The California legislature, probably the nation’s busiest when it comes to stoking the fires of reparations litigation, has now passed and sent to Gov. Gray Davis a bill reopening the statute of limitations so as to allow state residents of Mexican descent to sue over forced deportations of their ancestors (or in a few long-lived cases themselves) during the 1930s. The intended targets of such litigation (see Jul. 28) include local governments and business groups that are said to have collaborated in the deportation campaigns. The legislature has already employed the tactic of reopening statutes of limitation in order to promote “claims for Holocaust victims insurance claims, Armenian Genocide victims, World War II slave labor and braceros”. (“Bill gives 1930s deportees until 2007 to seek damages”, San Francisco Chronicle, Sept. 12).
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Texans narrowly pass Prop. 12
By a 51 to 49 percent margin, Texas voters have approved Proposition 12, thus restoring to the legislature the power to set limits on damages in civil lawsuits, which a 1988 Texas Supreme Court opinion had arrogated to the courts alone. See our earlier coverage at Sept. 4, Sept. 6). Proponents of the measure were modestly outspent ($6 million vs. $7 million) by trial lawyers who opposed it. “Lawyers [also] enlisted a wide range of consumer, anti-crime, senior citizen and environmental groups to tap into their membership bases” — to no avail. (Janet Elliott, “Texans pass Prop. 12 in statewide election”, Houston Chronicle, Sept. 14).
Update: Nike settles speech case
Shoemaker Nike Inc. has settled a California activist’s lawsuit over its allegedly wrongful speech by agreeing to make a $1.5 million payment to a workplace monitoring organization (see Jul. 9 and links from there). (Bob Egelko, “Nike settles suit for $1.5 million”, San Francisco Chronicle, Sept. 13). “Any other company under attack from activists of any stripe — and there are so many of them — will have to think twice now about its efforts to tell its side of the story, at least in California.” (“Free speech loses a round” (editorial), The Oregonian, Sept. 13).
AAA settles murdered-motorist suit
The AAA auto club has reached a settlement on confidential terms of the lawsuit by the survivors of Melissa Gosule, attempting to hold it liable for her murder by a stranger who gave her a ride after a AAA tow truck driver took too long to get her on her way (see Sept. 8). (John Ellement, “Family settles suit against AAA, driver”, Boston Globe, Sept. 11).
“Slip ‘N Slide makers sue ‘Dickie Roberts'”
By reader acclaim: “The makers of the Slip ‘N Slide filed a lawsuit Monday over a scene in the hit movie ‘Dickie Roberts: Former Child Star’ that shows actor David Spade skidding to a painful halt on the summertime water toy. … In the movie, Spade jumps belly first on the yellow plastic sheet without first inflating it with air and water,” contrary to guidelines. “He then coats the slide with oil and crashes into a fence. … The company is concerned that the scene might prompt adults to imitate Spade’s action, which could lead to injury and lawsuits.” (CNN, Sep. 8; Ed Finn, “Can Wham-O Sue Over Dickie Roberts?”, Slate, Sept. 10).
“Venue wish upon a star”
Okay, we picked it in part just as an excuse to quote that headline, but the story actually does show how litigation reform can work as intended: the Philadelphia Inquirer editorially hails a precipitous drop in filings of malpractice cases in that city since the state legislature enacted a bill (meant to curb forum-shopping by plaintiff’s lawyers) which requires that suits against doctors be filed where the care was delivered. It is not yet clear to what extent the drop in Philadelphia filings will be counterbalanced by an expected rise in filings in suburban and rural counties; some cases, which had been premised on the generosity or unpredictability of juries in the center city, may wind up not being filed at all. (editorial, Sept. 4; Josh Goldstein, “Medical lawsuits plummet in Phila.”, Aug. 31). The Pennsylvania Medical Society comments (other liability resources at its site).
In other Pennsylvania-related malpractice news, a website of doctors in neighboring New Jersey is posting the text of the “Liability Update” newsletter put out by PaMedSoc Legislative Issues Chair Donna Baver Rovito (sample), packed with news clips of interest to anyone interested in the medical liability crisis whether resident in Pennsylvania/New Jersey or not (mirror AOL site with comments) (also available at Politically Active Physicians’ Association (www.fightingdocs.com), click through “News and Information” on left column). [Corrected Sept. 13 to repair/improve nonworking links]
UK: “New rules are thatchers’ final straw”
When authenticity menaces authenticity: the head of Britain’s National Society of Master Thatchers is warning that the 2,000-year-old craft of roof-thatching could be killed off if historic-preservation authorities enforce rules insisting on the use of locally grown thatching materials, such as Cotswold long straw and East Anglia water reed. Because the English materials are not as durable as thatching supplies imported from growers in Turkey, Russia and South Africa, some homeowners face frequent need for rethatching which can make it uneconomical for them to keep up centuries-old cottages. “There are about 50,000 thatched buildings in Britain, around half of which are listed buildings and therefore come under the jurisdiction of English Heritage.” “We are traditionally a passive bunch,” said the head of the thatchers’ group. “But we are livid that English Heritage are determined to kill off new developments in thatching.” (Rajeev Syal, Daily Telegraph, Sept. 7).
“Grief does not justify greed”
A few more excerpts from Gregg Easterbrook’s devastating commentary of yesterday: “Now some 9/11 families are saying $1.6 million isn’t enough. Set aside whether they should be receiving anything from taxpayers, given the myriad other circumstances in which Americans die in various horrible events every bit as traumatic and devastating to their families, who receive nothing at all. Assume for the sake of argument that something about 9/11 justifies offering victims’ estates a very large special payment. Yet some 9/11 families are saying very large is not large enough. … If the families for whom $6.1 million is not enough persist in their avaricious desire to sue — and if the lawyers who would get shares of court awards, but get no shares of federal fund awards, persist in their ghoulish desire to encourage such suits–the country’s two largest airlines, and largest aircraft manufacturer, may fail. This will cause significant harm the United States. And it seems unlikely that the dying thoughts of the noble victims of 9/11 were, ‘I hope my survivors really screw the United States for money.'” (unnamed new Gregg Easterbrook weblog, The New Republic, Sept. 10). See also Apr. 1-2, 2002 (Roger Parloff); Nov. 21-22, 2001; John Lehmann, “Rush to file $uits”, New York Post, Sept. 11 (Lisa Beamer and other survivors suing airport screening equipment makers).
“The terrorists have failed”
“[O]n Sept. 11, 2003, America may be a politically divided nation, but it is hardly a broken one. The terrorists have failed. The resolve of a people to eradicate those who attacked this country hasn’t wavered. Now, as then, the most heartbreaking aspect of Sept. 11 is the 3,000 people who are not here with us to observe it.” (Chicago Tribune (editorial), Sept. 11).
Class action roundup: lap dances, Register.com, Poland Spring
Houston attorney David George has filed intended class-action lawsuits on behalf of local resident Paul Brian Meekey against three strip clubs, claiming the clubs violated Texas law by adding a $5 credit card surcharge to the $20 price of a lap dance. The suit demands a refund of all such charges paid over the past four years, plus attorney’s fees. According to attorney George, state law flatly forbids merchants from imposing surcharges on credit card transactions, even, presumably, in cases where those transactions are costly for merchants to provide because of a high later dispute rate. “Another lawyer tried filing similar cases in 1999 but abandoned them, in part out of fear that clients would only be angry when they received notice at home about refunds.” (Mary Flood, “Seeking a redress of lap-dance surcharges”, Houston Chronicle, Aug. 31). (Update May 3, 2005: appeals court lets suits proceed).
In other news, Register.com has settled a class action over its supposedly deceptive former practice of initially pointing newly registered domain names to a “Coming Soon” Page which included advertising. Class members will get a $5-off coupon toward future Register.com services, named plaintiff Michael Zurakov will get $12,500, and the lawyers will ask for up to $642,500. Thanks, lawyers! (settlement notice; Ed Foster, The Gripe Line, InfoWorld, Aug. 27; Slashdot thread). And Nestle’s Poland Spring bottled water subsidiary “has negotiated a proposed settlement for a class-action lawsuit alleging that the company’s bottled water does not come from a spring and is not completely safe. … The settlement calls for Poland Spring to offer discounts or free water worth $8,050,000 over the next five years, contribute $2.75 million to charities during the same period and step up its monitoring of water quality. It also would pay the two lawyers involved in that case $1.35 million.” The deal is drawing peals of outrage from lawyers pushing ten similar class actions who are upset that the class was not properly represented — being angry about the possibility of being cut out without fees has absolutely nothing to do with it. “Each of the lawsuits contends that Poland Spring’s water is not actually natural spring water because it is drawn from wells.” (Edward D. Murphy, “Poland Spring makes deal on lawsuit”, Portland Press-Herald, Sept. 3; notice of settlement (PDF)). Update Jun. 25: how much did consumers actually get? Darned if one columnist can find out.