Archive for November, 2005

Next week’s balloting

Looking forward to next Tuesday’s election:

* The American Justice Partnership is blasting Virginia Democratic gubernatorial candidate Tim Kaine, noting that while a practicing trial lawyer he was sanctioned by a court for filing a suit deemed meritless and that while mayor of Richmond he asked staffers to look into the possibility of having the city sue gun manufacturers. For an account of the 1989 suit, see AP coverage, Jan. 10, and this Commonwealth Conservative post, the comments section of which indicates the Kaine campaign’s response. The Kaine campaign’s response on the gun-suit issue is here.

* * In California, campaigning continues on Proposition 79 (see Oct. 26), which would among other provisions empower anyone to sue pharmaceutical companies for the vaguely defined offense of “profiteering”. (William Finn Bennett, “Libertarians blast both prescription drug initiatives”, North County Times, Oct. 29). The Civil Justice Association of California strongly opposes the measure, as should we all.

* Washington state doctors and lawyers continue to battle down to the wire on legal-fee limits (see Ted Frank, PoL, Sept. 12) and now the lawyers appear to have thrown in the towel on their counter-initiative so as to devote all resources to defeating the doctor-backed I-330. (Ralph Thomas, “Doctors, lawyers toss mud to tout message”, Seattle Times, Oct. 10; Seattle Times, “Lawyers’ new goal: Defeat I-330”, Oct. 31) (via KevinMD). Pro-I-330 forces have put up a website whose contents, like its name, are rather rude: TheirLipsAreMoving.com (if you need the reference to the old lawyer joke explained, visit the site). And Arizona doctors are studying the Washington initiative with an eye to possibly launching one of their own, despite trial lawyers’ threats of a revenge-initiative if they do (Phil Riske, “Doctors, lawyers still might square off on the ballot”, Arizona Capitol Times, Oct. 31).

“Trial Lawyers Inc. — Health Care”

Last week the Manhattan Institute (with which I’m associated) released Trial Lawyers Inc. — Health Care, the third in its series of “annual reports” on the doings of the litigation industry. (The first two were a general nationwide report under the title of “Trial Lawyers Inc.“, and a report on trial lawyers’ doings in California). While I can’t take credit for the new report — Jim Copland, who heads the Institute’s Center for Legal Policy, is the one to thank — I can report that the new publication is chock full of valuable facts and statistics about the health care litigation scene, and is must reading for anyone who wants to follow the subject. Subdivision/chapters include:

Drugs and Medical Devices
Special Focus: Vaccines
Medical Malpractice
Special Focus: Hospitals
Health Maintenance Organizations
Government Relations/Public Relations

For our posts on these issues, see our “Bad Medicine” pages, first and second series, and (for pharmaceutical matters) our products liability page. The new TLI report, again, begins here in HMTL form, and can be downloaded in PDF form here.

Joan Kennedy Taylor, RIP

A cherished friend, wise adviser and writer/activist of formidable gifts, Joan Kennedy Taylor died on Sunday at age 78 after a long illness. Joan was a key figure in the early history of the Manhattan Institute; her supremely thoughtful work helping Charles Murray to shape and present the argument of Losing Ground, the book that demonstrated the failure of the War on Poverty and revolutionized the welfare debate, rightly became a legend in the policy world. Much of Joan’s own writing sought to advance the themes with which she was above all else associated, namely those of an individualist feminism grounded in Enlightenment values and committed to liberty and specifically to free expression. Her unique book for the Cato Institute and NYU Press, What to Do When You Don’t Want to Call the Cops: A Non-Adversarial Approach to Sexual Harassment, was discussed on this site Nov. 12 and Nov. 13-14, 1999 and Feb. 19-21, 2000.

Joan made an enormous impression on me when I first met her in 1976, having already been a fan of her radio commentaries (she was one of the contributors to CBS radio’s rotating “Spectrum” lineup). When I landed in New York City ten years later it was inevitable that I would seek out her renewed acquaintance. Only much later did I learn about the fascinating life she had led, born to a family of much cultivation (her father was the prominent music critic and composer Deems Taylor), and later close for many years to Ayn Rand. Joan’s preferred methods of persuasion, however, could hardly have stood in more contrast from those of Rand, as may be evident from this profile:

While her views put her at odds with many “mainstream” feminists, Taylor says she prefers to work to build alliances rather than accentuate differences. “New Deal feminists may put more faith in government solutions than would libertarians or classical liberals,” she said in an online discussion (May 7, 1999). “But I think it makes sense to keep the bridges to what is good about the liberal tradition, so that one can call upon our common heritage in the Enlightenment and the American constitutional tradition of individual rights.”

Always reluctant to turn political disagreements into occasions for acrimony and denunciation, Joan raised to a virtual art the search for common ground with others of good will. Other comments: Jesse Walker, Cathy Young, Ed Hudgins (and more) and Wendy McElroy (cross-posted at Point of Law).

P.S. There is now a tribute blog whose first post offers a more detailed account of her life. And now Charles Murray has published, in Reason, a beautifully written appreciation (Nov. 1). More: Chris Sciabarra, Dave Zincavage. And an obituary article by Jeff Riggenbach.

Rhode Island lead paint retrial

The state’s public nuisance action against companies that long ago sold lead paint for interior use, the only such lawsuit filed by a state government, ended in a mistrial three years ago: see Oct. 30-31, 2002. Now it’s come to retrial in a Providence courtroom, with huge potential stakes. (Eric Tucker, “Landmark lawsuit against lead paint industry to return to court”, AP/Boston Globe, Oct. 16; “New lead paint trial set in Rhode Island”, UPI/Science Daily, Oct. 17.) Speechwriter/blogger Jane Genova is blogging it live from the scene, with first posts here and here. DuPont paid this summer to be let out of the case: see Jul. 2. On the politics behind the suit, see Jun. 7 and Jun. 8-10, 2001.