Author Archive

Nurse Cullen’s references, cont’d

New York Times publishes its investigation into the 16-year career of the confessed killer nurse: “Mr. Cullen’s case has exposed a fundamental weakness in health care: the difficulty of prospective employers to learn of someone’s past troubles. Employers frequently refuse to pass on negative information, even about people they have fired, for fear of being sued for slander by the former employee. …[Mandated reporting systems are weak as well.] ‘There needs to be some kind of safe harbor that would allow past employers who’ve taken adverse actions to share that, and to describe the associated facts, without fear of legal action,’ said Dr. Arnold Milstein, a health care consultant and one of the founders of the Leapfrog Group, a national business alliance dedicated to improving health care.” (Richard Perez-Pena, David Kocieniewski and Jason George, “Through Gaps in System, Nurse Left Trail of Grief”, Feb. 29)(see Jan. 29, Dec. 18). Cut to Cure (Mar. 2) comments: “So we have the lawyers saying on the one hand if we will just clean our own house and get rid of the bad apples, the medical liability problem will take care of itself. But when such efforts are made, the lawyers try to put a stop to it.”

The Christian Science Monitor has a good roundup of the state of reference-chilling (Randy Dotinga, “Would you hire this man?”, Mar. 1) but then goes on to illustrate the problem only too well by way of a companion article whose advice is summed up in its title: “If an old boss smears you, hire a detective” (Jennifer LeClaire, Mar. 1). According to the latter piece, one complainant was successful in extracting a cash settlement from a former employer on the grounds that it had refused to respond at all to reference requests.

“Edwards gave loan to a federal judge”

“In 1994, when Sen. John Edwards (D-N.C.) was still the biggest tort lawyer in North Carolina, he lent $30,000 to a federal bankruptcy judge who was then overseeing a case on which Edwards?s wife, Elizabeth, did much of the legal work. The judge, J. Rich Leonard, is a longtime friend of Edwards?s. … Jonathan Turley, a professor of law at George Washington University who has brought ethics charges against judges before, said the arrangement presented a ‘compelling case of conflict of interest. It is hard to imagine a judge could rationalize presiding in a case where he holds a loan from a couple,’ he said.” Both Judge Leonard and the Edwards campaign deny impropriety and say the loan was fully disclosed and was repaid. Although Elizabeth Edwards’s law firm received a $1 million contingency fee for its work in the case she handled before Leonard, the fee was paid after she had already left the firm and she has said that she did not receive any of the proceeds. (Geoff Earle, The Hill, Mar. 2). Plus: instant retrospectives on the Edwards campaign (Chris Suellentrop, “The Pretender”, Slate, Mar. 2; Michael Graham, “The littlest candidate”, National Review Online, Mar. 3).

“Dick Clark sued for age discrimination”

“A 76-year-old game show producer sued Dick Clark Monday, alleging the 74-year-old Clark called him a ‘dinosaur’ and refused to hire him because of his age.” When Ralph Andrews, who had produced game shows in the 1960s and 1970s, wrote the veteran television personality “to say he was interested in available positions, Clark wrote back, allegedly turning Andrews down because of his age. ‘I have great respect and admiration for your accomplishments, and wish you success in your desire to ‘get back to work,’ Clark’s letter read, according to the suit. ‘(But) the last development guy we hired was 27 years old. Another person who is joining our staff next week is 30. People our age are considered dinosaurs! The business is being run by “The Next Generation.”‘” Andrews now wants damages under age-bias law. (AP/San Francisco Chronicle, Mar. 1). More: if semi-anonyblogger Slithery D were running this site, he wouldn’t have posted the above item; but Virginia Postrel probably would’ve.

U.K.: “Union tells teachers to end all school trips”

Britain’s “second biggest teaching union advised its 223,000 members yesterday to stop taking children on school trips because ‘society no longer appears to accept the concept of a genuine accident’.” Members of the NASUWT union have been blamed, and in one instance sentenced to a prison term, after students drowned on outings in two separate incidents. “Because of growing allegations of abuse, the union has also advised members not to give children a lift in their own vehicles, not to place themselves in a ‘one-to-one situation’ with a child and not to drive a minibus on an educational visit.” The largest British teacher’s union, NUT, disagrees with NASUWT’s stand and says it continues to view field trips as essential. (John Clare, Daily Telegraph, Feb. 19).

Milberg Weiss client likened to frog

After a client of the prominent class action firm (see Feb. 4, Jan. 11, Jul. 1, earlier posts) said that it no longer wanted to take the lead role in the case of In re Copper Mountain Securities Litigation, Judge Vaughn Walker, of the federal district court in San Francisco, wrote: “A class representative suing to rescue distressed plaintiffs may sometimes appear to be a prince. But, in reality, the heroic prince, perhaps, is actually a frog.” Earlier, the Ninth Circuit had used the case to strike down Judge Walker’s attempt to employ an auction method to select the lead counsel for plaintiffs. (Brenda Sandburg, “Judge: Class Action Prince Was Really a Frog”, The Recorder, Feb. 19). More: Lyle Roberts at 10b-5 Daily has more details.

“Make you Ralph”

“The qualities that liberals have observed in him of late — the monomania, the vindictiveness, the rage against pragmatic liberalism — have been present all along. Indeed, an un-blinkered look at Nader’s public life shows that his presidential campaigns represent not a betrayal of his earlier career but its apotheosis.” (Jonathan Chait, The New Republic, Mar. 8). And Peter Brimelow, who with Leslie Spencer wrote a noteworthy piece of investigative journalism on Nader for Forbes more than a decade ago (“Ralph Nader Inc.”, Forbes, Sept. 17, 1990) has now reprinted that article at his VDare.com site. For more on Nader, see Feb. 22; Jun. 13, 2000; etc.

“Jury awards ex-student $750G”

Although BadJocks.com opined that it “could arguably be the dumbest sports lawsuit” of last year, it proved quite successful in a Westchester County, N.Y. court: “The Ossining school district must pay $375,000 to a former star high school basketball player for failing to properly supervise a school secretary who carried on a two-year affair with the student, a federal jury has decided.” The athlete, Rahssan Simmons, “said the fallout from the affair [with school secretary Felicita DeJesus] caused emotional and psychological trauma from which he still suffers, and derailed a possible pro basketball career. The jury awarded Simmons $750,000 but said the district and DeJesus were each responsible for half the amount, even though DeJesus was not named as a defendant in the lawsuit.” School officials said they did not know about the affair, but Simmons attorney Keith Harriton countered it had been an “open secret” and that an anonymous letter had been sent to the school warning them of it. (New York Journal News (Westchester County, N.Y.) coverage by Timothy O’Connor: “Jury awards ex-student $750G”, Feb. 10; “Tearful testimony unfolds at sex trial”, Feb. 4; “Ossining retrial begins”, Jan. 27; “District sued over student’s affair with secretary”, Dec. 9).

Fla. docs petition to curb malpractice fees

Citizens for a Fair Share, a group backed by the Florida Medical Association, is seeking to put a state constitutional amendment on the ballot in the Sunshine State to limit attorneys’ fees in medical malpractice cases; it’ll need to collect 450,000 verified signatures (Donna Wright, “Doctors petition for tighter cap on fees”, Bradenton Herald, Nov. 4; Gary Fineout, “A Crisis Or Battle Of Special Interests”, Lakeland Ledger, Nov. 24; Patrick Danner, “Lawyers’ fees come under fire”, Miami Herald, Jan. 4; “Sunshine, Ballots and Lawyers”, Center for Individual Freedom, Feb. 12). But Associated Industries of Florida, the state’s leading business group, is opposing the measure (Diane Hirth, “Lobby groups disagree on drive”, Tallahassee Democrat, Jan. 31)(FMA statement).

As for the state’s trial lawyers, they have already prepared revenge initiatives against the doctors. A group calling itself Floridians for Patient Protection, a political action committee of the Academy of Florida Trial Attorneys, is collecting signatures for three constitutional amendment proposals of its own. One of its proposals “would require physicians to charge the same fee for the same service to all patients.” (Liz Freeman, “Supporters of cap on attorney fees collect enough signatures for review”, Naples Daily News, Feb. 11). The executive director of the Academy of Florida Trial Lawyers describes the initiatives as “countermeasures to ensure that the FMA must play defense first and offense second” (Scott Carruthers, “Pressing Forward”, Jan. 1, likely to rotate off URL). (Update Jul. 20: both doctors’ and lawyers’ measures qualify for ballot.) The revenge-initiative technique has served the litigation lobby well in California ballot battles. After insurance companies were so rash as to support efforts to obtain liability reform through the initiative process, trial lawyers struck back in 1988 with the rate-slashing Proposition 103, which inflicted huge losses on the industry. And when high-tech execs stepped to the plate with a batch of initiatives aimed at curbing litigation, the trial lawyers’ riposte was a counter-initiative that would have put the executives’ personal homes and assets at risk in a much broader range of securities cases. Both groups got the message, and abandoned the California initiative game.

States stomp on substitute smokes, cont’d

As we noted Jan. 13 and Jan. 23, the structure of the great 1998 tobacco robbery puts state governments under financial pressure to restrict or suppress the activities of maverick cigarette makers that do not participate in the settlement fund. Vice Squad, which has been following this issue, has recent posts detailing how this is happening in Pennsylvania, West Virginia, Florida (Feb. 23) and Pennsylvania again (Feb. 26)(Florida is one of four states with their own settlements with the tobacco majors paralleling the 46-state main settlement).

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.