Posts Tagged ‘Illinois’

The Madison County scent

That was quite an editorial from the St. Louis Post-Dispatch: “The scent of fish in Madison County finally reached the noses of the Illinois Supreme Court judges. It’s about time. The court should crack down on venue rules that make Madison County a Mecca for plaintiff’s lawyers and a ‘judicial hellhole’ for corporations.” (“Plug the hellhole”, Sept. 19). See Kevin McDermott, “Penchant for attracting class-action suits is damaging business climate, petition says”, St. Louis Post-Dispatch, Sept. 9 (industry and legal experts petition for venue rules restricting plaintiffs from strategic selection of Madison County). A ruling last month has lawyers on both sides hopeful/fearful that venue reform may be coming in Illinois: “In a case involving a 1997 collision in Macoupin County between a truck of Union Pacific Railroad and a tractor of a private individual, the justices overturned lower court rulings that the case be heard in Madison County. The Supreme Court said a judge must consider more than just where a plaintiff would like the case heard. Judges must also weigh other factors, such as where the event that led to the suit occurred and where the parties live or work.” (Trisha L. Howard, “High court orders case moved from Madison County”, St. Louis Post-Dispatch, Aug. 21) (see recent John Stossel coverage, and our earlier coverage).

Update: not quite after our own heart

Last year it was reported (Sept. 27-29, 2002) that Kansas City Royals coach Tom Gamboa, who had been set upon and beaten by a father-son pair of spectators at Chicago’s Comiskey Park, had rebuffed lawyers who had contacted him suggesting he sue the White Sox, and said he didn’t plan legal action: “The fault is with the two people who did it,” he said. “I’m not one who looks to place blame. It’s nobody’s fault but the two idiots who did it.” Now — whoops! — AP is reporting that Gamboa has filed a suit not only against the father who attacked him but also two other defendants: Illinois SportService, a concessionaire that allegedly served the irate fan too much alcohol, and SDI Security Inc., which provides security at the ballpark. Gamboa’s suit seeks in excess of $200,000 in damages. (“Coach sues attacker, others for on-field attack “, AP/San Francisco Chronicle, Sept. 19)

The cerebral palsy law machine

It grinds on inexorably, for all that the medical establishment may cast aspersions on it (see also Feb. 27). In June a San Jose jury voted $38 million to a family in a case in which an earlier Caesarean section would allegedly have prevented a child’s cerebral palsy; the medical defendants strenuously denied any such causal link (Barbara Feder Ostrov, “Baby, family win $38 million verdict”, San Jose Mercury News, Jun. 18). The Palm Beach Post traces the history of a $10 million verdict which “sank one of Florida’s largest physician-run malpractice insurers … While the award pays for Kenan’s care, it also pays for legal fees that leave [mother Priscilla] Davis wondering at times whether she should have taken her chances with the state Medicaid plan.” Causation, you ask? “It remains unclear whether any doctor could have prevented Kenan’s cerebral palsy.” It was a Willie Gary case (Sanjay Bhatt, “Boy’s case illustrates malpractice crisis”, Palm Beach Post, Jun. 15). And a federal judge in East St. Louis, Ill. has awarded $19 million in a lawsuit which ascribed a child’s cerebral palsy to a doctor’s improper use of a vacuum extractor during labor. No word from the newspaper report on whether the defendants disputed this causal theory, but the choice of defendants was an interesting one: the federal Treasury. “The doctor, Charles L. Davis, was considered a federal employee because his employer, the Southern Illinois Healthcare Foundation, receives funding from the U.S. Department of Health and Human Services. The government was named as a defendant, but he was not.” (William Lamb, “Botched birth nets verdict of $19 million”, St. Louis Post-Dispatch, Jul. 31).

Thank you

Tonight’s posting winds up my stint as guest blogger. Thanks again to Walter Olson for having me here. Anyone who hasn’t should pick up a copy of his latest book, “The Rule of Lawyers: How the New Litigation Elite Threatens America’s Rule of Law.” And, while you’re at it, read the amazon.com reviews — even a Madison County, Illinois class-action plaintiffs’ lawyer who says his firm is “routinely slagged” on this website admits the book is a “good read.”

Update: case of the subpoenaed tort reformers ends

Apparently ending the most recent watch-what-you-say-about-lawyers episode (see Jun. 9, Jul. 12): “Two groups that have protested the Madison County legal system will not seek sanctions against a Wood River law firm that subpoenaed them to give information about their members and finances, the groups’ lawyer said Monday. The Illinois Civil Justice League and the U.S. Chamber of Commerce dropped their request for sanctions against the Lakin Law Firm after deciding they had already made their point, said their lawyer, Gordon Broom.” (Trisha L. Howard, “Seekers of tort reform drop action against critic”, St. Louis Post-Dispatch, Jul. 21)(more watch-what-you-say-about-lawyers episodes).

Update: intimidating tort reformers

Madison County, Ill. class action lawyer Bradley Lakin has withdrawn his subpoenas aimed at four organizations that had spoken out against lawsuit abuse in the Madison county courts: the U.S. Chamber of Commerce, Illinois Civil Justice League, American Tort Reform Association and Illinois Chamber of Commerce (see Jun. 9). Lisa Rickard, president of the Chamber?s Institute for Legal Reform, called the subpoenas “an illegitimate attempt to silence the critics of lawsuit abuse.” The ICJL, which has filed a sanctions motion against Lakin, has its own press release as well as links. (Further update Jul. 26: sanctions motion dropped)

Archived tobacco items, pre-July 2003


Florida class action (Engle), 2003:A $710 million loose end“, Jun. 24; ““Trial lawyers get spanked’“, May 24-26; “Court overturns $145 billion Engle award“, May 22-23. 2001:Angles on Engle“, May 24.  2000:‘Not even thinking about’ fees“, Aug. 11-13; “Smoking and responsibility: columnists weigh in“, Jul. 28-30; “‘Poll: majority disapprove of tobacco fine’“, Jul. 24-25; “Florida verdict: more editorial reaction“, Jul. 24-25; “Smoking and responsibility: columnists weigh in“, Jul. 28-30; Editorial roundup“, Jul. 19-20; “Florida tobacco verdict“, July 18; “Tobacco: why stop at net worth?” (punitive damage rulings by judge), Jul. 10; “Another Mr. Civility nominee” (Stanley Rosenblatt), Jun. 2-4.  1999:$49 million lawyers’ fee okayed in case where clients got nothing” (secondhand smoke class action), Sept. 28; “Personal responsibility takes a vacation in Miami“, Jul. 8; “The Florida tobacco jurors: anything but typical“, Wall Street Journal, Jul. 12, 1999. 

Tobacco fees reconsidered, 2003:Senate panel nixes tobacco-fee clawback“, May 9-11; “Feds indict former Texas AG“, Mar. 8-9; “‘Not a pretty picture’“, Jan. 10-12.  2002:Judge overturns $1.3 billion tobacco fee award” (Castano Group), Sept. 27-29; “Welcome Fox News viewers/ readers“, Aug. 2-4; “Tobacco fees: one brave judge” (New York), Jul. 30-31 (& Aug. 2-4, Jun. 21-23, Oct. 16-17, Oct. 25-27, 2002; Feb. 11 & Jun. 6-8, 2003; May 11, 2001).


‘Lawyers who won $10 bil. verdict had donated to judge’“, Apr. 30, 2003; “A bond too far“, Apr. 4-6; “Appeals bonds, again“, Apr. 2-3; “Mad County pays out again” (“light” cigarette class action), Mar. 24, 2003.

‘Nanny Bloomberg’” (NYC smoking ban), Oct. 22, 2002.

Tobacco fees, state by state, 2003:‘Law firms in tobacco suit seek $1.2b more’” (Mass.), May 19 (& Jan. 2-3, 2002, Dec. 22, 1999); “Feds indict former Texas AG“, Mar. 8-9 (& May 22, Sept. 1-3, 2000; Jun. 21, Aug. 29-30, Nov. 12, 2001, Jul. 15, Jul. 30-31, 2002; Jan. 10-12, 2003). 2002:Judge overturns $1.3 billion tobacco fee award” (Castano Group, California), Sept. 27-29; “Tobacco fees: one brave judge” (N.Y.), Jul. 30-31 (& Aug. 2-4, Jun. 21-23, 2002, Oct. 16-17, 2002, Feb. 11, 2003, May 11, 2001); “Dewey deserve that much?“, Mar. 6; “Mass., Ill., NYC tobacco fees“, Jan. 2-3.  2001:Michigan tobacco fees“, Sept. 19-20; “Tobacco-fee tensions” (Fla. resumes investing in tobacco cos.), Jun. 21 (& letter to editor, Jul. 6); “Missouri’s tagalong tobacco fees“, Jun. 5 (& Sept. 21, 2000); “‘Lungren now a paid advocate for his former foes’” (Calif.), Apr. 5; “(Another) ‘Monster Fee Award for Tobacco Fighters’” (Calif. cities and counties), Mar. 21-22; “Reclaiming the tobacco loot“, Mar. 15; “Lawyers get tobacco fees early“, Mar. 5; “Tobacco arbitrator: they all know whose side I’m on“, Feb. 16-19.  2000:Beehive of legal activity: Utah tobacco fees“, Nov. 6; “South Carolina tobacco fees: how to farm money“, Oct. 25; “Gore amid friendly crowd (again)” (Fla.), Apr. 12 (& “Dershowitz’s Florida frolic?“, Jul. 17; also see Dec. 8-10, 2000, Aug. 8-9, 2000, Dec. 27-28, 1999); “Sooner get rich” (Oklahoma), Jun. 7; “‘Lawyers’ tobacco-suit fees invite revolt’” (Ohio), May 23; “North Carolina (& Kentucky & Tennessee) tobacco fees“, May 2; “Connecticut AG has ‘no idea’ whether lawyers he hired are overcharging“, Feb. 3 (& update Feb. 16); “Pennsylvania tobacco fees: such a bargain!“, Jan. 10 (& Oct. 24, 2002). 1999:Maryland’s kingmaker” (Peter Angelos), Oct. 19 (& Dec. 9, 1999, Oct. 16-17, 2000, June 21, 2001, Apr. 10, 2002); “Illinois tobacco fees“, Oct. 16-17; “My dear old tobacco-fee friends” (Kansas AG, like Connecticut’s, gave tobacco business to her old law firm), Oct. 11 (see also Sept. 21, 2000); “Boardwalk bonanza” (N.J.), Oct. 1-3; “News judgment“, Aug. 6; “Puff, the magic fees” (Wisc.), Jul. 13. 

Tobacco-fee tycoons, 2003:Class action lawyer takes $20 million from defendant’s side” (Joseph Rice), Mar. 15-16; “‘Not a pretty picture’“, Jan. 10-12; 2002:Rumblings in Mississippi” (Scruggs, Minor), Oct. 9-10 (& Nov. 6); “Judge overturns $1.3 billion tobacco fee award” (Castano Group), Sept. 27-29.  2001:Settle a dispute today” (O’Quinn vs. Jamail), Sept. 18; “Ness monster sighted in Narragansett Bay” (Rhode Island, Ness Motley), Jun. 7 (& see Oct. 6-9, 2000, July 17, 2000, Nov. 1, 1999). 2000:Punch-outs, Florida style” (Robert Montgomery), Nov. 17-19 (& see Aug. 8, April 12, 2000; Aug. 21-22, 1999); “Friend to the famous” (Williams Bailey), Oct. 12; “Senator Lieberman: a sampler” (voted to curb tobacco fees), Aug. 8-9; “Trial lawyer candidates” (Minnesota’s Ciresi), Jul. 6 (& update Sept. 15-17; loses primary bid); “‘Lawyers’ tobacco-suit fees invite revolt’” (USA Today editorial), May 23.  1999:Who’s afraid of Dickie Scruggs?“, Dec. 2; “Maryland’s kingmaker” (Peter Angelos), Oct. 19 (& Dec. 9, 1999, Oct. 16-17, 2000, June 21, 2001); “The Marie Antoinette school of public relations” (tobacco lawyers pose for photo shoot on their yachts, horse farms, etc.), Aug. 21-22; and see lawyers’ campaign contributions

Humor:Dave Barry on tobacco settlement, round III“, Sept. 16-17, 2002; “Dave Barry on tobacco suits, round II“, March 16, 2000; “Dave Barry on federal tobacco suit“, Oct. 26, 1999; “Cartoon that made us laugh” (“….We can’t take those off the market! Dangerous products are a gold mine for the government!”), Jan. 21-23, 2000.
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Terms of state tobacco settlement, 2003: Appeals bonds, again“, Apr. 2-3. 2002:We did it all for the public health, cont’d” (Alabama devotes more proceeds to tobacco farmers than to smoking reduction), Aug. 22; “Tobacco settlement funds go to tobacco promotion” (N.C.), Jun. 28-30;  “‘Bush budget surprise: $25M for tobacco suit’” (Martha Derthick, Up in Smoke), Feb. 20. 2001:Tobacco-fee tensions” (Fla. resumes investing in tobacco cos.), Jun. 21 (& letter to editor, Jul. 6); “Reclaiming the tobacco loot“, Mar. 15; “Push him into a bedroom, hand him a script” (Bill Clinton testimonial for tobacco lawyers), Mar. 9-11; “Lawyers get tobacco fees early“, Mar. 5; “Tobacco arbitrator: they all know whose side I’m on“, Feb. 16-19; “Safer smokes vs. the settlement cartel“, Feb. 7-8.  2000:Missouri tobacco fees“, Sept. 21, 2000; “Tobacco- and gun-suit reading” (Stuart Taylor, Jr.), Aug. 21-22, 2000; “Challenging the multistate settlement“, Jul. 17, 2000.  1999:‘Few Settlement Dollars Used for Tobacco Control’“, Dec. 27-28; “Tobacco bankruptcies, and what comes after” (state gov’ts, trial lawyers would become cigarette producers), Dec. 13; “How the tobacco settlement works” (the more cigarettes sold, the more money states get), Nov. 2; “Addictive tobacco money” (states sued over alleged burden on their taxpayers — so are they using the proceeds to cut taxes?), Sept. 7; “Collusion: it’s an AG thing” (terms of settlement cartelize cigarette industry), Jul. 29. Also see Walter Olson, “Puff, the magic settlement“, Reason, Jan. 2000. 

‘Tough tobacco laws may not deter kids’“, Jun. 7-9, 2002; “Blind newsdealer charged with selling cigarettes to underage buyer“, Sept. 16, 1999.

Sin-suit city” (Banzhaf), Jun. 10, 2002. 

Ad model sues tobacco company“, May 1-2, 2002. 

Australian party calls for banning smoking while driving“, Jun. 3-4, 2002; “‘Positive nicotine test to keep student from prom’” (over-18 student, off-premises consumption), Apr. 26-28, 2002 (& update May 10-12: school backs down); “Judge orders woman to stop smoking at home“, Mar. 27-28, 2002; “‘Smokers told to fetter their fumes’” (smoking in homes that bothers neighbors), Nov. 26, 2001; “Utah lawmakers: don’t smoke in your car” (when kids present), Oct. 5-7, 2001; “Apartment smoking targeted“, Jan. 3, 2000. 

Australian party calls for banning smoking while driving“, Jun. 3-4, 2002 (document retention case); “International tobacco suits: not quite such easy pickings“, Feb. 1-3, 2002; “‘Saudi Arabia finally gets tough on terrorism!’“, Dec. 10, 2001; “More from Judge Kent” (Bolivian suit), Aug. 3, 2001; “Smoker’s suit nixed in Norway“, Dec. 18-19, 2000; “They call it distributive justice” (government of Saudi Arabia sues tobacco cos.), Nov. 16, 2000; “Spreading to Australia?“, Dec. 29-30, 1999; “Israeli court rejects cigarette reimbursement suit“, Oct. 7, 1999. 

Veeps ATLA could love” (Durbin, D-Ill., as guardian of tobacco lawyers’ fees), July 7, 2000 (& see Apr. 25, 2002). 

“Competing interests: none declared”.  “The unconflicted Prof. Daynard“, April 21-23, 2000 (& update: letters, Jan. 2001, June 2001; Aug. 2, Dec. 17, 2001). 

Federal tobacco suit: our views:‘Bush budget surprise: $25M for tobacco suit’“, Feb. 20, 2002; “Judge throws out half of federal tobacco suit“, October 2, 2000; “Good news out of Washington…” (House votes to cut off funding for suit), June 21, 2000 (& update June 26: action reversed, funds approved); “Feds: dissent on smoking = racketeering“, Sept. 23, 1999; “Guest column in Forbes by Overlawyered.com‘s editor“, Oct. 25, 1999. 

Prison litigation: ‘Kittens and Rainbows Suites’” (cellmate’s smoking violates rights), Jan. 11-13, 2002. 

Boeken v. Philip Morris:Boeken record“, June 19, 2001; “$5,133.47 a cigarette“, Jun. 11, 2001; “Tobacco plunder in Los Angeles” ($3 billion damage award), Jun. 8-10, 2001. 

Federal tobacco suit: others’ views:Columnist-fest” (Jacob Sullum), Jun. 22-24, 2001; “Blatant end-runs around the democratic process” (former Labor Secretary Robert Reich), Jan. 15-16, 2000; “Dave Barry on federal tobacco suit” (plus novelist Tom Clancy’s critique), Oct. 26, 1999; “‘This wretched lawsuit’” (Jonathan Rauch in National Journal ), Oct. 13, 1999; “Feds’ tobacco shakedown: ‘A case of fraud’“, Sept. 29, 1999 (roundup of editorial pages); “Feds as tobacco pushers” (columnist Andrew Glass recalls encouragement of smoking in U.S. Army), Sept. 24, 1999; “Hurry up, before the spell breaks” (leading plaintiff’s lawyer wants feds to sue fast since public losing interest), Sept. 24, 1999.

Regulation by litigation:Tobacco- and gun-suit reading” (law prof Michael Krauss), Aug. 21-22, 2000; “Convenient line at the time” (tobacco is unique, said state attorneys general — sure), May 15; “Stuart Taylor, Jr., on Smith & Wesson deal” (“Guns and Tobacco: Government by Litigation”), Apr. 11, 2000; “Arbitrary confiscation, from Pskov to Pascagoula” (Michael Barone in U.S. News on threat to rule of law), Jul. 24-25, 1999; “Guns, tobacco, and others to come” (Peter Huber in Commentary on the new mass-tort cases as “show trials”), Jul. 20; “‘A de facto fourth branch of government’” (prominent trial lawyer Wendell Gauthier’s view of plaintiff bar’s role), Jul. 4, 1999. 

Dewey deserve that much?“, Mar. 6, 2002; “Health plans rebuffed in bid to sue cigarette makers“, Jan. 11, 2000. 

Terrorists, American business execs compared“, Sept. 28-30, 2001. 

Columnist-fest“, Jun. 22-24, 2001 (Amity Shlaes on asbestos synergy case); “Best little forum-shopping in Texas” (state’s Medicaid suit got filed in Texarkana, contributing $6.1 million to local economy), Aug. 27, 1999. 

The Kessler agenda” (former FDA chief calls for cigarette ban), Jan. 12-14, 2001; “Kessler rebuked” (FDA claim of authority over tobacco), March 27, 2000. 

Updates” (baby Castano suit nixed in N.Y.), Dec. 26-29, 2000. 

Wal-Mart’s tobacco exposure“, Sept. 25-26, 2000; “The Wal-Mart docket” (sued over tobacco sales), July 7, 2000.

Another billion, snuffed” (antitrust lawsuit between snuffmakers), May 10, 2000. 

Hollywood special: ‘The Insider’“, Mar. 30, 2000. 

Because they still had money” (Hausfeld’s price-fixing suit), Mar. 2, 2000. 

Tobacco lawyers’ lien leverage“, Feb. 29, 2000. 

Feds’ tobacco hypocrisy, cont’d: Indian ‘smoke shops’“, Jan. 25, 2000; “Do as we say, please” (Indian tribes, after profiting immensely from tax-free smoke shops, turn around and sue suppliers), Jul. 14, 1999. 

The joy of tobacco fees“, Jan. 20, 2000.

Calif. state funds used to compile ‘enemies list’“, Jan. 5, 2000.

‘Trial lawyers on trial’” (Trevor Armbrister, Reader’s Digest), Dec. 23-26, 1999.

Philadelphia Inquirer Tech.life: ‘Web Winners’” (this page is recommended), Dec. 15, 1999.

Ohio tobacco-settlement booty“, Nov. 8, 1999.

Public by 2-1 margin disapproves of tobacco suits“, Nov. 5-7, 1999. 

Not-so-Kool omen for NAACP suit“, Nov. 1, 1999. 

Minnesota to auction seized cigarettes“, Oct. 21, 1999. 

Reform stirrings on public contingency fees“, Oct. 15, 1999.

Big guns” (tobacco example shaped gun litigation), Oct. 5-6, 1999.

Plus extra damages for having argued with us” (“lesson of tobacco”: you can get punished for defending your product), Aug. 19, 1999. 

‘Settlement bonds’: are guns next?” (how Wall Street finances expropriation of industries), Aug. 5, 1999.


Do the tobacco wars that began in the mid-1990s represent an unprecedented triumph for public health?  Are they an inevitable response to legislative gridlock on smoking policy?  Or are they our legal system’s own updated version of the Gilded Age scandals that brought American government into disrepute a century ago, siphoning billions of dollars of publicly obtained money into the hands of politically connected attorneys?  Commentaries on Overlawyered.com (above) may help you decide.  In the mean time, the following links offer a way into the wider tobacco controversy: 

Anti-tobacco groups, most of which are supportive of litigation as well as other coercive government actions aimed at curtailing tobacco sale and use, are well represented on the web.  They include Tobacco.org, federally funded antitobacco activist Stanton Glantz’s Tobacco Control Archives, Americans for Non-Smokers’ Rights, Action on Smoking and Health, and the American Council on Science and Health. Tobacco.org’s links list is especially comprehensive. The empire associated with Prof. Richard Daynard, participant in tobacco suits, oft-quoted expert, and professor at Northeastern U., includes the Tobacco Products Liability Project and Tobacco Control Resource Center, as well as the State Tobacco Information Center.  The Castano Group, a vast joint venture of trial lawyers cooperating to file tobacco class actions, maintains a website that is distinctly uninformative (unless you’re a lawyer/member or a cooperative pressie).

Relatively neutral sites include Yahoo Full Coverage.

Critics of the anti-tobacco crusade often note that it curtails individual liberty, freedom of contract and freedom of association.  As part of its Breaking Issues series (“Fining Smokers“), Reason magazine includes a list of online articles skeptical of the government’s role in the tobacco field, while Reason senior editor Jacob Sullum is the author of 1998’s For Your Own Good : The Anti-Smoking Crusade and the Tyranny of Public Health.  At the libertarian-oriented Cato Institute, Robert Levy has criticized “The Tobacco Wars“, written that “States Share Blame for Tobacco Lawyers’ Greed“, and called tobacco settlements “Dangerous to Your Liberty“; the state Medicaid suits, he argues, are “Snuffing Out the Rule of Law“. Cato’s Jerry Taylor describes the battle as “The Pickpocket State vs. Tobacco“. “The Anti-Tobacco Crusade” by Joseph Kellard, Capitalism magazine, March 1998, argues from a viewpoint supportive of Ayn Rand’s Objectivism. In Colorado, the Independence Institute maintains a Center for Personal Freedom run by Linda Gorman which draws the connection to other paternalist crusades on issues like drinking, seatbelt use and mandatory helmet laws.  The Heritage Foundation’s Todd Gaziano makes the case that a proposed federal lawsuit against tobacco companies is “elevating politics over law” (July 30, 1999 Backgrounder).  Overlawyered.com‘s editor has taken exception to the retroactivity of the crusade, to its manipulative treatment of children, and to the hardball or demagogic tactics used in the Castano and Engle cases. Rep. Chris Cox (R-Calif.) delivered a notable critique of the tobacco litigation at a Congressional hearing held Dec. 10, 1997 (no longer online).

An extensive site offering an aggressive defense of smoking and smokers, along with a large collection of links, is Forces International (“Fight Ordinances and Restrictions to Control and Eliminate Smoking”).

Archived politics items, pre-July 2003

A tangled Mississippi web“, Jun. 16-17, 2003; “Mississippi investigation heats up“, May 7, 2003; “‘High court judge had use of condo owned by group that includes trial lawyer’“, Oct. 11-13, 2002; “Rumblings in Mississippi“, Oct. 9-10, 2002.

Sen. Edwards, 2003:More on Edwards’ law-firm donations“, May 8; “Edwards leads in fund raising“, Apr. 7-8; “‘Edwards doesn’t tell whole story’“, Mar. 4 (& letter to the editor, Mar. 31). 2002:‘Bush urges malpractice damage limits’“, Jul. 29; “‘Edwards’ fund raising a strong suit’“, Jul. 18 (& Sept. 3-4); “‘The trials of John Edwards’“, May 20-21; “What big teeth you have, Sen. Edwards“, May 1-2; “Trial lawyer smackdown!”, Feb. 20-21.  2001:Trial lawyer president?“, Mar. 9-11.  2000: The Veep that got away”, Aug. 15. 

Politicians’ ATM, 2003:‘Lawyers find gold mine in Phila. pension cases’“, Mar. 21-23; “ATLA’s hidden influence“, Jan. 21-22.  2002:Some election results“, Nov. 7; “Campaign roundup“, Nov. 4-5; “Pa. statehouse race: either way, Big Law wins“, Oct. 24; “Trial lawyers and politics: Michigan, Texas“, Oct. 9-10; “Last-minute friends in Texas politics“, Jul. 22-23; “Trial lawyer smackdown!” (Scruggs vs. Sen. Edwards), Feb. 20-21.  2001:Third Circuit cuts class action fees“, Sept. 25-26; “‘Trial lawyers derail Maryland small claims reform’” (Gov. Parris Glendening), July 25; “Villaraigosa and the litigation lobby” (Calif. assembly speaker), June 18; “Ness monster sighted in Narragansett Bay” (Rhode Island contributions by Ness Motley), June 7; “‘Nursing homes a gold mine for lawyers’” (Fla. lawyer said he probably gave $1 million to politicians last election cycle), Mar. 13-14; “‘Angelos made rare donation to GOP’” (Sen. Hatch’s campaign), Feb. 16-19; “Sen. Kennedy flies the trial-lawyer skies“, Jan. 8. 2000:O’Quinn a top Gore recount angel“, Dec. 15-17; “California’s lucrative smog refunds” (Lerach and Gov. Gray Davis), Dec. 5; “Friend to the famous” (Williams Bailey), Oct. 12; “‘Money to burn’” (Ness Motley), Oct. 6-9; “I know [you] will give $100K when the president vetoes tort reform, but we really need it now“, Sept. 14, 2000 (& more coverage: Sept. 15-17, Sept. 19); “Clinton’s trial-lawyer speech, cont’d“, Aug. 1; “Trial lawyers give $500,000 as legislation heads to Senate floor“, Jun. 14-15; “Texas tobacco fees” (recycling into party politics), May 22; “Gore among friendly crowd (again)“, April 12; “Al Gore among friendly crowd“, Mar. 30; “‘Trial Lawyers Pour Money Into Democrats’ Chests“, Mar. 24-26; “Bill Clinton among friendly crowd“, Feb. 14; “‘Tracking the trial lawyers’: a contributions database“, Jan. 21-23 (& Sept. 25-26).  1999: Hurry with those checks“, Dec. 1; “Give, and receive“, Sept. 25-26. 

Judicial elections, 2002:Some election results“, Nov. 7; “Campaign roundup“, Nov. 4-5; “Mudslinging in Ohio high court races“, Nov. 1-3 (& Nov. 4-5); “Ohio’s high-stakes court race“, Oct. 16-17; “Judicial selection, the Gotham way“, Oct. 15; “Rumblings in Mississippi“, Oct. 9-10. 2001:Don’t try rating our judges, or else” (Phila.), Oct. 24-25; “‘Philadelphia judicial elections still linked to cash’“, Oct. 12-14; “‘Reflections of a Survivor of State Judicial Election Warfare’” (Justice Robert Young, Mich.), July 3-4.  2000:More election results” (Mich., Ohio), Nov. 9; “Michigan high court races” (and earlier coverage Aug. 23-25, May 15, May 9, Jan. 31, 2000; Aug. 6, 1999); “Just had to donate” (Mississippi), Nov. 3-5; “Ohio high court races“, Oct. 30 (and earlier coverage Aug. 18, Aug. 6, 1999); “Campaign consultants for judges“, Aug. 28. 

Lobbying clout:Florida: ‘New clout of trial lawyers unnerves legislators’“, Mar. 20, 2003; “Let’s go to the tape” (ATLA lobbies Sen. Grams), Apr. 27, 2000; “House passes liability reforms“, Feb. 24, 2000; “Sixth most powerful” (Only sixth? Trial lawyers among Washington lobbies), Dec. 10, 1999; “Calif. state bar improperly spent dues on politicking“, Aug. 25, 1999. 

RN, 2003:‘Public deceit protects lawsuit abuse’“, Mar. 15-16; “ATLA’s hidden influence“, Jan. 21-22.  2002:Nader credibility watch” (calls fast-food restaurants “weapons of mass destruction”), May 24-26.  2001:Channeling Chomsky” (Trade Center attacks), Oct. 22 (& Oct. 1); “Trial lawyers (some of them) yank Nader funding“, Feb. 16-19.  2000:Election special: Nader non grata“, Nov. 10-12; “Coercive capitalism?“, Nov. 6; “Election roundup” (Nader “dashboard saint” to trial lawyers), Oct. 23; “RN’s illusions“, Sept. 22-24; “Bush-Lieberman vs. Gore-Nader?“, Aug. 14; “Nader cartoon of the year“, Jul. 31; “Nader, controversial at last“, Jun. 13. 

Friends in high places, cont’d” (Kansas governor), May 5, 2003. 

Politico’s law associate suspended over ‘runner’ use” (Louisiana), Feb. 14-16, 2003.

Trial lawyer’s purchase of Alabama governor’s house said to be ‘arm’s-length’“, Jan. 7-8, 2003.

Friends in high places, cont’d“, May 5, 2003; “Gotham’s trial lawyer-legislators“, Dec. 13-15, 2002; “Trial lawyers’ clout in Albany“, Oct. 4, 2000. 

Lawyers as candidates:To tame Madison County, pass the Class Action Fairness Act” (Ill. Senate seat), Jun. 12-15, 2003; “Some election results“, Nov. 7, 2002; “Campaign roundup“, Nov. 4-5; “‘Wealthy candidates give Democrats hope’“, Oct. 11-13, 2002; “Trial lawyer candidates“, Jul. 6, 2000 (& update Sept. 15-17: Ciresi defeated in primary bid); “Tort fortune fuels $3M primary win” (House race in W.V.), May 11, 2000 (& updates Oct. 23, Nov. 9 (lawyer defeated); “‘Lawyer’ label hurts at polls“, Dec. 8, 1999.

‘Morales’ $1 Million Tobacco Fee Under Fire’” (Texas), Jul. 15, 2002; “Texas tobacco fees: Cornyn’s battle“, Sept. 1-3 (& May 22, 2000, June 21, 2001, Aug. 29-30, 2001, Nov. 12, 2001).

Congress, 2003:To tame Madison County, pass the Class Action Fairness Act” (Ill. Senate seat), Jun. 12-15. 2002:Some election results“, Nov. 7; “Campaign roundup“, Nov. 4-5; “Durbin’s electability“, Apr. 25.  2001:‘Angelos made rare donation to GOP’” (Hatch), Feb. 16-19; “Philadelphia juries pummel doctors” (Sen. Arlen Specter), Jan. 24-25; “Sen. Kennedy flies the trial-lawyer skies“, Jan. 8. 2000:Litigation reform: what a Democratic Congress would mean” (comments of Rep. Patrick Kennedy (D-R.I.)), Nov. 7; “Friend to the famous” (Williams Bailey), Oct. 12; “Owens Corning bankrupt” (House Judiciary Democrats), Oct. 6-9; “Veeps ATLA could love” (Durbin, D-Ill., and Cohen, R-Me.); “Trial lawyers give $500,000 as legislation heads to Senate floor“, June 14-15. 

Pres. & Sen. Clinton, 2001:Humiliation by litigators as turning point in Clinton affair“, May 24; “Push him into a bedroom, hand him a script” (Bill’s testimonial for tobacco lawyers), March 9-11. 2000:Friend to the famous” (Williams Bailey & HRC), Oct. 12; “I know [you] will give $100K when the president vetoes tort reform, but we really need it now“, Sept. 14, 2000 (& more coverage: Sept. 15-17, Sept. 19); “Clinton’s trial-lawyer speech, cont’d“, Aug. 1 (& “a footnote”, Aug. 2); “Clinton’s date with ATLA“, Jul. 31; “Bill Clinton among friendly crowd“, Feb. 14. 1999:Gun litigation: a helpful in-law” (Hugh Rodham surfaces as middleman in gun cases), Oct. 25; and see 2000 campaign.

State attorneys general, 2002:Some election results“, Nov. 7; “Campaign roundup“, Nov. 4-5; “Spitzer riding high” (N.Y.), Jun. 17-18; “Microsoft case and AG contributions“, Apr. 3-4; “Like father, like daughter?” (Lisa Madigan, Ill.), Jan. 7-8. 2001:Vast new surveillance powers for state AGs?” (“biggest showboaters in American politics”), Sept. 25-26. 2000:Ness Motley’s aide-Gregoire, July 17; “Rewarded with the bench” (Connecticut AG Blumenthal), June 12.  1999:Illinois tobacco fees“, Oct. 16-17; “My dear old tobacco-fee friends” (Kansas attorney general picks her old law firm for lucrative contract suing tobacco firms), Oct. 11; and see state tobacco fees.

Judicializing politics (cont’d)“, Jun. 19-20, 2002; “Unlikely critic of litigation” (Larry Klayman, Judicial Watch), Apr. 16-17, 2002.

‘”Little” done for firm, Rendell says’” (law firms provide no-show jobs for politicians), May 9, 2002.

Texas trial lawyers back GOP PAC“, Mar. 12, 2002.

Third Circuit cuts class action fees“, Sept. 25-26, 2001; “ABA thinks it can discourage pay-to-play“, Aug. 11, 1999.

Update: Alabama high court reverses convction in campaign-tactics case“, Jul. 7, 2001; “Update: Alabama campaign-tactics case“, Aug. 31, 2000; “‘Bama bucks“, Nov. 16, 1999; “Alabama story goes national“, Sept. 1; “Playing rough in Alabama“, Aug. 26, 1999.

Chapman, Broder, Kinsley on patients’ rights” (Kinsley: “pretty true” that Democratic Party in lawyers’ pocket), Jun. 28.

‘Lender hit with $71M verdict’” (Mississippi legislators), Jun. 15-17, 2001.

‘The last tycoon’” (Peter Angelos), April 12, 2001; “Czar of Annapolis, and buddy of Fidel“, Dec. 9, 1999; “Maryland’s kingmaker“, Oct. 19, 1999.

Trial lawyer heads Family Research Council“, Mar. 2-4, 2001.


Archived entries on the 2000 presidential race and recount can be found here.

Monitor vote fraud, get sued for ‘intimidation’“, Oct. 24, 2000.

New page on Overlawyered.com: trial lawyers and politics” (this page launched), Jul. 28-30, 2000.

Lenzner: ‘I think what we do is practice law’” (private investigator’s tactics), Jul. 28-30, 2000.

Trial lawyers’ political clout“, May 8, 2000. 

Progressives’ betrayal” (Jonathan Rauch), Apr. 4, 2000; “Trial lawyers on trial” (Reader’s Digest), Dec. 23-26, 1999; “The reign of the tort kings“, Oct. 26; “Arbitrary confiscation, from Pskov to Pascagoula” (Michael Barone), Jul. 24, 1999.

Pro-litigation measures on California ballot“, March 6, 2000 (update Mar. 8: measures defeated).

From the Spin-To-English Guide” (“access to justice” rhetoric), Oct. 25, 1999.

Archived 2000 presidential election coverage

Recount battles, 2002:Campaign roundup“, Nov. 4-5. 2000: O’Quinn a top Gore recount angel“, Dec. 15-17 (& letters, Dec. 20); “Supreme Court: forget that recount“, Dec. 13-14; “What was the Florida court thinking?” (Boies-submitted affidavit), Dec. 11-12; “Florida lawyers’ day jobs, cont’d“, Dec. 11-12; “Florida’s legal talent, before the Chad War“, Dec. 8-10; “Welcome Mother Jones readers“, Nov. 30; “Follow instructions, please“, Nov. 27; “Votes only lawyers can see“, Nov. 26; “Gore lawyers mishandled Illinois precedent“, Nov. 24-26; “Gore’s point man argued against dimples in 1996“, Nov. 22-23; “Descent into the lawyerclysm” (parody), Nov. 22-23; “The O.J. trial of politics“, Nov. 21; “Flow control“, Nov. 20; “Punch-outs, Florida style“, Nov. 17-19; “Palm Beach County ‘under control’“, Nov. 16; “Foreign press on election mess“, Nov. 15; “Election hangs by a chad“, Nov. 13; “Elections special: litigating our way into a constitutional crisis?“, Nov. 10-12; “Lawyers descend on Florida“, Nov. 9.

White House 2000, campaign:Mickey Kaus on constitutional activism“, Nov. 10-12; “Election roundup“, Oct. 23; “George W. Bush on lawsuit reform“, Oct. 16-17; “Presidential debate“, Oct. 4; “I know [you] will give $100K when the president vetoes tort reform, but we really need it now“, Sept. 14, 2000 (& more coverage of call-sheet affair: Sept. 15-17, Sept. 19, Sept. 27-28); “The Veep that got away” (Sen. John Edwards, D-N.C.), Aug. 15; “Bush-Lieberman vs. Gore-Nader?“, Aug. 14; “Litigation reform: the Texas experience“, Aug. 11-13; “Senator Lieberman: a sampler“, Aug. 8-9; GOP convention coverage (Aug. 4-7, Aug. 3); “CSE event in Philly” (“Sharkman”), Aug. 3; “Clinton’s trial-lawyer speech, cont’d“, Aug. 1 (& “a footnote”, Aug. 2); “Clinton’s date with ATLA“, Jul. 31; “No diaries for Cheney“, Jul. 31; “Veeps ATLA could love“, July 7-9; “Not with our lives you don’t” (gun suits as campaign issue), May 9; “Gore among friendly crowd (again)“, April 12; “Emerging campaign issue: ‘brownfields’ vs. Superfund lawyers“, Apr. 4; “Al Gore among friendly crowd“, Mar. 30; “Bush unveils legal reform plan“, Feb. 18; “Bill Clinton among friendly crowd“, Feb. 14; “GQ on Gov. Bush, Karl Rove and litigation reform“, Jan. 7; and see Ralph Nader coverage.

Monitor vote fraud, get sued for ‘intimidation’“, Oct. 24, 2000.