, 2011
Under a new “alliance” between the Obama Department of Labor and the trial bar, anyone who complains to the government about their bosses will be patched through to the American Bar Association so they can get a contingency fee lawyer to take their case. Fox Business News has the full story. (Hat tip to Ed Murnane’s Illinois Civil Justice League).
The ABA calls the move “unprecedented” – which it is, but not in the way the lawyers mean. Getting more fee-grubbing lawyers in between employees and employers will doubtless spark more lawsuits. More lawsuits against small businesses means fewer jobs.
Vice President Joe Biden hailed this litigation stimulus plan because “most all” of the fees” will be “contingency on the back end.” Biden’s son Beau was a heavy-hitting trial lawyer before he traded in his famous name to become Delaware’s Attorney General.
It’s a pretty good bet that the Obama re-election campaign will get cut in on any additional contingency fees generated by this cozy arrangement. During the last election cycle, lawyers funneled more than $90 million (thanks Open Secrets) into campaign coffers – the vast majority to Obama.
Unprecedented indeed.
Unconstitutional Haircuts?
January 4, 2011
A 14-year-old Indiana high school student gets booted from the basketball team for refusing to abide by the coach’s policy on neat, clean haircuts.
Do the parents:
A) Hand him a pair of scissors;
B) Take him to the barber shop;
C) File a federal lawsuit claiming the haircut rule is “unconstitutional”?
No extra credit for getting the right answer.
The Case for Tort Reform in Florida
December 10, 2010
Florida businessman John R. Smith makes a compelling case for tort reform in Florida and demonstrates why seizing the state’s civil justice system from Trial Lawyers Inc. is at the top of the agenda for incoming Governor Rick Scott and the new legislature. Money graphs:
“Lawsuit abuse is a threat to our small businesses, where lawsuit costs drive up the price of goods and services, which consumers pay for. Plaintiff lawyers get rich while economic growth declines. Kids can’t play in schoolyards because of the hundreds of claims for playground accidents. Our reputation dissuades many businesses from locating here, and convinces professionals to move away.
“What’s to be done? Well, I’m a fan of reducing the personal injury bar to rubble, then bringing them to a boil.”
Smith quickly concedes that his “shock and awe” plan for Florida trial lawyers isn’t politically correct, so he’ll settle for capping Powerball-sized damage awards, curbing “junk science” in the courtroom, medical liability reform and other reforms to dissuade frivolous lawsuits.
You Can’t Make This Stuff Up…
October 13, 2010
Golfer Lana Lawless, who underwent a sex change operation five years ago, is suing the LPGA because its events are open only to competitors who are “female at birth.” Lawless is also suing Long Drivers of America for “unspecified damages” because the group won’t let her compete in its long driving competition.
How the Trial Lawyer-Litigation Complex is Killing the American Spirit
October 11, 2010
Philip K. Howard has a gem of a piece outlining how the Trial Lawyer-Litigation Complex is destroying the American spirit of entrepreneurship, individual opportunity and civic responsibility. A few highlights:
“The sheer volume of law suffocates innovative instincts, while distrust of lawsuits discourages ordinary human choices. Why take a chance on the eager young person applying for a job when, if it doesn’t work out, you might get sued for discrimination? Why take the risk of expanding production in another state that requires duplicating legal risks and overhead? Why bother to start a business at all?”
“Over the generations, the American spirit of individual opportunity has been manifested not only in new businesses, but in the civic and public life as well – in the culture of barn-raisings and boy scouts and cake sales. These deep roots of our culture … have also atrophied before our eyes. Hardly any social interaction is free of legal risk.”
“America can’t move forward until it cleans out this legal swamp. The accretion of law has made democracy inert – a sludge heap of programs and entitlements swarming with special interests – while also slowly suffocating the American spirit.”
Doctors to Treasury Officials: No Tax Breaks for Lawsuits
September 8, 2010
Last week the American Medical Association joined 90 medical organizations in sending a letter to the U.S. Treasury Department objecting in the “strongest possible terms” to a proposal under consideration that would allow trial lawyers to deduct litigation expenses from their taxes. (PointofLaw.)
Trial lawyers bragged about this tax break during their annual conference in Canada in July. The proposal would give lawyers a 40% tax subsidy for up-front litigation costs.
The AMA estimates that it costs $22,000 to defend against meritless suits. According to James Rohack, former president of the AMA,
“Changing the tax policy to allow trial attorneys to deduct court costs and other expenses would cost taxpayers $1.5 billion and increase the cost of health care in our nation….This change would encourage trial attorneys to file more lawsuits.”
Treasury officials are keeping mum about the proposal, refusing to comment. Maybe they’ll answer Congress. According to PointofLaw, Sen. Chuck Grassley (R-IA), and Rep. Dave Camp (R-MI) have sent a letter to Treasury asking about the proposal.
Worth a Look
July 29, 2010
Kevin Underhill, a partner at Shook, Hardy and Bacon, runs a great blog called Lowering the Bar dedicated to demonstrating that “legal humor” isn’t an oxymoron. Some of the most recent gems include this post on a lawsuit against a store that “failed to warn the plaintiff that playing with a sharp sword … would result in the plaintiff slicing his hand.” (h/t Walter Olson) Then there’s the $4.25 million verdict in the case of the missing pet turkeys in South Carolina. You gotta read it to believe it.
The Lawsuit Culture, Vol. 549,508
July 1, 2010
Your son gets cut from a hockey travel team. Do you: A) Praise him because he tried his best? B) Assure him there are other teams? C) Sue the coach? If you’re the parents of two disappointed Toronto midget junior players, you dial up your lawyer and demand $25,000 in a desperate attempt to reverse the “irreparable psychological damage” done to your son.
As a hockey dad, I can tell you flat out, this is more about the irreparable psychological damage done to mom and dad. Players are disappointed, but they get over it. Here’s hoping that yahoo parent with a hockey puck for brains gets stuck with paying court costs and every other fee that’s possible with this nutty and unnecessary lawsuit.
Unfortunately, it looks like a lawsuit-happy culture is one of America’s leading exports to Canada.