Posts Tagged ‘politics’

Darrell McGraw and his outside counsel

Analyzing the upcoming race between the incumbent, Darrell McGraw, and his clean-government opponent, Dan Greear, the West Virginia Record has an extensive story on the West Virginia attorney general’s habit of giving lucrative no-bid contingency-fee contracts to his campaign contributors, as well as holding on to settlement money for his own personal slush fund.  I am quoted at length and described as “widely regarded as one of the country’s leading voices in tort reform.”  Also notable are quotes from another “Washington, D.C.-based lawyer who has written articles about the need for reform.”  Kim Strassel also has a good piece on the subject in Friday’s Wall Street Journal:

To Mr. Greear’s advantage, his opponent is a case study of abuse in office. Mr. McGraw, in more than 14 years as West Virginia’s attorney general, has been a pioneer in the practice of filing questionable lawsuits against big companies, secretly doling out the legal work to outside trial lawyer friends who reap millions in fees. Those lawyers then turn around and donate heavily to Mr. McGraw’s re-election.

Polls show the public, in theory, disapproves. In a Tarrance Group survey last year, 75% of West Virginians think an attorney general should publicly disclose outside contracts with lawyers. Nearly 60% think attorneys should have to competitively bid for those jobs.

It’s this that motivates Mr. Greear. “I’ve watched what’s going on and thought: ‘If I were doing this to a client, I’d lose my law license.’ I don’t think any fair-thinking person can think this is good government, or good solid legal representation for West Virginia,” he tells me.

Also helping is that Mr. McGraw’s own sense of political immortality has recently landed him, and his state, in hot water. In 2001, he appointed four private law firms to sue drug companies for alleged deceptive advertising of OxyContin. Having forced a settlement in 2004, he handed his tort allies $3.3 million of the $10 million haul. Mr. McGraw had sued on behalf of state agencies (including the state’s Medicaid program) — yet his office kept the rest of the settlement money.

The federal government, which pays a significant portion of the state’s Medicaid bills, remains furious the program received none of the settlement, and is now threatening to withhold millions in Medicaid money. Mr. Greear is hitting hard on the uproar, using it to suggest Mr. McGraw has lost sight of why he’s suing companies, other than for the headlines.

“The trial bar goes on the offensive”

I’m quoted by Quin Hillyer in an Examiner story today about the dozens of bills pending in Congress that engage in tort deform–favors for the trial bar. The new Trial Lawyer Earmarks website does a marvelous job documenting most of the bills out there, though one wishes it would provide direct links to THOMAS rather than forcing one to engage in separate searches. (Mislink and misspelling corrected.)

Thomas Geoghegan: “See You in Court”

The Texas Review of Law & Politics has published my review of Thomas Geoghegan’s book. I differ from the favorable reviews of Adam Liptak and others:

Many books and writers have documented the problems caused by the tremendous expansion of liability in the last half century. In response, several writers on the political left have written defenses of unfettered liability or indictments of the tort reform movement, sometimes even rationalizing such infamous outliers as the McDonald’s coffee case as legitimate uses of the tort system.

The latest arrival in this genre comes from much-celebrated labor lawyer and author Thomas Geoghegan: See You in Court: How the Right Made America a Lawsuit Nation. Unlike many on his political side of the aisle, Geoghegan acknowledges that the litigation explosion has harmed America, but blames it on right-wing policies. Deregulation, deunionization, and the right’s putative dismantling of the legal system and Rule of Law, Geoghegan argues, have driven Americans to the courts by cutting off alternative routes to social justice. Geoghegan effectively demonstrates that the left should view skeptically the claims of the litigation lobby, a skepticism sadly disappearing from the political discourse as the Democratic Party more and more reflexively adopts the positions of trial-lawyer benefactors at the expense of its other constituents. But Geoghegan’s attempt to blame conservatives for the increased role of litigation in society suffers from non sequiturs, self-contradictory arguments, and a general failure to engage his opponents’ arguments fairly.

Thanks to those at Overlawyered who commented on an earlier draft and helped make the paper better by reminding me that political contributions were a revealed preference.

War crimes trials? No thanks

Stuart Taylor agrees that the courts are right to rebuke some of the Bush administration’s aggressive war-powers claims, but that doesn’t make it anything other than a “deeply misguided” notion to try its leaders for supposed “war crimes”, let alone encourage other countries to snatch traveling U.S. ex-officials for trial there (“Our Leaders Are Not War Criminals”, National Journal, Jun. 28).

One of the most dedicated enthusiasts for such trials is attorney/controversialist Scott Horton, who writes at Harper’s and Balkinization and is an adjunct faculty member at Columbia Law School; after noticing how often Horton’s output seemed to be in need of fact-checking, I spent a few minutes just for the fun of it stringing together a sampling of such instances which appears here (scroll).

The Rezko mess: a (tangential?) Madison County link

Illinois state Rep. Jay Hoffman of Madison County, who doubles as an attorney with the Lakin Law Firm, is also said to be a big-time political fundraiser and a key link between the county’s far-famed class-action culture and the world of Illinois politics. Hoffman has long been a close and loyal advisor to now-Gov. Rod Blagojevich, something that’s no longer such a big political advantage what with the Rezko trial having badly sullied the governor’s reputation. Things got worse last month when Hoffman’s name came up during some of the most explosive testimony at that trial, though he’s been charged with no wrongdoing. And now he’s at odds with a fellow Democrat, state house Speaker Michael Madigan — himself a longtime guardian of trial lawyer interests in Springfield — following what the St. Louis Post-Dispatch describes as “the airing of a secret memo from [Madigan’s] staff directing legislative candidates to call for Blagojevich’s impeachment — complete with instructions to deny that they’re getting instructions.” (AP’s version). Ed Murnane of the Illinois Civil Justice League has more at Illinois Review, as do the editorialists of the Chamber-backed Madison County Record, while Eric Zorn of the Tribune and ArchPundit speculate that Blagojevich might appoint Hoffman to Barack Obama’s seat in the U.S. Senate should his election as President leave it vacant.

June 16 roundup

  • Educator acquitted on charges of roughness toward special ed student sues Teacher Smackdown website over anonymous comments criticizing her [NW Arkansas Morning News, Citizen Media Law Project, House of Eratosthenes]
  • Lorain County, Ohio judge who struck down state’s death penalty has Che Guevara poster in his office, though Guevara wasn’t exactly an opponent of killing [USA Today]
  • Privatization of U.S. Senate food service is a parable for wider issues [Tabarrok]
  • Low-end strategies for acquiring criminal-law clients include trolling the attorney visiting area at the federal lockup, paying the hot dog guy in front of the courthouse [Greenfield]
  • A Canadian Senator on why his country’s medical malpractice law works better than you-know-whose [Val Jones MD leads to audio]
  • U.K.: convicted rapist sexually assaults and murders teenage girl after housing authority is told evicting him would breach his human rights [Telegraph]
  • No word of legal action (yet, at least) in Salina, Kansas car crash that driver blames on “brain freeze” from Sonic restaurant frozen drink [AP/K.C. Star]
  • In Michigan, some mysterious entity is trying to drop an electoral anvil on two of our favorite jurists [PoL]

Fieger gets off

All those reimbursements of employees who donated to John Edwards? Just one vast coincidence, not a purposeful way of evading federal campaign finance laws. Now that the verdict’s in, could we please repeal the campaign finance laws in question ASAP, before some less lucky soul tries the same thing and gets sentenced to time in the slammer because his name isn’t Geoffrey Fieger and his lawyer isn’t Gerry Spence? (David Ashenfelter and Joe Swickard, “Fieger, law partner acquitted of illegal political donations”, Detroit Free Press, Jun. 2).

Barack Obama and tort reform: is he really bipartisan?

In an interview of Senator Barack Obama on Fox News, Chris Wallace questioned Obama’s claims of being a post-partisan leader who reached across the aisle.  In response, Obama identified his support of the Class Action Fairness Act tort reform bill.  Is this persuasive evidence of bipartisan behavior?  I explore the question in today’s Examiner.