The Pittsburgh Post-Gazette takes a look at the system of plea bargaining and the pressure it can place on defendants to forgo their right to a jury trial of the charges against them. (Paula Reed Ward, Mar. 27)(via Balko).
Archive for June, 2006
Update: stadium beer-vending verdict
Bunco burrito
Headline of this Traverse City, Mich. tale says it all: “Man Who Put Dead Mouse in Burrito at Taco Bell Given Prison Time” (AP/FoxNews.com, Jun. 2). One word of advice: if you’re going to pull this kind of stunt, don’t use the kind of frozen mice that pet stores sell as food for snakes, at least not if anyone can testify to your having bought them.
David Giacalone on hiatus
“10 years in legal hell”
The tale of Dr. Lenard Rutkowski: plaintiff John Murphy was caught on the stand faking his injuries, but the jury was offended by the violation of privacy from the defense’s secret videotaping of the plaintiff lifting heavy file cabinets, and awarded $5.6 million in damages for a medical error, even though a second surgery didn’t fix the problem for which he blamed the first doctor. Murphy eventually settled for $3 million, and he and his lawyer suffer no consequence for his exaggerations. Illinois, however, lost a neurosurgeon; Rutkowski’s practice was disrupted for years, and he eventually found it was cheaper to practice in a state where insurance rates were nearly 80% lower. (Berkeley Rice, Medical Economics, Jun. 2) (via Kevin MD).
The fact that Rutkowski sued his insurance company for the difference between his policy limits and the verdict shows why the ability of plaintiffs to get jackpot-sized damages on noneconomic claims has an effect on insurers and insurance prices even beyond insurance policy limits.
“At least we should enforce the law”
Not a terribly useful meme, thinks Tyler Cowen (Jun. 5).
National Kidney Foundation
Some years back, observing that such old-line health non-profits like the American Lung Association, American Heart Association and American Cancer Society had vocally backed tobacco product-liability litigation along with other bad causes, I suggested the National Kidney Foundation as a major health charity to which one could donate in good conscience without fearing that one might be undermining the cause of liberty and personal responsibility (Reason, Aug./Sept. 1997). Whoops! Virginia Postrel makes me realize I may have been off base with that one (Jun. 2, Jun. 4). Oh well, there’s still the admirable anti-cleft-palate Smile Train.
O’Reilly radio today
I’m scheduled to be a guest on Bill O’Reilly’s radio program today, shortly after noon Eastern time, to talk about the role of judges.
America’s most litigious
Sometimes they’re doctors: “Since 2001, [Dr. Elizabeth] Rohr has filed at least 900 pages of lawsuits, court records show. There are 14 lawsuits bearing Rohr’s name in the Denton County database.” (Ben Tinsley, “Litigious doctor busily adds to court dockets”, Fort Worth Star-Telegram, May 2)(via KevinMD).