Rush Limbaugh Must Be Right Because He Says He Is

God bless the dittoheads-(blind followers of Rush Limbaugh logic).

Last Friday for about an hour in the first half of the Rush show they had something to cheer about. But then they realized Limbaugh got fooled by a blog post.  Limbaugh reported that his researchers had discovered that  Joe Klein, a Time Magazine reporter, had unearthed ten pages from a college thesis, not the complete thesis mind you, in which President Obama allegedly wrote, as an undergrad student at Columbia, that the Constitution was a rag designed to enslave the masses and that the founders were behind the conspiracy to do so. The whole thing turned out to be a hoax by a blogger.The problem for Limbaugh was that he only found this out halfway through his show.

This is what he said when he found out that the basis of his ravings about Obama that day, which basically consisted of telling his audience that Obama was not patriotic enough to be qualified as President, were untrue.

 

Limbaugh must know President Obama quite well, right? He has to  know what's in the President's heart, right? Obama could have written something like the thesis and probably has, (even if the thesis turned out to be a joke pulled on Limbaugh) according to the Limbaugh logic.

Limbaugh actually said when he realized he'd been had:

"So, I can say, "I don't care if these quotes are made up," "I know Obama  thinks it. You know  why I know Obama thinks it? Because I've heard him say it."

Ah, the dittoheads have to suffer on.

Really I just wanted to put the Limbaugh non apology /non mea culpa audio on my blog. I couldn't resist.

I have tried to tie this in somehow to my areas of practice, or to litigation generally, so hear goes a few comparisons. True stories from recent cases I've been involved in.

 

  • A defendant in a car accident case testifies at a deposition in which she admits rear-ending my client that "it was barely a tap..I didn't even know I hit her." The defendant couldn't understand how my client got hurt. This despite the fact that there was extensive rear end damage to my client's car and extensive front end damage to the defendant's car, and that my client had to be removed from the scene by an ambulance.

 

  • "I know that I cleared the sidewalk of ice. It was in real good shape. When I left Friday I threw some salt down." That's what a defendant store owner testified to at his deposition in a fall down case in which my client fractured her leg requiring surgical repair including the placement of metal plates and screws to put the bones back together.  The fall occurred on a Monday night. The store owner never returned to his property to inspect it, put more salt down or shovel the sidewalk until Tuesday morning. The snowfall came down on the prior Wednesday, five days before the plaintiff fell.  Fall down accidents can be difficult cases. In this case, there was actually a videotape showing my client walking from the bus stop over a mound of snow, at night, following the heavy snowfall a few days before, and walking on a clear portion of a neighboring sidewalk before stepping onto the defendant's sidewalk which had a narrow path which turned out to have been covered in a thin layer of black ice. Everybody in the neighborhood and particularly in the area where the plaintiff fell  had managed to do a pretty good job of clearing the sidewalk, except this defendant. Somehow, in his mind, the condition of his sidewalk on the night in question wasn't his responsibility.
  • A defense attorney  files a brief with the court alleging that he is entitled to my personal notes from a focus group which I hired pre trial to evaluate my client's case. The problem is, the law is crystal clear that my notes are protected attorney work product that the defense attorney would never be entitled to get his hands on.

 

None of these stories compare to the Limbaugh defense of "I think it therefore it must be so." I guess the lesson to litigants and those involved in litigation generally here is fess up if you what you are saying won't hold up. Credibility is a very powerful tool. Use it to benefit you. Take a lesson from the flawed logic of Rush Limbaugh.

Electronic Communication In The Courtroom

The legal system as a rule is slow in adapting technology. For instance In the federal courts,e filing, that is, the filing of pleadings and other legal documents on line,  is mandatory; but of the local counties, only Philadelphia mandated e filing in January 2009. In most other counties you can check dockets, but  that's about it.

How about in jury trials- can or should jurors be able to text or tweet about the goings on in the courtroom? No way. It jeopardizes the reliability of the ultimate verdict.Jurors going home at night and searching Google for information about the case they they are sitting on? It just does not work that way. Allowing jurors to do that would be equivalent to throwing the rules of evidence out the window.

And if you text in court and you are a participant in the proceedings? Forget about it. You could find yourself in jail. That's what happened to Susan Henwood, mother of four, in April 2009. A Utah judge found her in contempt of court for texting her husband, who was not in the courtroom at the time, " they're coming for the Polaris Ranger", a pick up truck owned by the Henmans which was part of a collection dispute. She spent two days in jail for warning her husband in advance to move the pick up so it could not be scooped up in the collection case.

AIG's Hank Greenberg: Who Is He And Why Is The Fact That He Has Agreed To Pay The SEC $15 Million Important?

Maurice “Hank” Greenberg was the poster child for tort reformers. The insurance industry loved him. Hank is the  84 year old former chairman of AIG. (AIG has changed it's tarnished name  since the taxpayer bailout). Hank never liked the fact that the average guy injured through no fault of his own had the right to sue to seek fair compensation. Here's a portion of a "tongue and cheek" description of Hank Greenberg from the July 2006 issue of Trial magazine.

It took Hank nearly thirty years to build a multibillion-dollar fortune.  Throughout those years, Hank was constantly being victimized.  He was victimized by a civil justice system that forced his company to pay for the medical bills of individuals injured by his insured.  As if that wasn’t enough, he was most recently victimized by Eliot Spitzer, the New York Attorney General who has alleged that Hank made his billions through illegal business practices.  Thanks to Mr. Spitzer, Hank was kicked out of the company he built, and he was even forced to transfer over $1 billion in assets into his wife’s name.

Hank loved to beat up on trial lawyers. In February 2004 he compared the debate over reforming class action litigation to the White House's 'war on terror'…. It's almost like fighting the war on terrorists," Greenberg told Boston College's Chief Executives' Club. "I call the plaintiff's bar terrorists." So let's get this straight. Right after 9/11, he's referring to a group, whose positions he opposes, as terrorists!

Yesterday Greenberg agreed pay $15 million to settle fraud charges filed by the Securities and Exchange Commission. The charges stem from an accounting scandal that led to Greenberg's resignation as the head of AIG in 2005. The next year, AIG paid $1.6 billion to settle charges that it manipulated its financial statements.

Greenberg's legal troubles are not over.  He faces civil fraud charges by the New York Attorney General and remains under criminal investigation in one manner  relating to AIG's accounting issues.  Federal prosecutors, who brought a criminal case against one AIG executive who was convicted last year of inflating AIG's reserves by $500 million in 2000 and 2001 through fraudulent reinsurance deals, have identified Mr. Greenberg as an unidentified co-conspirator; basically they believe he took part in the fraud scheme but didn't have enough evidence to convict him, the Wall Street Journal reported today.

By the way, how much money did the bailout of Hank Greenberg's AIG cost the United States taxpayers?  At last count  $182 billion. Hank fleeced AIG's shareholders to make his billions, exposed AIG to massive liabilities, and now the taxpayer is left picking up the former tort reformers' poster child's mess. What happened here?

The true face of tort reformers has been exposed for what it really is.

 


Should States Attorneys General Rethink Outsourcing Prosecution Of Mass Tort Civil Actions?

No. They can't afford to. Not in this economy. Not in any economy. It makes sense for states to outsource to avoid unnecessary overhead. California is issuing IOU's in lieu of checks to their vendors. If the Attorney General of the State of California approaches a trial lawyer for purposes of pursuing private litigation on behalf of California, are the citizens of California well served. You bet they are. Trial lawyers take on cases on a contingency fee basis, at great risk to themselves because there is no guarantee that they will be paid at the end of the case. Their financial success in the case is contingent on their successful litigation and trial of the case. They bear all the costs. The state typically pays none of the costs. Trial lawyers act as private regulators where the state legislature cannot or will not act, or where the state attorney general lacks the resources to prosecute. 

Pennsylvania Governor Ed Rendell has been bashed in the media of late, recently in the editorial page of the Wall Street Journal, for participating in this practice. The case involves Pennsylvania's hiring of a Houston law firm, Bailey, Perry & Bailey to litigate a case against Jansen Pharmaceuticals over the marketing of it's antipsychotic drug Risperdal. The Bailey firm contributed to the Governor's campaign. Certainly this is an unsavory fact, but not necessarily grounds for disqualification.

The Wall Street Journal editors are wrong, however when they state that the Pennsylvania Supreme Court's intervention before the litigation is concluded is "remarkable." Not so. The Court is responding to the defendant's request for an interlocutory appeal, which is encouraged by the Pennsylvania Rules of Civil Procedure to address issues which may have a bearing on other cases or which may curtail the litigation in the case at issue.

 

 

Abuse Of Public Trust: Vince Fumo Revisited

This is not another story about Vince Fumo. He's old news waiting for sentencing.

This a story of a former surgeon general of the United States appointed by President George H.W. Bush, Dr. Antonia Novello. Last week she pleaded guilty to a felony in a deal with prosecutors to avoid prison time for having New York State employees  perform personal chores for her when she was the State of New York Health Commissioner  from 1999-2006. The guilty plea requires Dr. Novello to perform 250 hours of community service at a health clinic, pay $22,500 in restitution and pay a $5,000 fine.  She also pleaded guilty to filing a false document pertaining to her description of one of her employee's duties.  She faced up to 12 years in prison if the plea had not been reached.

Novello had used state employees to provide free transportation for her on shopping trips and to perform various chores like moving furniture in her apartment.

Her lawyer said the prosecution was politically motivated.  I am sure she was appointed by  then President Bush because of her political leanings.  Nevertheless, when will politicians learn that they can't use public funds in any fashion for their own private means?

Dr. Novello was paid $256,000 per year in her job as health Commissioner. Unemployment presently stands at 9.5% nationwide.  $256,000 per year was not enough for her?