Overlawyered: Chronicling The High Cost Of Our Legal System

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No to the FMA

Drafted with the specific intent (at least on the part of two of its best-known framers) of banning a wide range of legislatively enacted “civil unions” as well as same-sex marriage, the ghastly Federal Marriage Amendment is anything but conservative: it would succeed in damaging both federalism and the principle of separation of powers. (Jacob Levy, “Law Breaker”, The New Republic Online, Feb. 18). See Alan Cooperman, “Little Consensus On Meaning Of Marriage Amendment”, Washington Post/Constitution Center, Feb. 14 (“principal drafters” Profs. Robert George and Gerard Bradley acknowledge that they intended to ban some forms of civil unions); letter from several libertarian/conservative law professors opposing FMA (Volokh Conspiracy, Sept. 11).

Yet more links: MarriageDebate.com (published by FMA supporters, but airing both sides); FamilyScholars.org (also a mix of views); Volokh Conspiracy (numerous posts, use search function); AndrewSullivan.com; LawfullyWedded.com; Jack Balkin, Feb. 14; Prof. Bainbridge, Jan. 21 (endeavoring to defend Bush stance); Three Years of Hell, Feb. 11 (arguing that FMA would merely curb judicial activism on civil unions); David Horowitz, “Wrong Idea, Wrong Time”, TechCentralStation.com, Nov. 24; David Brooks, “Give everyone access to the power of marriage”, New York Times/International Herald Tribune, Nov. 25.

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Brawl escalates into $1.3 M legal malpractice verdict

A Hinds County, Mississippi, jury has ordered the well-known law firm of Baker, Donelson, Bearman, Caldwell & Berkowitz to pay $595,000 in compensatory and $750,000 in punitive damages to 34-year-old Jack Muirhead, Jr. The case began when Muirhead, who had been attending an employee meeting, got into a brawl in a hotel parking lot which resulted in a $2,900 jury verdict against him. An insurer for Muirhead’s employer denied coverage on the advice of the Baker, Donelson firm that the altercation was not employment-related, and Muirhead sued, first winning a $500,000 bad faith settlement against the insurer and then cooperating with it to sue the law firm. After the latest verdict, the attorney for Baker Donelson noted that the plaintiff “has gotten $1.845 million for a parking lot brawl. The guy who lost the fight got $2,900.” (Jimmie E. Gates, “‘Wrong’ advice nets damages”, Jackson Clarion-Ledger, Feb. 12; “Law firm hit with $595,000 judgment”, Feb. 11). Says an editorial in the Greenwood Commonwealth: “Pundits have argued that real tort reform will only come when the lawyers start suing the other lawyers…. that time has arrived.” (“Lawyers feel sting of absurd verdict”, Feb. 15)

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They came to stay

Careful about letting a friend or relative crash at your house: various Floridians found themselves in for legal complications when temporary guests decided they didn’t want to leave. Calling the sheriff doesn’t necessarily work, and it’s legally hazardous to have locks changed, cut off utilities or put the interloper’s possessions out on the street. (Marcus Franklin, “Law slanted in favor of unwelcome guests”, St. Petersburg Times, Feb. 17).

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John Edwards and the money power

“We are not going to lose the race for lack of funds”, said Dallas trial lawyer Fred Baron, finance co-chairman of the Edwards campaign (and poster boy for legal ethics) as the Wisconsin primary approached. (Rob Christensen and John Wagner, “Edwards sees no reason to surrender”, Raleigh News and Observer, Feb. 12). The challenge for Edwards’s fund-raising was spelled out by the Washington Post last month (Paul Farhi and Thomas B. Edsall, “Filling War Chests Key As Campaigns Progress”, Jan. 21): “The North Carolina senator has received a higher percentage of large donations than any other major candidate — 83 percent were between $1,000 and $2,000, the maximum allowed by law. Many of these donations came from plaintiffs’ attorneys, members of Edwards’s former profession. This means that many of Edwards’s donors have ‘maxed out’ and can give no more money. For Edwards to become fully competitive in the race for cash, he will have to find new contributors beyond his trial-lawyer base.” Why, even many of the paralegals, receptionists, bankrupt support staffers of law firms and their nonvoting husbands have maxed out (see Hill News, May 7, 2003). For more on Edwards’ fund-raising, see Feb. 3; Jan. 27; Jan. 23, 2004; Aug. 5 and Apr. 7-8, 2003; and Jul. 18 and May 1-2, 2002. More: Kerry press secretary Stephanie Cutter imprecisely describes Edwards campaign as “wholly funded by trial lawyers” (Adam Nagourney and David M. Halbfinger, “Kerry and Edwards Square Off as Dean Abandons Campaign”, New York Times, Feb. 19)

Edwards’s self-reinvention as the candidate of trade protectionism has provided another reason for sensible voters to steer clear of him. As Alex Tabarrok notes: “In his stump speech, John Edwards is fond of empathizing with the plight of a 10-year old girl ‘somewhere in America,’ who goes to bed ‘praying that tomorrow will not be as cold as today, because she doesn’t have the coat to keep her warm.’ Yet, as John Tierney points out, ‘clothing has become so cheap and plentiful (partly because of textile imports, which Mr. Edwards has proposed to limit) that there is a glut of second-hand clothing, and consequently most clothing donated to charity is shipped abroad. The second-hand children’s coats that remain in America typically sell for about $5 in thrift shops.’ (emphasis added)”. See “Nader Searches for His Roots”, New York Times, Feb. 15. To be sure, Edwards has some familiarity with the internationalization of markets: when the populist Senator and his wife left their Massachusetts Avenue mansion to trade up to a nicer mansion on P Street, they disposed of the old one “for $3 million to the Hungarian government for use as an embassy”. (Marc Fisher, “Regular Guys Who Live In Mansions”, Washington Post, Feb. 17). See also Byron York, “John Edwards Cares about YOU!”, Roll Call/National Review Online, Feb. 17. (& welcome WSJ “Best of the Web”, Andrew Sullivan, Mickey Kaus, and (thanks!) Steve Bainbridge readers)

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Another idea: don’t accept rides from fugitives

In September 1997, Evanston, Ill. police sought to arrest Tracy Parham, who was wanted on charges including theft and narcotics. Parham led them on a high-speed chase that ended when he crashed his sport-utility vehicle into a building. Two teenagers in the back seat of Parham’s SUV were injured and sued the city of Evanston. In 2002 a jury awarded one of the teenagers, Salonica Prado, $11 million, in a verdict now on appeal; the other passenger’s suit is pending. Evanston says the verdict is likely to cut into the city’s services budget and that it may dip into the proceeds of a $9 million bond issuance to pay that and other lawsuit payouts. (Manya A. Brachear, “Lawsuits adding up, Evanston officials say”, Chicago Tribune, Feb. 18). Richard Ryan, attorney for Evanston, “said he felt frustrated because the jury had not been allowed to hear much of the City’s evidence.” (Mary Gavin and Alan Worley, “City Zapped with $11 Million Judgment in Lawsuit over Car Chase”, Evanston RoundTable, Jun. 19, 2002).

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Next stop for reparations

Despite a federal judge’s recent dismissal of one slavery-era suit (see Jan. 30), reparations advocates are hoping to score a comeback with a lawsuit demanding damages 82 years after the fact for a lethal rampage by white rioters against black residents of Tulsa, Oklahoma, in 1921. They’ll have to overcome both sovereign immunity and the statute of limitations, though. (Scott Gold, “Reparations Sought Decades After Race Riot”, Los Angeles Times, Feb. 13). And New York Life has agreed to hand over $20 million to settle claims arising under policies sold to ethnic Armenians in the former Ottoman Empire, many of whom were murdered during the rise of modern Turkey in “a deliberate, systematic and government-controlled genocide that began in April 1915,” according to a statement by California insurance commissioner John Garamendi, who announced the settlement (Armenian-Americans are a potent ethnic lobby in California.) Of the $20 million, $11 million will be set aside for heirs and $3 million for Armenian civic organizations, leaving somewhere around $6 million for lawyers who include Mark Geragos, William Shernoff and Brian Kabateck. According to the last-named of these, the settlement “is the result of a very personal campaign to bring attention to the history of the Armenian Genocide.” The news accounts do not reveal what if any role the court system and insurance law of present-day Turkey — the government of which rejects the genocide charge — might have been allowed to play in the disposition of the claims (“Calif. Commissioner Announces Settlement on Behalf of Survivors of Victims of Armenian Holocaust”, Insurance Journal, Jan. 28; AP/CBS News, Jan. 29; CNN, Feb. 17)(via Law.com)

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Man serving life sentence for theft of TV in 1970

How much punishment is enough? More than thirty years ago a jury convicted Junior Allen, a day laborer, of second-degree burglary “for stealing a $140 television set from a home in Johnston County. Judge James Pou Bailey sent Allen to prison for life.” He’s still serving that sentence, after a disciplinary record in prison that officials describe as about average for a maximum security inmate. Earlier this month, for the 26th year in a row, a parole board denied him parole. (“Justice Served? Man Serving Life Sentence For Stealing TV”, WRAL.com, Nov. 25; “Man Serving Life Sentence For Theft Of TV Seeks Freedom”, Nov. 28; “Junior Allen Denied Parole For 26th Straight Year”, Feb. 6) See TalkLeft, Feb. 16; Rooftop Report, Feb. 16.

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“Firebug demands insurance proceeds”

Manitoba, Canada: “A man convicted of torching his farm near Ste. Anne two years ago is taking his insurance company to court for its ‘high-handed’ treatment of him. Former municipal counsellor Raymond Michaud was convicted of arson last March …. When asked how a man convicted of burning down his own farm can expect his insurance company to honour his policy, [attorney Anthony] Dalmyn said: ‘That depends on whether the conviction stands on appeal.'” (David Schmeichel, “Flaming chutzpah”, Winnipeg Sun, Feb. 17).

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Sparing parents the temptation?

In Ireland, an official health board has objected to the opening of a McDonald’s restaurant in the County Clare town of Ennis, saying its products might make children fat. “Community dietitians” on the board have insisted that before the restaurant chain has its permit application approved it should “prepare an Environmental Impact Statement to determine what effect the restaurant will have on the health of children in the Ennis area.” (“Board opposes a McDonald’s for Ennis over health factors”, Irish Times, Feb. 3). Further reading on the slimness-through-legal-compulsion crusade: David Gratzer (Manhattan Institute), “Cadbury Replaces Cholera”, National Review Online, Feb. 12; Todd G. Buchholz, “Burgers, Fries, and Lawyers”, Policy Review, Feb.; Kelly Jane Torrence, “Food Fight”, Reason, Dec. 23.

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“Gulf war syndrome: the legal case collapses”

United Kingdom: “An eight-year, multimillion pound legal battle by more than 2,000 veterans for compensation for Gulf war syndrome has collapsed because there is not enough scientific evidence to prove their case in court.” Although the government-aided Legal Services Commission is estimated to have spent around ?4m on the case, “a trawl by scientists through 10 years of research worldwide, overseen by the veterans’ lawyers and funded by the LSC, has found no evidence which establishes any specific cause for the range of health problems they suffer. … The collapse of the case comes only months after litigation by parents who blame the MMR vaccine for their children’s autism suffered a similar fate, also for lack of scientific evidence to back up their claims.” (see Dec. 29) (Clare Dyer, The Guardian, Feb. 5). Last year a lawsuit was filed in this country against chemical companies on behalf of Gulf War Syndrome sufferers: see Aug. 25. For more on the weakness of the scientific evidence ascribing GWS to chemicals in the environment during the first Iraq war, see Michael Fumento’s work.

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