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Old 04-06-2008, 07:52 PM   #1
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Angry I'm mad as hell !!

It's long, long, long overdue. Three of the very worst ambulance-chasing, legal extortionists are on their way to the pokey. They are part of the small army of creeps who are abusing the U.S. legal system.

Operating mass tort assembly lines, these scumball parasites have engaged in champerty that has cost us hundreds of billions of dollars.

The tort bar's abusive practices have, among many other illegal actions, included bribery, payment of kickbacks, the forgery of evidence and the employment of bent physicians to certify asbestosis.
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Small Victories for Tort Reform
By JOHN STOSSEL

Foes of lawsuit abuse have been writing gleefully about the fall of Dickie Scruggs, Bill Lerach and Melvyn Weiss. All three lawyers are likely to spend time in jail for plotting to bribe a judge (Scruggs) or paying kickbacks (Lerach and Weiss).

Good riddance.

Locking them up will stop them from further damaging America at least for a few years. But it's a small victory for reformers.

New members of the parasite circus will just step forward to take their place. And what these aggressive class-action and securities lawyers do legally is more damaging to America than the crimes that Scruggs, Lerach and Weiss committed. They broke laws to cheat other lawyers out of some loot, but at least that barely hurt the public.

An editorial in this newspaper justifiably mocked Lerach for declaring his lawbreaking a mere "foot fault" ("I stepped over the line," he said). But at least paying off plaintiffs honestly reflects how such lawyers get rich. Often, they are less "officers of the court seeking justice" than businessmen colluding with plaintiffs in a lucrative extortion business-- legal extortion-- but still extortion. Companies pay the lawyers to go away even when it's unclear that they did anything wrong.

Once companies pay, it's logical that the plaintiff/partner who helped the lawyers enrich themselves should get a cut of that loot. That's a fairer deal than what typical plaintiffs in class actions get: coupons or a check for perhaps $1.26.

A federal judge will soon decide whether to award Lerach his cut of what may be the biggest class-action legal fee ever. Lerach extorted I mean persuaded J.P. Morgan, Citigroup and a Canadian bank to give $695 million to him and other lawyers who claimed the banks were culpable in the Enron debacle. On March 19, 2007 an appellate court ruled that the banks were not culpable. But so what? Fairness doesn't necessarily govern this game. The game is more about rounding up lots of complainants and using America's one-sided legal system to terrorize businesses into settling.

Companies could fight and win, but that distracts managers from what they ought to be doing. And they might get a bad jury and lose the entire company. It's safer to settle...



...Our legal system invites lawyers to act like bullies. For "20/20" tonight, I report on a class-action lawyer who's suing his neighbor for smoking in her own apartment. Toxins are "being breathed every day by our 4-year-old," says Jonathan Selbin of Lieff, Cabraser, Heimann & Bernstein. His frightened neighbor had the apartment manager seal off air ducts between the two apartments, but Mr. Selbin sued anyway, claiming smoke was in the hallway. Mr. Selbin's neighbor was unusually feisty in going to the media to fight back, at least for a while. But last night, she decided to settle. After all, Mr. Selbin had written her that he had a legal advantage, because he and his wife "are both lawyers, and both litigators, for whom the usual barriers to litigation are minimal." Right. Mr. Selbin wrote ABC, "I have recovered more than $2 billion in cash for consumers defrauded by companies. I am proud of what I do." He wouldn't tell us how much of the $2 billion he kept...



...What do we get from this kind of "private law enforcement"? Very little. James Copland of the Manhattan Institute points out, "The small, diversified investor is as likely to be a buyer as a seller and thus a payer in a class action settlement. The 'little guy' pays money to himself." Actually, it's worse than that: Little guys come out behind because the lawyers pocket so much.

If securities class actions really deterred fraud, their high cost might be justified. But research from St. John's Law School Prof. Michael Perino shows that most of these lawsuits follow SEC investigations. The lawyers don't unearth frauds. They come in like vultures after the problem is already revealed. We pay for that.

Onerous as the legal fees are, the nastier cost is the loss of so many good things. Weiss's former firm got companies to pay $45 billion in damages. That's $45 billion that will not create new jobs or life-saving drugs.

The fear also reduces options. After Dickie Scruggs filed his post-Katrina class action against insurance companies, State Farm, citing an "untenable legal environment," stopped insuring homes in Mississippi.

America needs judges willing to say "no" to legal bullies. America also needs the legal standard that works in most of the world: "loser pays." Without reform, the parasites will take away your money and your choices.
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Old 04-07-2008, 12:59 AM   #2
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Federal Rules of Civil Procedure

Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

(a) Signature.

Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name or by a party personally if the party is unrepresented. The paper must state the signer's address, e-mail address, and telephone number. Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney's or party's attention.

(b) Representations to the Court.

By presenting to the court a pleading, written motion, or other paper whether by signing, filing, submitting, or later advocating it an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:

(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;

(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;

(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and

(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.


(c) Sanctions.

(1) In General.

If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee.

(2) Motion for Sanctions.

A motion for sanctions must be made separately from any other motion and must describe the specific conduct that allegedly violates Rule 11(b). The motion must be served under Rule 5, but it must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets. If warranted, the court may award to the prevailing party the reasonable expenses, including attorney's fees, incurred for the motion.

(3) On the Court's Initiative.

On its own, the court may order an attorney, law firm, or party to show cause why conduct specifically described in the order has not violated Rule 11(b).

(4) Nature of a Sanction.

A sanction imposed under this rule must be limited to what suffices to deter repetition of the conduct or comparable conduct by others similarly situated. The sanction may include nonmonetary directives; an order to pay a penalty into court; or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of part or all of the reasonable attorney's fees and other expenses directly resulting from the violation.

(5) Limitations on Monetary Sanctions.

The court must not impose a monetary sanction:

(A) against a represented party for violating Rule 11(b)(2); or

(B) on its own, unless it issued the show-cause order under Rule 11(c)(3) before voluntary dismissal or settlement of the claims made by or against the party that is, or whose attorneys are, to be sanctioned.

(6) Requirements for an Order.

An order imposing a sanction must describe the sanctioned conduct and explain the basis for the sanction.
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Old 04-07-2008, 09:27 AM   #3
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Oblimo,
Thanks for posting the rules of civil procedure. That's a good source.

These three (and many more of their ilk) are richly deserving of recognition in the "Hall of Shame":
"Dickie Scruggs, Bill Lerach and Melvyn Weiss. All three lawyers are likely to spend time in jail for plotting to bribe a judge (Scruggs) or paying kickbacks (Lerach and Weiss)."


It's also high time that America adopted the "loser pays" standard that prevails in most of the world. In Stossel's words, "America also needs the legal standard that works in most of the world: 'loser pays.' Without reform, the parasites will take away your money and your choices."

It's the only way to stop the practictioners of barratry and champerty from a continuation of the extortion in which the sleazy, bottomfeeding tort bar is engaged.


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Old 04-07-2008, 12:26 PM   #4
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Trysail -

The law is all about WINNING, not about right or wrong. I agree that damage suits are out of hand as are the settlements. But is that the fault of the lawers? No, it has to do with the greed of those who contact the lawyers to sue.

These three lawyers clearly overstepped the bounderies of ethical practice and broke laws to win. I cannot condone their behavior, but they are not really the root of the problem. We, the citizenry, are for our own behavior.
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Old 04-07-2008, 12:56 PM   #5
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Quote:
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Trysail -

The law is all about WINNING, not about right or wrong. I agree that damage suits are out of hand as are the settlements. But is that the fault of the lawers? No, it has to do with the greed of those who contact the lawyers to sue.

These three lawyers clearly overstepped the bounderies of ethical practice and broke laws to win. I cannot condone their behavior, but they are not really the root of the problem. We, the citizenry, are for our own behavior.
Contact lawyers? Have you been involved in an injury situation or an accident recently?

With my daughter's broken ankle, before the end of the second week she had letters from three different attorney's offices telling her she may have a potential suit from her fall and could receive a CASH AWARD! Last car accident my family was involved in led to a similar result. Some even call and start leaving voice messages.

These lawyers are trolling public records, ambulance calls, accident reports, hospital admittances, etc... and then sending out letters promising to get you money or there will be no charge to you for their services. It's awfully hard when all you're eating is ramen and macaroni or have the debt collectors pounding on the door to say no to the potential of a big cash award that could end (or at least ease) your difficulties. Hell, even if you're financially sound, it isn't always easy to avoid the lure of an easy buck -- or in this case, potentially thousands of easy bucks.

The majority of people probably would have never thought about a lawsuit until the thought of a big cash settlement was waived under their nose -- added to with talk of their being a high likelihood a settlement will be offered and you'll never have to do anything more strenuous then a brief telephone interview about what happened to cause your "injury".

Yes, in the end, individuals are responsible for their choices -- but those choices are clearly influenced by a group of bottom-feeding attorneys that plant the lawsuit idea in the minds of many.
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Old 04-07-2008, 02:24 PM   #6
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Quote:
Originally Posted by Emperor_Nero View Post
With my daughter's broken ankle, before the end of the second week she had letters from three different attorney's offices telling her she may have a potential suit from her fall and could receive a CASH AWARD! Last car accident my family was involved in led to a similar result. Some even call and start leaving voice messages.

These lawyers are trolling public records, ambulance calls, accident reports, hospital admittances, etc... and then sending out letters promising to get you money or there will be no charge to you for their services. It's awfully hard when all you're eating is ramen and macaroni or have the debt collectors pounding on the door to say no to the potential of a big cash award that could end (or at least ease) your difficulties. Hell, even if you're financially sound, it isn't always easy to avoid the lure of an easy buck -- or in this case, potentially thousands of easy bucks.
So basically what you're saying is that lawyers are the devil. I agree.
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Old 04-07-2008, 03:36 PM   #7
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I like the way lawyers can obscure an issue with language. I see it as an art form - like crafting a well-written story. I also like the way lawyers stand up for the rights of individuals when the government is trying to limit those rights. If is wasn't for lawyers, I doubt that this website would even exist.

Just like any other profession, there are good lawyers and bad lawyers.
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Old 04-07-2008, 07:46 PM   #8
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Going the "loser pays" route just flips scales to the other side of injustice -- instead of deep pockets making your a target of litigation, deep pockets shield you from litigation. Plus, as I pointed out, you can already sue for costs for frivolous claims.

And besides, insurance costs will not be affected by tort reforms at all. That's another myth.
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Old 04-07-2008, 07:50 PM   #9
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Quote:
Originally Posted by Emperor_Nero View Post
With my daughter's broken ankle, before the end of the second week she had letters from three different attorney's offices telling her she may have a potential suit from her fall and could receive a CASH AWARD! Last car accident my family was involved in led to a similar result. Some even call and start leaving voice messages.
That sort of thing is a Bar code violation in most states, ya know.
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Old 04-07-2008, 08:43 PM   #10
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That sort of thing is a Bar code violation in most states, ya know.
Well, the obvious question is: why in hell isn't this sort of stuff being monitored, reported and enforced?

Oblimo, as someone who is clearly familiar with the workings of the judicial system, you have to be aware of the abuses that are rampant, all of which arise from the assembly line nature of these mass tort industry-- and you know perfectly well that it has become an industry which, in large degree, is operated for the benefit of the parasites.

Barratry and champerty have run riot in this country. Hell, in Philadelphia, there are people who purposely pull directly in front of an automobile and then slam on the brakes HOPING they'll be backended!! You know what comes after that.


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Old 04-07-2008, 09:21 PM   #11
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Quote:
Originally Posted by trysail View Post
Well, the obvious question is: why in hell isn't this sort of stuff being monitored, reported and enforced?
It is, but apparently not enough.

Quote:
Oblimo, as someone who is clearly familiar with the workings of the judicial system, you have to be aware of the abuses that are rampant, all of which arise from the assembly line nature of these mass tort industry-- and you know perfectly well that it has become an industry which, in large degree, is operated for the benefit of the parasites.
Leading question much?

It's a problem, but it's also a drop in the fucking bucket next to the real dirty money being made in banking. You want to stop runaway insurance premiums? Stop reinsurance. (Which is also run by New York lawyers, so you can still make us out to be second-generation-immigrant devils.)

Quote:
Barratry and Champerty have run riot in this country.
Yes. I'm sure Beatrice is shaking in her shoes.

Quote:
Hell, in Philadelphia, there are people who purposely pull directly in front of an automobile and then slam on the brakes HOPING they'll be backended!!
So? People have been doing that since they invented freaking car insurance.

Quote:
You know what comes after that.
teh buttsecks?
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Old 04-07-2008, 10:42 PM   #12
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"The first thing we do, let's kill all the lawyers". - (Henry VI, Act IV, Scene II).

Actually, before that we kill the political activists who are being funded by Soros to repeal election of judges in states and instead have all judges appointed from narrow lists assembled by - lawyers.

(Alright, "kill them" is not very civil, but you know what I mean.)
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Old 04-08-2008, 06:57 AM   #13
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Quote:
Originally Posted by Oblimo View Post
Going the "loser pays" route just flips scales to the other side of injustice -- instead of deep pockets making your a target of litigation, deep pockets shield you from litigation. Plus, as I pointed out, you can already sue for costs for frivolous claims.

And besides, insurance costs will not be affected by tort reforms at all. That's another myth.
Fifteen years ago the state of New South Wales in Australia was second only to California in the gross level and average awards made to personal injury litigants in common law actions. The State government introduced significant hurdles in terms of gaining access to lump sum settlements whilst enabling more cases to receive fixed amounts (sometimes in the nature of a pension) and enabled access to these benefits through administrative procedures rather than litigation.

Lawyers were substantially cut out in Workers compensation, medical malpractice and Motor vehicle injury claims. Insurance costs in real terms have reduced by approximately 55%.

I would also contend that "loser pays " is much fairer than "winner pays" and obviously prevents many frivolous claims.

I also think that the best defence of fairness is a rigorous judge who cannot be removed or sacked except perhaps for insanity. Democratic election of a judge is an oxy moronic concept.
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Old 04-08-2008, 07:07 AM   #14
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.

. You want to stop runaway insurance premiums? Stop reinsurance. (Which is also run by New York lawyers, so you can still make us out to be second-generation-immigrant devils.)
If you stop reinsurance (and the next stage the retrocessionaire market ) you will have no insurance at all.

Three of the worlds largest reinsurers are Munich Re, Gen Re and Swiss Re. How do New York lawyers run them ?
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Old 04-08-2008, 12:23 PM   #15
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These lawyers are trolling public records, ambulance calls, accident reports, hospital admittances, etc... and then sending out letters promising to get you money or there will be no charge to you for their services. It's awfully hard when all you're eating is ramen and macaroni or have the debt collectors pounding on the door to say no to the potential of a big cash award that could end (or at least ease) your difficulties. Hell, even if you're financially sound, it isn't always easy to avoid the lure of an easy buck -- or in this case, potentially thousands of easy bucks.

i believe this is called free enterprise. develop a product and sell it.
IF, as you state, the product [lawyers' service, payment of settlement] were truly inferior, people would stop buying it.

what trysail elsewhere calls the "iron law of supply and demand" surely holds, here. ambulance chasers exist and offer services based on the demand (and soliciting customers is hardly foul play; i get phone calles from banks offering me loans, quite regularly).

i wonder why try does not trust the market? why does he want laws to interfere with prices that accord with supply and demand?
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Old 04-08-2008, 12:57 PM   #16
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try:
It's long, long, long overdue. Three of the very worst ambulance-chasing, legal extortionists are on their way to the pokey. They are part of the small army of creeps who are abusing the U.S. legal system.

Operating mass tort assembly lines, these scumball parasites have engaged in champerty that has cost us hundreds of billions of dollars.

The tort bar's abusive practices have, among many other illegal actions, included bribery, payment of kickbacks, the forgery of evidence and the employment of bent physicians to certify asbestosis.


try seems to be calling for 'tort reform,' of some sort, else why the thread?

as his own example illustrates, there are many laws on the books to handle lawyers' crooked practices, e.g., against bribery, fraud, theft.

does try want MORE laws? i'd argue that though there are lawyers offering poor [or even dishonest]services, there are plumbers and shoemakers also.

beyond existing laws, why is there a need to deal with inferior products [here, legal services] beyond what the wise market decrees: they are shunned and avoided; those offereing them lose business.

there is no more need to add laws for crappy or crooked lawyers than there is a need to add laws for crappy or crooked plumbers or accountants.
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Old 04-08-2008, 10:17 PM   #17
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If you stop reinsurance (and the next stage the retrocessionaire market ) you will have no insurance at all.
Oh Lord, don't go there. I have enough trouble talking about how the risk of loss has positive value on the Internet in the first place, and now you want get into retrocession. That's like watching Matrix Revolutions backwards without seeing the other movies first.

But you're right, take away reinsurance and the global economy goes kaboom. I just want people like trysail to appreciate the role that mass tort litigation plays in the price of insurance relative to the reinsurance market, i.e., jack squat.


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Three of the worlds largest reinsurers are Munich Re, Gen Re and Swiss Re. How do New York lawyers run them ?
Only because General Electric "sold" it's reinsurance biz to Swiss Re a few years ago, although who knows what stage of the acquisition they're in currently. And when you're manufacturing wealth by playing the world's biggest, most expensive, yet somehow most boring game of hot potato, I just sorta give up and stuff my head in my mattress next to all my money.
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Old 04-08-2008, 10:26 PM   #18
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Lawyers were substantially cut out in Workers compensation, medical malpractice and Motor vehicle injury claims. Insurance costs in real terms have reduced by approximately 55%.
I'll have to scrutinize that cost savings and see to where the costs shifted:


Can you feeeel the scrutiny flowing through you?!
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Old 11-03-2008, 01:35 PM   #19
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I have reproduced the entire article (below) so there is no question of selectivity or cherry-picking facts that are "out of context."

While Ms. Levine has my sympathy, I fail to see any cause for an action against Wyeth.

If the facts are as stated (and I have boldfaced pertinent facts), my question is simple: Why was Wyeth named as a defendant in the first place?

Clearly, the negligent parties were the physicians assistant and the clinic and they have already settled. Ms. Levine has been justly compensated by the responsible parties. I submit that Wyeth was named for one and only one simple reason: a perceived deep pocket.

________________________________________

One-Armed Musician, Wyeth Clash on Patient Lawsuits
By Greg Stohr

Oct. 29 (Bloomberg) -- Children's musician Diana Levine watched her right hand gradually turn black in the six weeks after she was injected with a Wyeth anti-nausea drug. The pain, so powerful even morphine couldn't mask it, subsided only when doctors amputated the arm just below the elbow.

``It was totally shocking to wake up to this,'' said Levine, motioning toward her sleeve-covered stump as she sat in the kitchen of her Marshfield, Vermont, farmhouse. ``I just didn't think it would be that short. It took me quite a while to be able to look at it, to unwrap the bandage.''

Levine's story -- and the $7 million judgment she won from a Vermont state jury -- comes before the U.S. Supreme Court next week. Wyeth and other drugmakers are asking the court to put new limits on patient lawsuits over medications approved by the Food and Drug Administration.

A victory for pharmaceutical companies would put them closer to long-sought goals: uniform national safety rules, a ban on imposition of tougher standards by juries and a shield from billions of dollars in patient claims. At the same time, it would leave at least some injured patients without compensation even if they can show a drugmaker gave short shrift to patient safety.

``Even if the court rules narrowly, it could still be a blockbuster,'' said Mark Herrmann, a Chicago product-liability lawyer at Jones Day who represents companies and co-writes a blog on drug and medical-device law.

At the center of the debate is the role of the FDA, the agency that determines whether a new drug's benefits outweigh its risks and whether the manufacturer's safety warnings to doctors and patients adequately convey the risks.

Striking a Balance
The pharmaceutical industry says the FDA's doctors, epidemiologists and other staff experts are best positioned to strike the right balance. When jurors look at the case of a single injured person, they aren't considering the benefits the drug provides other patients, said Bert Rein, a lawyer for Wyeth.

``A lay jury, really no matter how many experts you throw at it, is not going to be able to make that same kind of sophisticated assessment,'' said Rein, a partner at Wiley Rein in Washington.

The Bush administration is backing the industry, arguing that jury awards can interfere with the FDA's work by forcing drugmakers to exaggerate some dangers.

``Overwarning can both deter beneficial uses of a drug and limit physician appreciation of potentially far more significant risks,'' the government argued.

High Court Success
The administration has joined business groups in making federal pre-emption of lawsuits brought under state law a priority, generally meeting with success at the Supreme Court. The court in February curbed suits against makers of medical devices.

The FDA came out in favor of pre-emption in the drug context in 2006, saying the Federal Food, Drug and Cosmetic Act establishes ``both a floor and a ceiling'' for warnings. The agency took that position over the objections of some of its top staff members, according to a report released today by congressional Democrats.

Levine's supporters point to what they say has been a dismal FDA track record. Six current and former editors of the New England Journal of Medicine told the court that tens of thousands of people may have died from Merck & Co.'s Vioxx painkiller, Wyeth's Pondimin and Redux diet drugs and Bayer AG's Trasylol bleeding treatment. All four drugs have since been withdrawn.

11,000 Regulated Drugs
With 11,000 regulated drugs on the market and almost 100 more approved every year, the understaffed agency doesn't have the resources to adequately ensure both efficacy and reasonable safety, the editors said in a court filing.

``The FDA alone simply lacks the ability to serve as the sole guarantor of drug safety,'' the editors said. The filing was the first Supreme Court brief to be signed by every editor-in- chief of the medical journal.

The FDA is particularly hard-pressed to evaluate the volumes of safety information that become available only after a drug hits the market, said Theodore Ruger, a University of Pennsylvania law professor who specializes in food and drug law and joined a brief backing Levine.

``The FDA has done a better job at the upfront approval decision than in monitoring the safety of already marketed drugs,'' said Ruger, a former law clerk to Justice Stephen Breyer. Two former FDA commissioners, Donald Kennedy and David Kessler, are making similar arguments in support of Levine.

FDA's Views
Ruger also questioned whether the FDA's views on pre- emption, developed without the notice-and-comment process that usually accompanies agency rulemaking, should carry any weight in interpreting a federal statute.

Levine received two injections of Phenergan in April 2000 to treat nausea associated with a migraine headache. The first dose, like ones she had received previously, was injected into a muscle. For the second, the physician's assistant chose the faster-acting ``IV push'' method, using a syringe to inject the medication directly into a vein in her arm.

A portion of the second dose accidentally penetrated Levine's artery, destroying it and eventually killing tissue in her arm and hand. Levine underwent two amputations, first losing her right hand and then her arm up to her elbow.

Although Phenergan's two-page packaging insert warned that injection into an artery could cause gangrene, Levine says the IV push method is so risky the company should have told doctors not to use it.


Favorite Instrument
Now 63, Levine can no longer play her favorite instrument, the bass guitar. Even writing songs has become a chore, complicated by the carpal tunnel syndrome that afflicts her left hand and limits her piano playing and typing.

``The biggest loss was the music, for sure,'' she said. ``It was just heartbreaking to me.''

Wyeth blames Levine's injuries on the physician's assistant who administered the drug. Levine previously received $700,000 to settle her case against the physician's assistant and the clinic where she was treated.

Rein, the company's lawyer, says that the IV push method should be an option for doctors seeking immediate relief of a patient's symptoms. Wyeth no longer makes Phenergan, now sold only in generic form.

The company is seeking to distinguish the Phenergan case from the higher-profile Vioxx litigation, which involves allegations that Merck didn't tell the FDA about post-approval studies indicating increased health risks. Merck has agreed to pay $4.85 billion to settle claims that Vioxx caused heart attacks, strokes and sudden death.

Rein said Wyeth's Supreme Court argument would leave room for suits if drugmakers withhold safety data from the FDA or promote products for uses not approved by the FDA.

``We're not arguing for a principle that is so broad that no one could sue a drug manufacturer,'' Rein said.
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Old 06-07-2009, 12:45 PM   #20
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Only in America- where both the buffalo and ambulance chasers roam!

I fervently hope and pray that this patently obvious attempt to shake down the defendants for money will be laughed out of court.
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Hancock's Father Sues Restaurant, Towing Company in Son's Death

By Danielle Sessa

May 25 (Bloomberg) -- The father of St. Louis Cardinals pitcher Josh Hancock sued a restaurant, the driver of a stalled car and a towing company for their roles in his son's death.

Hancock, 29, was killed April 29 when his sport-utility vehicle smashed into the back of a tow truck that was assisting a disabled car on a highway in St. Louis. Police said Hancock was drunk, had marijuana in his car, was speeding and wasn't wearing a seat belt.

The suit, filed in St. Louis Circuit Court, said Mike Shannon's Steaks and Seafood and its manager, Patricia Shannon Van Marte, served Hancock drinks even though he was visibly intoxicated, and that his intoxication was ``involuntary.''

It also said the driver of the disabled vehicle, Justin Tolar was negligent for allowing his car to crash into the median and stall in the left lane of the highway.

Eddie's Towing LCC and the tow-truck driver, Jacob Edward Hargrove, were negligent in pulling up behind the stalled car without providing a warning to oncoming traffic, the lawsuit said

Hancock's father, Noel Dean Hancock, is seeking damages in excess of $25,000.

Hancock was involved in another car accident three days before his death. Police determined that alcohol didn't play a role in the earlier crash. Hancock was then late to that afternoon's game and the St. Louis Post Dispatch, citing sources it didn't identify, said it was because he was hung over, a claim manager Tony La Russa denied.

The case is Noel Dean Hancock vs Mike Shannon's Steaks and Seafood, Patricia Shannon Van Marte, Eddie's Towing LLC, Jacob Edward Hargrove and Justin Tolar, 0722-CC01721, filed in the City of St. Louis Circuit Court.
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Old 06-07-2009, 05:38 PM   #21
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Quote:
Originally Posted by trysail View Post
Only in America- where both the buffalo and ambulance chasers roam!

I fervently hope and pray that this patently obvious attempt to shake down the defendants for money will be laughed out of court.
______________________________________

Hancock's Father Sues Restaurant, Towing Company in Son's Death

By Danielle Sessa

May 25 (Bloomberg) -- The father of St. Louis Cardinals pitcher Josh Hancock sued a restaurant, the driver of a stalled car and a towing company for their roles in his son's death.

Hancock, 29, was killed April 29 when his sport-utility vehicle smashed into the back of a tow truck that was assisting a disabled car on a highway in St. Louis. Police said Hancock was drunk, had marijuana in his car, was speeding and wasn't wearing a seat belt.

The suit, filed in St. Louis Circuit Court, said Mike Shannon's Steaks and Seafood and its manager, Patricia Shannon Van Marte, served Hancock drinks even though he was visibly intoxicated, and that his intoxication was ``involuntary.''

It also said the driver of the disabled vehicle, Justin Tolar was negligent for allowing his car to crash into the median and stall in the left lane of the highway.

Eddie's Towing LCC and the tow-truck driver, Jacob Edward Hargrove, were negligent in pulling up behind the stalled car without providing a warning to oncoming traffic, the lawsuit said

Hancock's father, Noel Dean Hancock, is seeking damages in excess of $25,000.

Hancock was involved in another car accident three days before his death. Police determined that alcohol didn't play a role in the earlier crash. Hancock was then late to that afternoon's game and the St. Louis Post Dispatch, citing sources it didn't identify, said it was because he was hung over, a claim manager Tony La Russa denied.

The case is Noel Dean Hancock vs Mike Shannon's Steaks and Seafood, Patricia Shannon Van Marte, Eddie's Towing LLC, Jacob Edward Hargrove and Justin Tolar, 0722-CC01721, filed in the City of St. Louis Circuit Court.
Although I can sympathize with the father of the deceased, I also hope the case gets thrown out of court and that the plaintiff and his shyster get stuck major damages for bringing the frivolous action. Although I don't always believe the cops, they have no reason to lie, and blood tests would have been done on the deceased, which is how they knew he was drunk. I doubt that the restaurant would have any liability at all and I know that nobody else would.

I wonder of Hancock might be eligible for a Darwin Award.
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Old 06-07-2009, 05:51 PM   #22
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I know some lawyers actually do good. It's the 99% of them who are shitheels that give the rest a bad name.

Okay, that's probably an exaggeration. I don't know any actual statistics, but I would be willing to bet that the big majority of tort lawyers are ambulance chasing shysters or worse. When I say "worse" I mean those who try to persuade people to file lawsuits even when they are not injured parties, strictly to get a big cut of a settlement of a nuisance claim.
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Old 06-07-2009, 06:24 PM   #23
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Problem is, some of these insane suits go through. Like when a thief falls through a skylight and sues the school/mall for putting it there and not warning him.
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Old 06-07-2009, 10:19 PM   #24
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In some of the nanny states here in America, the establishment and the bartender can be held libel for a) serving a patron who is obviously intoxicated and sometimes b) allowing an intoxicated patron to drive.

In either case the can legally be sued and because of the laws be found guilty an be liable for damages.
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Old 06-07-2009, 11:07 PM   #25
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Quote:
Originally Posted by DeeZire View Post
I like the way lawyers can obscure an issue with language. I see it as an art form - like crafting a well-written story. I also like the way lawyers stand up for the rights of individuals when the government is trying to limit those rights. If is wasn't for lawyers, I doubt that this website would even exist.

Just like any other profession, there are good lawyers and bad lawyers.
You might be right, which is why we are griping about tort lawyers, who are the bottom feeders, rather than civil rights attorneys.
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