Well, at least some doctors are hoping to discern such a trend on the strength of two data points: the case Ted has covered in which the Ohio Supreme Court struck down a $30 million verdict because of the shenanigans of attorney Geoffrey Fieger, and a Michigan case from March in which an appeals court overturned a $500,000 verdict against a Flint doctor and ordered a new trial. In the latter case the appeals court “noted the trial judge ‘valiantly and repeatedly attempted’ to restrain Konheim [Southfield, Mich., plaintiff attorney Joseph Konheim]. ‘There is a point, however, when an attorney’s deliberate misbehavior becomes so repetitive and egregious that it necessarily impacts the jury, notwithstanding the judge’s efforts. That point was reached here,’ the unanimous opinion states. It also says that Konheim belittled witnesses on the stand and made ‘irrelevant’ and ‘disparaging’ statements that diverted the jury’s attention from the case’s merits. Konheim is asking the court to reconsider.” (Amy Lynn Sorrel, “Lawyers’ misconduct triggers new liability trials”, AMedNews (AMA), May 5).
Archive for May, 2008
Site overhaul latest
Yes, I’m working through this lovely Memorial Day holiday on this.
1) Thanks in part to a very helpful plugin from developer Alex King, most individual post URLs from the old site now redirect seamlessly to the new. (Some still don’t work properly, but we’re probably not going to be able to fix that).
2) URLs are shorter with the “index.php” now gone. Again, this should redirect seamlessly so it shouldn’t matter if you’ve bookmarked an address that uses the longer version.
3) The new crisis is that monthly archives in the new site are fritzed. At work on restoring them. Update 5:45 p.m.: back working now.
P.S. And now we have a site map too.
Who’s linking to us this week?
If you’re reading our blog, you might be interested in some of the blogs that link to us, which include the ones in our sidebar to the right, Judgepedia, Right Thinking, Adam Smith Institute, Patterico, The Objective Eye, Locomotive Breath 1901, Lumpen, Rougblog, New Age, A Brief History, Tai-Chi Policy, Moorewatch, DBKP, Jane Genova, BuffaloG, Not Frequently Updated, Not PC, Nobrainer, and Walker.
Voter fraud: If Dahlia Lithwick repeats a lie often enough, maybe it will become true
The notion that present-day Democrats regularly steal elections by engaging in concerted efforts to vote multiple times in funny mustaches is a myth, unsupported by data or fact.
— Dahlia Lithwick, Slate, May 24
As outlined at trial, the vote fraud scheme infected not only the actual voting process in November, but also the voter registration process preceding the election. Several persons, including the defendant Cusack, falsely registered to vote by claiming to reside at addresses within the precinct when they actually resided elsewhere. The actual residents at these addresses were asked to place name-tags on their doors that bore the names of the non-resident registrants. The defendants, and several others acting under their direction, also participated in a canvass of the precinct …. Although the canvass disclosed that a number of persons who were registered to vote in the precinct had died, moved away, or for some other reason had become ineligible to vote, these persons were not struck from the list of eligible voters. Finally, on election day the defendants, either personally or by acting through others, caused numerous false ballots to be cast for the straight Democratic ticket.
— United States v. Howard, 774 F.2d 838 (7th Cir. 1985)
[T]he U.S. Attorney in Chicago at the time, Daniel Webb, estimated that at least 100,000 fraudulent votes (10 percent of all votes in the city) had been cast. Sixty-five individuals were indicted for federal election crimes, and all but two (one found incompetent to stand trial and another who died) were convicted.
— Hans A. von Spakovsky, Heritage Legal Memorandum #23
Update: Some commenters complain that the 1982 example is irrelevant to Lithwick’s claim, because it is modified by “present-day.”
Present-day examples include 2007 cases in Hoboken, NJ, Noxubee, MS, and King County, WA—not to mention the unprosecuted voter fraud in Washington state in 2004, which affected the gubernatorial election. There may be many more examples, except Democrats are using lawsuits to block attempts to compare voter rolls with addresses.
Lithwick’s argument against present-day voter fraud is that there are very few prosecutions, and that therefore prevention measures are not needed. This is akin to arguing that, because very few people are ticketed for running red lights, there is no need for traffic signals. If there’s less voter fraud today, it’s in large part because of the prosecutions in the 1980s. Given Senator Obama’s appalling block on the van Spakovsky nomination to the FEC, and the liberal activism against preventing vote fraud, one worries that an Obama Justice Department will cease prosecuting voter fraud, and that there will be a return to the bad old days, in which case 1980s examples from when the DOJ first started prosecuting vote fraud are quite relevant.
Claim: allergic to wi-fi
“A group in Santa Fe says the city is discriminating against them because they say that they’re allergic to the wireless Internet signal. And now they want Wi-Fi banned from public buildings. … [Arthur] Firstenberg and dozens of other electro-sensitive people in Santa Fe claim that putting up Wi-Fi in public places is a violation of the Americans with Disabilities Act. The city attorney is now checking to see if putting up Wi-Fi could be considered discrimination. But City Councilor Ron Trujillo says the areas are already saturated with wireless Internet.” (Gadi Schwartz, KOB, May 20).
Fingerprinting mortgage professionals?
If the feds are really in search of types of jobholders with a high risk of scandal and defalcation, we could probably come up with some other nominees for them. (John Berlau, CEI “Open Market”, May 23). New York apparently has such a system already (North Country Gazette); see also Reason comments (employees of SEC-regulated financial institutions).
Kentucky Fund for Healthy Living
The name does have a clean, daisy-fresh smell to it, like a good laundry. In this case the laundering being done was of settlement money in the Kentucky fen-phen scandal. (WSJ law blog, Louisville Courier-Journal, Lexington Herald-Leader, Krauss @ PoL).
$1.6 billion tax break for trial lawyers?
H.R. 6049, “The Renewable Energy and Job Creation Act, among other things, reduces taxes on lawyers with an offsetting increase in taxes on investment managers and corporations.” To the tune of $1.6 billion, literally transferred from the productive sectors of the economy to the parasitic sector. Carter Wood and Marc Hodak comment; Bush threatens a veto. (Separately, don’t miss Marc Hodak’s comments on Ted Kennedy’s glioma.)
Texas overreached in snatching polygamy kids
Update: alt-weekly predatory pricing case
Antitrust law trips up pillar-of-counterculture-journalism Village Voice Media, cont’d: “San Francisco Superior Court Judge Marla Miller raised the amount the Weekly [SF Weekly] must pay in damages to the Bay Guardian — from $6.3 million to $15.9 million — for undercutting its rival with below-cost ads.” (Meredith May, “Judge raises damages in case against SF Weekly”, San Francisco Chronicle, May 21; earlier; sample SF Weekly business-bashing piece, channeling plaintiff’s lawyers’ contentions in Parmalat case). “Predatory pricing — selling ads below cost with the goal of putting your competition out of business — is typically something alt weeklies cover, not something they get caught and fined for.” (Josh Feit, TheStranger.com (which competes with VVM’s Seattle Weekly), Mar. 5).