Posts Tagged ‘West Virginia’

A thought on “hypocrisy” accusations

As a matter of federal tax policy, I oppose permitting deductions for state taxes. I would rather see lower federal rates across the board, and let the full impact of state taxes rest on the residents of the states that have high taxes, rather than have the entire nation subsidize a quarter or more of the tremendous tax rates paid by New Yorkers and Californians, thus reducing the pain of higher state taxes and allowing local politicians to escape the political consequences of profligate spending (not to mention preventing tax-cutting state politicians from realizing the full benefit of their policy).

But come April, I promise you that on my 1040 Schedule A, I’m going to deduct the thousands of dollars of state income tax I paid and collect the resulting refund. Does this make me a hypocrite? Of course not: it just means that I’m not an idiot.

I’m not arguing that people shouldn’t take deductions that are available to them; I’m arguing that the deduction shouldn’t exist. Self-flagellation on my taxes doesn’t make me any purer or my policy arguments any more correct, it just means that I suffer all the costs of a tax policy I oppose without realizing any of the benefits.

Cyrus Dugger, however, makes precisely this mistake when he criticizes a reformer for being a plaintiff in a lawsuit as a “hypocrite.” (Or, more accurately, thoughtlessly parrots the West Virginia Trial Lawyers Association’s accusation of hypocrisy.) That one argues that the law should be changed for the good of society doesn’t at all require that one refuse to take advantage of a bad law. There’s no requirement that reformers who find themselves in the situation of being plaintiffs abstain from receiving legally available non-economic damages. Reformers aren’t arguing that individuals are bad people for seeking non-economic damages, but, rather, the legal system’s award of unlimited non-economic damages is bad public policy. (For that matter, it’s far from clear that Stephen Roberts is even seeking non-economic damages above and beyond the cap he proposes—I have seen no one make that accusation.)

Similarly, Senator Trent Lott, an occasional reform supporter, sued his insurance company over Hurricane Katrina damage, seeking to rewrite the terms of the insurance contract that he agreed to, and using his power as a Senator to threaten the industry as a whole because State Farm refused to give him special treatment. However, the only thing Dugger can think to find wrong with Lott is “hypocrisy.” It strikes me that hypocrisy is the least of Lott’s sins compared to bringing an illegitimate lawsuit and abusing his authority as a Senator to punish the nation’s economy in order to seek personal gain for himself and his trial-attorney brother-in-law.

October 30 roundup

  • My Oct. 28 WSJ op-ed is now on-line for free. [AEI]
  • Your tax dollars at work: $24.2 million for two 17-year-old trespassers burned by high-voltage electrical wires six feet above the top of an Amtrak train that they had climbed. The one who received “only” $6.8 million had injuries minor enough that he’s serving in the Army now. [Lancaster Online via Northridge Buzz Blog]
  • Refuting trial lawyers’ claims of repealing McCarran-Ferguson as a panacea for insurance rates. [Point of Law]
  • “At what point are these accommodations exacerbating learning disabilities, and creating life disabiltities?” [Ivey; Wall Street Journal]
  • $1.5 million verdict: plaintiff blamed her bipolar disorder on a nurse’s error that caused a lung to collapse. [Columbus Ledger-Enquirer; see also Kevin MD commenters]
  • Trial lawyers insult West Virginia businessmen for daring to challenge their hegemony. [Institute for Legal Reform]
  • Bank of America overcredits account, takes money back, gets hit with California state class action verdict that could cost billions. [Point of Law]
  • Latest Duke lacrosse case outrage: prosecutor’s office says it hasn’t even interviewed alleged victim. [Volokh; Outside the Beltway; Corner]
  • In anticipation of Philip Morris v. Williams, hear the great Sheila Birnbaum argue State Farm v. Campbell. [Oyez MP3 via Mass Torts Prof]
  • Kristol: the U.S. Senate still matters because of judicial nominations. [Weekly Standard]
  • Election challenge to Washington state incumbent Supreme Court justice who is supported by trial lawyers. [Seattle Post-Intelligencer via Bashman]
  • Don’t tell AG Lockyer, or he’ll want to sue the fat for global warming. [NY Times via Kevin MD]

Appearances: NPR, ABC “World News Tonight”

I was a guest this afternoon on Michelle Martin’s live National Public Radio talk show, “Talk of the Nation“, discussing New York City’s proposed ban on most uses of trans fats in restaurants. ABC News “World News Tonight” also had me comment for a news segment on the issue planned for tonight’s broadcast.

On NPR, NYC Health Commissioner Thomas Frieden claimed that it is always possible to duplicate the taste and other gustatory qualities of a trans fat recipe using other fats. For an example of a business that stumbled by buying into this particular premise, see Jun. 30 (West Virginia potato chip maker Mister Bee).

P.S. On the NPR audio clip, check out the section just before I come on where host Martin, interviewing Frieden, does a blind taste testing of two wafer cookies, one made with trans fats and one without. And here’s a mention by Bonnie Erbe at USNews.com (Sept. 27)(attributing to me “typical eloquently opinionated New York style”).

Fact-checking the mainstream media (lawsuit division)

News clips reporting on large verdicts and settlements cross my desk regularly, and most do not seem on their surface to be worth blogging about. Most are terse summaries of a case’s outcome, and others do not present any indication (again, on the surface at least) that a case might have problematic aspects. The other day, however, I ran across a story in the Charleston (W.V.) Gazette describing a case in which a plaintiff had been terribly injured after a retailer sold what the reporter bluntly stated was a “defective mower.” This particular newspaper story was so one-sided that I thought there almost had to be more to it than was being reported — and I had no idea how right I was in that suspicion. This is a long post, but I hope worth readers’ while. It certainly makes me wonder how much I’m missing when I don’t go into the dockets to fact-check other seemingly run-of-the-mill cases.

Read On…

Damned if you do, damned if you don’t files: Putnam Hospital

Osteopath John King (who now calls himself “Christopher Wallace Martin” in his Alabama practice after surrendering his West Virginia and Texas medical licenses) had a poor record in numerous previous jobs in numerous states, but West Virginia’s Putnam County Hospital, the only acute-care center in the county, wasn’t able to find that out because the former employers were afraid of being sued. King lasted a few months at Putnam before he was dismissed for incompetence after an investigation, and King responded by suing Putnam and the independent expert who testified against him at a private peer review (as well as the newspaper that reported on his problems). Meanwhile, trial lawyers engaged in a feeding frenzy, filing dozens of lawsuits for tens of millions of dollars against the deep pocket (and some against each other), creating enough adverse publicity that Putnam lost nearly half of its business, and was on the verge of shutting down tomorrow before a last-minute deal to save the hospital was negotiated. Martha Montelongo has an overview in the August 17 Human Events Online. (Lawrence Messina, AP/Charleston Daily Mail, Aug. 28; Chris Dickerson, “Druckman sues former clients over work on King cases”, West Virginia Record, Aug. 8; Lawrence Messina, “W. Va. Hospital Says Lawsuits Drive Conversion to Urgent Care Center”, AP/insurance Journal, Aug. 7; Chris Dickerson, “Putnam General blames impending closure on trial lawyers”, West Virginia Record, Aug. 1).

Healthier potato chip? Better ask customers first

The mandatory-health movement is seeking to curb restaurants’ use of trans fats, often by way of lawsuit-filing (see Jun. 14) and legislation (e.g., “Alderman proposes trans fat ban”, AP/Bloomington, Ill., Pantagraph, Jun. 30, on Chicago alderman Edward Burke). So why don’t foodmakers just do the right thing and banish the offending ingredients? Parkersburg, W. Va.-based Mister Bee, the only producer of potato chips in West Virginia, found out the hard way when it replaced its hydrogenated oils with healthier cottonseed oil in its frying formula. It soon backed off after a 6 percent drop in sales and a steady flow of angry calls from buyers. The “new chip drew immediate reactions from customers who said if they wanted healthy, they wouldn’t be eating chips. Fans of the old chips said the new chip was darker in color, greasier and left an aftertaste. Mister Bee President Alan Klein acknowledged there was a ‘noticeable difference’ in the new chip’s taste after being in the package for a couple of days. The company tried modifying its recipe by using different oils, but consumers still didn’t like the new chip.” (“Customers Pan ‘Healthy’ Potato Chips”, AP/San Francisco Chronicle, Jul. 19).

When obtaining medico-legal diagnoses…

…do try to obtain one from a doctor who exists, rather than from one who doesn’t. Former railway worker Rodney Chambers, suing CSX Transportation on a claim of asbestosis, claimed to have been examined by a certain Dr. Oscar Frye on May 14, 2005 in support of his claim. Lawyers for CSX attempted to trace the doctor and found that the phone number Chambers had given for him belonged to someone else, state boards could find no record of ever licensing a doctor by that name, and the street address Chambers gave for the doctor in Huntington, West Virginia wasn’t a real street address. A further problem: the form Chambers submitted to attest to his asbestosis diagnosis “was identical to several other medical questionnaires received from doctors around the country.” Now the CSX lawyers would like to probe whether there is a wider pattern to be found among other asbestos claimants represented by Chambers’ lawyers. (Beth Gorczyca, “Claimant’s Diagnosis Challenged”, West Virginia State Journal, Jul. 27).

Watch what you say about lawyers, cont’d

The West Virginia Trial Lawyers Association says it will file a Federal Communications Commission complaint unless radio stations yank ads from the U.S. Chamber of Commerce which compare injury lawyers to crocodiles and cite the widely circulated (but trial-lawyer-loathed) Tillinghast studies on the cost of the liability insurance system. (Jake Stump, “Trial lawyers want radio ads pulled”, Charleston Daily Mail, Apr. 6). Carolyn Elefant, Mike Cernovich and Prof. Childs comment. More watch-what-you-say-about-lawyers stories: Jan. 13, 2005, Dec. 23, 2004, and links from there.