Posts Tagged ‘for me but not for thee’

Arbitration for me, but not for thee

The Civil Justice Association of California says it so well, we might as well just quote them:

“Fee arbitration offers cheaper, faster alternative to litigation.” Where did that headline run? Give up? In the California Bar Journal, the “Official Publication of the State Bar of California! The story beneath it praises fee arbitration between lawyers and clients, saying that arbitrators are reporting that their work “gives people immediate results, unlike protracted litigation.”

The Bar’s presiding arbitrator, Arne Werchick, is quoted as saying: “It’s a neutral program that gives everyone a fair shake.”

We hope Mr. Werchick, who was president of the trial lawyers association in 1980, sends copies of the article to personal injury and other plaintiffs’ lawyers in Sacramento and Washington. They are once again firing up their endless campaign to block people’s constitutional right to contract to settle future disputes by arbitration rather than going to court.

Separately, ABC News parrots the trial-lawyer line with misleading coverage of another arbitration involving Tracy Barker: they falsely report that Barker’s lawsuit was “killed” (when it will in fact be heard in the forum that Barker contractually agreed to litigate in), that the proceedings will be “secret” (when Barker has the right to publicize them the same way she can publicize a trial), and waits until deep into the story to acknowledge that the arbitration clause does not prohibit the employee from bringing litigation against her alleged rapist. Where’s John Stossel and “Give Me A Break” when you need him?

For more on the litigation lobby’s battle against arbitration, see the Overlawyered arbitration section.

Tenn. politico: in case of emergency call my TTLA friend

Tennessee state representative Rob Briley chaired the Judiciary Committee in the state House, and also held a seat on a study committee “assigned to recommend changes in the state’s DUI laws.” So you might regard it as unseemly of him, after having smashed his vehicle into a pickup truck on the afternoon of Sept. 8, to have led police on a 100-mph chase in Wilson and DeKalb counties. The chase culminated in his being apprehended and charged with offenses that included drunken driving, evading arrest, and vandalism. The vandalism consisted of doing “about $1,000 worth of damage to the patrol car by kicking and punching the back door and window”, according to police, who say they found an empty bottle of bourbon and several bottles of prescription meds in Briley’s SUV.

What raised some eyebrows around the state is that when officers at the Wilson County Jail had him fill out a form listing a “next of kin” or other person he wanted contacted, Briley, who is going through a divorce, named Mary Littleton, lead lobbyist for the Tennessee Association for Justice, formerly known as the Tennessee Trial Lawyers Association. His explanation later was that Ms. Littleton was a logical person to name since she knew a lot of lawyers and he was going to need a lawyer. Briley has now resigned his Judiciary chairmanship as well as the seat on the DUI commission, and says he’s in rehab. Indeed, he claims he was headed for a rehab center on the afternoon in question — so eager to get there, perhaps, that 100 mph seemed only reasonable. He has now retained Ms. Littleton, who describes herself as a long-term friend, and two other attorneys to represent him. (Eric Schelzig, “Video shows Rep. Briley berating police, sobbing”, AP/Ashland City Times, Sept. 12; Kleinheider blog, WKRN, Sept. 13; Sheila Wissner, “Briley listed lobbyist as contact after DUI arrest; has no memory of chase”, The Tennessean, Sept. 13; Michael Silence, Sept. 13; Tom Humphrey, “Rep. Briley steps down from chairman position”, Knoxville News-Sentinel, Sept. 15; Sheila Wissner and Sheila Burke, “Arrest report says Briley had been committed”, Ashland City Times, Sept. 15).

Karma ran into her dogma

“Wisconsin’s state Attorney General [Peg Lautenschlager], who pushed hard for a .08 BAC limit in the state, was arrested for drunken driving Monday night. We don’t know what her BAC was, because she refused to take a breath test (by the nature of the accident, I’d guess it was far higher than .10). Wisconsin is one of 37 states to adopt a measure championed by MADD that’s truly one of the most hysterical drunk driving laws on the books — the state actually imposes a harsher sentence for refusing to take a roadside breath test than it does for taking one and failing it.” (Radley Balko, Feb. 25) See Phil Brinkman, “Lautenschlager gives emotional apology, takes no questions”, Wisconsin State Journal, Feb. 27; Steven Elbow, “AG cited in drunk driving”, Capitol Times (Madison), Feb. 24 (in 1981, state’s then-AG was picked up driving with BAC above legal limit; was easily re-elected the next year); Elbow, “AG’s alcohol level was 0.12”, Feb. 25.