Madison County falls from Judicial Hellhole list

The American Tort Reform Association this morning released its annual list of "Judicial Hellholes."

Excessive awards from lawsuits are a drag on our economy, stifle business growth, drives up the cost of health care, and in the end, it is you who ends up paying the bill. Okay, that's my opinion, but I'm not alone in my thoughts.

Here are this year's Hellholes:

South Florida

Rio Grande Valley and Gulf Coast, Texas

Cook County, Illinois

West Virginia

Clark County, Nevada

Atlantic County, New Jersey

But there is some good news, and the ATRA didn't overlook it. Perennial denizen of the Hellhole list, Madison County, Illinois, didn't make the cut. Along with neighboring St. Clair Couny, Madison County is on the 2007 Hellhole watch list.

From the ATRA's press release:

Besides naming two new Judicial Hellholes this year, the biggest headline may be the fact that Madison County, Illinois is no longer a Hellhole," noted ATRA president Sherman "Tiger" Joyce. "In each of the last five years Madison County was cited as a leading Hellhole. But led by Chief Judge Ann Callis and Judge Daniel Stack, the courts there have undertaken several positive reforms which justify moving the county this year to the report's ‘Watch List.'

In 2005, President Bush gave a speech in Madison County and had this to say:

The number of class actions rose 5000% from 1998 to 2003 even though the vast majority of defendants were not actually from Madison County.The proper place for massive class actions is not in local court but in federal court.

But of course the scorecard is mixed in Illinois, since Cook County made the ATRA roll of dishonor.
To comment on this post, or to vote in the Pajamas Media presidential straw poll, click here.

Read more...

As pols raise taxes, trial lawyers continue to push their costly agenda

Water bottle taxes. Transportation "doomsday." Gross receipts. Family secrets.

A relatively small number of "sexy" issues in Cook County and Springfield has largely dominated the headlines during the past year. And while each of these issues is worthy of attention, it is worth noting that one clout-heavy special interest group is breathing easy, enjoying their year-long hiatus from the public spotlight.

I am writing, of course, about the personal injury trial lawyers.

Possibly the most politically influential group in Illinois (and nationally), the trial lawyers were able to fly under the radar this year.

But that doesn't mean they weren't as active as ever.

While the governor, speaker of the house, and Cook County board president have been grabbing headlines - and distracting the larger business community - the trial lawyers have done their best to wreak havoc in Springfield.

In fact, the trial lawyer agenda in Springfield this year has been the most aggressive in years.

Among the bills they introduced was House Bill 1798, sponsored by Rep. John Fritchey (D-Chicago), which would allow compensation to be paid to beneficiaries of decedents in wrongful death cases for "grief and sorrow." Not just for actual loss, which can be calculated, but for grief and sorrow, which cannot be calculated. Of course, regardless of whether it can be calculated or not, the personal injury trial lawyers will get their cut of the grief and sorrow.

Realizing this misguided legislation would be a dagger through the heart of popular medical liability reform legislation passed two years ago, the Illinois State Medical Society noted that this bill would "expand the damages allowed in wrongful death lawsuits and medical liability litigation."

Successfully passed and signed into law by Gov. Rod Blagojevich, this bill has created a new source of profits for the Illinois trial lawyer industry, now allowing these lawyers to cash in on grief and sorrow.

Can you feel their grief and sorrow?

Another disastrous bill pushed by the trial bar, Senate Bill 1296, would make any Illinois employer -or any Illinois institution, city, county, hospital with deep pockets the prime targets of Illinois trial lawyers. This bill would change the way compensation is determined in damage suits. It changes the rules of fairness in the Illinois tort system.

SB 1296 would establish that if multiple parties are responsible for causing an injury or loss, it makes no difference which of the multiple parties is most responsible. The plaintiff's attorneys, i.e. the trial lawyers, would be able to manipulate which defendant would be left at trial to pick up the tab. It would be the party with the deepest pockets or most money who pays. It wouldn't matter who was mostly at fault, it matters who has the most money.

Fortunately, a broadly-based collection of interests and organizations - including the Illinois Civil Justice League, Illinois Chamber of Commerce, City of Chicago and Illinois Municipal League, among others - was able to stall this bill from passage. It seems certain the trial lawyers will attempt to resurrect it in some form during the next legislative session.

Perhaps the lawsuit lobbyists have kicked it up a notch because they are losing their foothold at the local level. In 2004, they suffered a major blow when Justice Lloyd Karmeier defied millions in trial lawyer campaign cash to win election to the state Supreme Court.

Recent headlines have hailed the unprecedented reforms initiated by Chief Judge Ann Callis in Madison County - long known as the nation's capital of lawsuit abuse. Now even local government organizations, such as the Peoria City Council, have joined the fight, passing pro-lawsuit reform resolutions. Although non-binding, these resolutions do reflect grassroots pressure and voter sentiment that have made it more difficult for the trial lawyers to operate as freely as they once did.

Despite these positive steps forward, Illinois' lawsuit crisis remains. The U.S. Chamber of Commerce annually ranks Illinois among the worst in the country for lawsuit abuse. The American Tort Reform Association continues to label several Illinois counties as "judicial hellholes."

Employers and investors from around the country still look upon the Prairie State with disdain, due in large part to our lawsuit lottery. Doctors, nurses and healthcare professionals continue to suffer under the uncertainty surrounding the trial lawyer's court challenge of the 2004 medical liability reforms.

As the trial lawyers get stymied at the local level, they circle the wagons and retreat to their safe refuge, Springfield, where clout and campaign cash speak louder than public opinion.

In sunlight or the dark of night, in the headlines or on the back page, the issue of lawsuit abuse will continue to be front and center for employers, nonprofit organizations, health care workers, local governments and hospitals. And as trial lawyer cash continues to flow to judicial and legislative candidates alike, the personal injury trial lawyers will descend upon Springfield in the spring to block any meaningful lawsuit reform legislation and to push a dangerous agenda of their own.

The problems that plague our state's sputtering economic engine are vast, but reforming our broken legal system should be at the top of our elected officials' priority list. For the good of the Illinois economy and our employers, consumers and working families, our state legislators should resist the selfish urging of the clout-heavy trial bar.

The only ones who benefit from lawsuit abuse are the trial lawyers. And when they win, the rest of us lose.

Read more...

ICJL: There They Go Again

The new scorecard from the Illinois Civil Justice League shows just how extreme and out of touch their pro-insurance industry, pro-polluter, anti-corporate responsibility agenda really is.

Looking at the positions that the ICJL has taken on legislation, even by their own admission of the measures' impact, their scorecard should make us all wary of their extreme agenda:

Bills the ICJL opposes:

HB 511-FOIA Public Settlements.
This bill would make municipality and public agency settlements public under the Freedom of Information Act.
[yeah, why SHOULD taxpayers know where their money is going?]

HB 1121-Judicial Campaign Financing .
Establishes the Illinois Public Campaign Financing Fund as an alternative source of campaign financing for Illinois Appellate and Supreme Court candidates.
[Hmmm...wonder why the ICJL, which has given millions to Republican, pro-insurance industry judicial candidates, is for allowing big money to influence judicial campaigns?]

HB 1798-Wrongful Death Act-Damages.
This bill allows the plaintiff to sue the defendant for damages under the Wrongful Death Act for grief, sorrow, and mental suffering.
[Ironically, the ICJL didn't oppose GOP legislation passed a couple of years ago that provides the same compensation if someone kills your pet, but opposes wrongful death benefits if someone kills your kid. Murnane must be a dog lover.]

SB 20-Jury Expansion.
This bill would include Illinois taxpayers who claim an Earned Income Tax Credit into the list of potential jurors.
[God forbid we let poor people on juries]

SB 222-Judicial Campaign Reform
This bill would establish guidelines for the public financing of Illinois Supreme Court and Appellate Court campaigns. It also sets mandatory contribution limits with respect to all judicial election campaigns.
[Yeah, see HB 1121 above]

SB 486-Class Action Residual.
This bill provides that residual funds left over from paying the class in a class action settlement shall be distributed to one or more charities by court approval.
[I can only conclude that the ICJL's position is that if Wal-Mart manages to drag out lawsuits resulting from their distribution of tens of thousands of lead-tainted baby bibs across America long enough that the children actually die before the case is settled, then Wal-Mart should be rewarded by getting the money back. That's corporate irresponsibility, ICJL-style]

SB 747/SB 1027-Services Rendered
This bill, referred to as the "Plaintiffs' Windfall Bill," is similar to legislation introduced last year. It would require that defendant's pay to the plaintiffs the full bill for expenses, even if the plaintiffs themselves received a discount on those expenses. In essence, it allows compensation to the plaintiff (and their lawyers) for amounts which were not actually lost.
[Instead, the ICJL wants to reward negligent defendants when an injured citizen gets a discount from their hospital]

SB 1296-Liability Remaining Parties
This bill changes the formula for determining apportionment of fault by dividing fault only among the remaining parties in the case. It excludes parties who have settled prior to trial from the equation, allowing for plaintiffs to sue the deepest pockets after settling with those more at fault.
[Instead, the ICJL wants defendants to remain on trial even after they've been dismissed from a case, and even allow juries to award damages against them, Sounds fair to me. Not.]

SB 1501-Class Action Residual
This bill is similar in nature to SB 486. Provides that after class members are paid, any residue plus interest shall be paid to nonprofit organizations that benefit the class or facilitate healthcare services in Illinois.
[See SB 486 above.]


The ICJL agenda is so extreme that not even the Republican Party supports it.

In the Illinois Senate:

Not ONE single Republican scored 100%, or even above 85%.

Minority Leader Frank Watson only scored 83%.

Converting their scores to grades, here's how Senate Republicans faired:

A (90-100%): 0
B (81 - 89%): 5
B- (80%): 4
C (71-79%): 1
C- (70%): 0
D (61-69%): 3
D- (60%): 1
F (59% or lower): 4

Over in the Illinois House:

Only one Republican scored above 80%, and House Minority Leader Tom Cross earned a B-.

14 House Republicans scored 25%, including those well-known "Friends of Trial Lawyers":

- Bill Black (17%, and tied for the lowest score of any Republican)
- Beth Coulson (25%)
- Roger Eddy (25%)
- David Leitch (25%)
- Bill & Jerry Mitchell (25%)
- Ruth Munson (25%)
- Rich Myers (20%)
- Aaron Schock (25%)

I guess we now know why the ICJL required a 75% or better to score as a "Friend of Fairness", but lowered the bar for "Friend of Trial Lawyer" arbitrarily to 15%. Calling 14 House Republicans "Friends of Trial Lawyers" probably wouldn't have gone over too big with Tom Cross.

Republican-turned-Democrat Bob Pritchard's score of 67% was better than 35 of his former House Republican colleagues.

And finally, the grades for House Republicans:

A - 0
B: 1
B-: 1
C: 8
C-: 0
D: 2
D-: 2
F: 31

Read more...

Celebrations All Around -- Or Maybe Not

The happy scene portrayed in the photo at right took place in August, 2005, when Governor Blagojevich signed SB 475, now Public Act 94-677, the medical malpractice reform bill of 2005.

Some of the people behind him, in white coats, are physicians or other health-care professionals who joined him for the signing ceremony. It was held in Madison County, an area of Illinois that had been a hot bed in the fight for medical malpractice liability reform. Blagojevich - not a supporter of med-mal reform - realized that this was an issue he should jump on since it was approved in the General Assembly.

Hence, the Blago machine helped script and structure the event and the Governor himself showed up at St. Anthony's Hospital in Alton to sign the bill.

The happy scene portrayed in the second photo at right took place on May 31, 2007 -- last Thursday -- when Governor Blagojevich signed Public Act 95-003 into law. P.A. 95-003 had been referred to as the "grief and sorrow" bill. It was a trial lawyer-initiated bill and the primary impact of it will be more money for trial lawyers. True, the new law will provide financial compensation for the "grief and sorrow" that relatives of some decedents suffer in connection with the death of a family member.

As if money will really help anyone, except the trial lawyers who will collect their contingency fees.

There was no big signing ceremony for HB 1798 -- now P.A. 95-003. Neither the governor nor the trial lawyers -- nor anyone -- wanted to focus any more attention on this bill so it was signed ... when? ... who knows? It might have been in a dark alley behind the Capitol or in some local trial lawyers' office.

The Governor knows it is a bad law; the legislators who voted for it know it’s bad; trial lawyers know it’s bad law -- but it's good for them. They wanted no attention focused on this bill-signing. Perhaps Blagojevich’s almost-fistfight with Sen. Mike Jacobs was just one of many attempts to distract the media and others from this signing. (Jacobs, by the way, voted "NO" so maybe that's another reason Blagojevich was upset with him.)

Maybe it’s an encouraging sign when the Governor and his colleagues in the General Assembly realize when they are doing something that’s bad and don’t want to call any more attention to it than is necessary.

Maybe Governor Blagojevich realized that HB 1798 was so distasteful that he should sign it with as little attention as possible -- before the Citizens of Illinois (including doctors, hospitals, businesses, etc.) had a chance to say, "Hey, Gov, you ought to read that bill and think twice about it and veto it."

But he didn't -- although he did get those calls -- and HB 1798, now PA 95-003, is the law in Illinois.

The Governor's action, the trial lawyers' action in proposing such a bill, and the action by members of the Illinois General Assembly who voted for it, all seem very fitting for a legislative session that has been favorably described as a disaster.

And it's a legislative session that still goes on because the party in control of the Legislative and Executive branches of Illinois government seems incapable of leading and governing.

Maybe this is also one of the reasons the good guys - that’s us and our allies -were able to slow down any progress on another of the absolutely outrageous trial lawyer bills, SB 1296.

Whatever the reasons, SB 1296 was slowed down/stopped - at least for this session.

Maybe it was because legislators who actually looked at that bill thought - or asked - are they kidding?

Maybe it was because legislators heard from a LOT of constituents who had serious concerns and legislators themselves developed serious questions.

Maybe it was because opposition came from unanticipated sources: Chicago, local governments, including municipalities and park districts.

Whatever the reason, SB 1296 is on hold right now and maybe forever, at least in its present form. Those who opposed it because of what it would do should be prepared to resume the fight - perhaps not in November but certainly next year - because the proponents will figure out a way to make it seem like nothing more than a clarification of intended law that assures fairness for everyone, especially the most seriously injured. And a lot of Illinois legislators will swallow that baloney sandwich.

So keep the powder dry.

Cross-posted at Illinois Justice Blog.

Read more...

Yet another op-ed opposing the trial lawyers' 'deep pockets' bill ...

Steven Puiszis, president of the Illinois Association of Defense Counsel and a partner at Hinshaw & Culbertson LLP, writes a great op-ed in this morning's Springfield State Journal-Register:

The Illinois Trial Lawyers Association have been wielding its political influence to push Senate Bill 1296.

Tuesday, they went so far as to run an advertisement in The State Journal-Register claiming that Senate Bill 1296 is intended to “protect Illinois families” and to “make sure guilty parties are held accountable.” In fact, Senate Bill 1296 will have the exact opposite effect.

How exactly does the trial lawyers’ plan work in Senate Bill 1296? Imagine you are driving home from work and approaching you in the oncoming lane of traffic is a drunken driver. He crosses into your lane of traffic and plows into the car ahead of you. Unable to stop in time, you skid into the same car from behind. There is minimal damage to your car because the impact was minor and you were not hurt. But the driver of the car hit by the drunken driver is badly injured and he sues both you and the drunken driver. The drunken driver has no money and no insurance, so the injured party settles with him for little or nothing.

Under current Illinois law, the jury will determine your percentage of fault for the accident by taking into consideration the fault of the drunken driver. If the jury determines that the fault of the drunken driver is 90 percent, your fault is only 10 percent. Allowing the jury to consider the fault of all parties makes common sense and provides for a fair outcome.

Click here to read the full commentary.

We also invite you to visit http://www.deeppocketsillinois.com/ to learn more about how you can stop this trial lawyer money grab.

Read more...

A slap in the face at fairness

SB 1296 - the trial lawyers' 'Deep Pockets' bill - passed the House Judiciary Committee yesterday on a straight party line vote. According to this story, a full House floor vote is expected next week.

Here's ICJL's response:

"This bill is a slap in the face at fairness, it is a slap in the face of Illinois employers, and it is a slap in the face of common sense," said Ed Murnane, president of ICJL, who pointed out that, under SB 1296, a defendant could be held 100 percent liable in a lawsuit where he or she is only five percent at fault.

Added Murnane, "Fairness and common sense demand that people or institutions that cause injury and damage should be held accountable based on their degree of responsibility - not the deepness of their pocketbook."

Murnane noted that the legislation is opposed by a diverse coalition of groups, including many units of government, such as the City of Chicago, Illinois Municipal League, Illinois Association of Park Districts, the Park District Risk Management Association and the 77-member municipalities of the Illinois Risk Management Association.

"Cities, counties and other municipal bodies are considered 'deep pockets' because they can raise funds through taxation, and would be prime targets under this legislation," said Murnane.

Contact your legislators today to urge them to vote "No" on this disastrous bill.

Cross-posted at Illinois Justice Blog.

Read more...

The Sound of Silence

The silence from the U.S. Chamber of Commerce and their front group, the Illinois Civil Justice League is deafening.

They often complain that our courts are clogged by frivolous lawsuits.

They often say these lawsuits are nothing more than an attempt to shake down deep-pocketed defendants.

They like to argue that these massive, multi-million dollar lawsuits are imposing a tax on every working family.

Then comes this case:

Lawsuit against Splenda settled

The makers of Splenda and Equal on Friday settled a lawsuit over Splenda's disputed advertising slogan -- "Made from sugar so it tastes like sugar."

The settlement came right after the jury in Philadelphia announced it had reached a verdict.

Chicago-based Merisant Co., which makes Equal, accused Splenda of confusing consumers into thinking its product was healthier and more natural than other artificial sweeteners. Splenda's marketer, McNeil Nutritionals, countered that it simply has a better product backed by superior advertising.

A McNeil spokeswoman said the amount of the settlement wouldn't be announced.

Merisant was seeking more than $200 million from McNeil -- at least $183 million for unfair profits since 2003 and compensation for at least $25 million in lost sales.

The active ingredient in Splenda starts as pure cane sugar but is chemically altered to create a compound that contains no calories, according to McNeil. The final product contains no sugar.

That’s right. Splenda is made from sugar. And no one is disputing that it tastes like sugar (as a user of Splenda, I can tell you it tastes alot more like sugar than Equal, which tastes like the rancid extract of dirty sweat socks to me).

But Equal didn’t like the fact that they were getting their butt kicked in the free market, with Splenda cornering 60% of the artificial sweetener market in just a few short years, so the makers of Equal filed a $208 million lawsuit.

Now, Splenda is also being sued by sugar makers.

To me, this case seems to fit the definition of a frivilous lawsuit. And the infamous McDonald's case is dwarfed by this $208 million lawsuit.

Where’s the t.v. ads and press releases from the Illinois Civil Justice League blasting corporate America for filing frivolous lawsuits? Where’s the think tank study showing how Equal’s frivolous lawsuit is driving up the cost of Splenda – now found in over 4,000 consumer products – for hard working families?

Meanwhile, the ICJL is running t.v. ads about how many lawsuits are filed in Illinois each year. I wonder how many of those lawsuits are by businesses suing each other, just like this case?

Read more...

81,000 Lawyers in Illinois; Who Speaks for Them?

Why do 81,000 lawyers in Illinois allow a small handful -- about 3% -- to brand them?Most of the lawyers in our state probably have not asked themselves that question -- but it is a valid question. The image of lawyers in Illinois is painted by the television advertising and media self-promotion of the personal injury trial lawyers -- the plaintiffs' lawyers who attract the big attention with their big lawsuits and big settlements or awards.

But 97 percent of the lawyers in Illinois don't deserve the tarnish that is applied to them by the plaintiffs' trial lawyers. The Illinois Trial Lawyers Association (ITLA) claims a membership of more than 2,000. According to the ITLA Web site:

"The Illinois Trial Lawyers Association is a statewide organization whose members specialize in representing injured consumers and workers. Founded in 1952, the organization currently has over 2,000 members."

And last month, the Illinois State Bar Association launched an advertising campaign costing nearly $300,000 to fix the image of all lawyers in Illinois -- an image tarnished primarily by the plaintiffs' lawyers of ITLA.

There is no doubt that ISBA is heavily dominated by ITLA. In Springfield, it's hard -- virtually impossible -- to tell them apart.

When Illinois businesses -- and Illinois citizens -- think of lawyers in Illinois they are reminded of the advertising they see on television, heavily dominated by personal injury lawyers. They are reminded of the hostile, anti-business and anti-doctor and anti-hospital messages conveyed by ITLA on it's Web site and in testimony in Springfield.

Nearly 800 new lawyers were sworn-in last week and if the percentages hold up, about three percent -- or 24 of them -- will become plaintiffs' lawyers. We suspect the number will be higher than that because that's where the money is but whatever the number, the vast majority will have to deal with the image of lawyers created by a small minority.

And the prospects for change don't seem promising when the other big lawyer story of the weekend is the election of ISBA's new third vice president is another ITLA member from Southern Illinois. Under ISBA's secession rules, Mark D. Hassakis will become president in 2010.

Cross-posted by Ed Murnane at Illinois Justice Blog.

Technorati Tags: Illinois State Bar Association, Illinois lawsuit abuse, trial lawyer, tort reform, Illinois Civil Justice League

Read more...

"Stuff" Happens. That's Why We Need Trial Lawyers

As the Illinois Civil Justice League continues to fight reform's to Illinois' Wrongful Death Act, to hold wrongdoers accountable when they take a life, this story breaks:

Wal-Mart issues voluntary recall of lead-containing baby bibs

LITTLE ROCK, Ark. Wal-Mart today voluntarily recalled sets of baby bibs from its stores in Illinois and New York after they tested positive for high levels of lead.The bibs were sold under the Baby Connection brand name and came with embroidered prints or images of Sesame Street characters.....

....Wal-Mart spokeswoman Nia Masten says the vinyl portion of the bibs exceeded the lead levels set by Illinois for children's products. Masten says about 60-thousand of the bib bundles were sold in Illinois without any reported injuries. (emphasis added)

First of all, I'm hoping that someone can explain to me what is considered a safe level of lead for children's products.

Secondly, I hope someone can explain to Wal-Mart that symptoms of lead poisoning often go undetected and can take years to present themselves. Effects of lead poisoning on the brain, digestive system, and kidneys can include: low IQ, memory loss, hyperactivity, hearing loss, weight loss and kidney failure. And yes, it can be fatal. Moreover, here's what pediatricians recommend:

If your child has any of these symptoms of lead poisoning and he is at risk for lead exposure then you should see your doctor immediately. Most children with lead poisoning do not have any symptoms, so if your child is at risk you should still have him tested even if he is not having any problems.

Some effects of lead poisoning, such as poor school performance because of a low IQ, do not show up until a child is much older, at which time they will probably have a normal lead level, and so may not be attributed to lead poisoning. (emphasis added)

I hope that everyone who purchased these bibs has their child tested for lead poisoning ASAP. I hope that those of you who like to spend alot of time ragging about the trial lawyers will take a step back for a moment, and remember that sometimes "stuff" happens, and that's why we need trial lawyers.

Read more...

Hypothetically Speaking......

The Rock Island Argus/Dispatch prints one of the craziest, most rambling, incredulous editorials I've read in a long while, and that's saying something. Their jihad against pending legislation that would prevent the insurance industry from opening a loophole in Illinois' civil laws reads like a verbatim press release from the Illinois Civil Justice League from start to finish, and they probably should have charged them their standard advertising rates for it.

The most embarrassing passage from the entire piece is this:

Consider this scenario offered by the Illinois Justice League, which has launched a campaign, DeepPocketsIllinois.com, to oppose the measure:

"Imagine that while traveling home from Springfield you get hit by a drunk driver. Neither you nor the other driver is injured, but a passenger riding with the drunk driver is thrown from the vehicle and severely injured. To add insult to injury, the drunken driver has no insurance.

"Although you were minimally at fault, the lawyers for the injured passenger settle out of court with the drunk driver. Now they are suing you for the full amount of damage. It doesn't seem fair that you and your insurance company should be on the hook for the full amount of damages, when you were only minimally at fault. Unfortunately, if the trial lawyers successfully pass 1296, situations like these could become typical civil procedure in Illinois courts."

Hold it right there, guys.

First, when was the last time you saw an editorial board advertise the website address of an interest group in its editorial? Never, maybe?

When was the last time you saw an editorial board provide a 127 word verbatim quote (six direct quotes in all) of a registered special interest group in an editorial? Never, maybe?

Finally, the bogus hypothetic question. When in Illinois do they think that a jury of 12 people is going to award a penny to someone dumb enough to get into a car with a drunk, unlicensed driver, then ram another car, and blame the driver whose car they hit? How about a lawyer dumb enough to take that case, knowing they'll never get paid? Never, maybe?

The Illinois Civil Justice League's hypothetical question might as well have started out "Imagine while traveling home from Mars...."

I've got a better hypothetical question:

Imagine the Illinois Civil Justice League -- backed by the Insurance Industry -- has given $2 million to Republican candidates over the last decade.

Imagine that the biggest business in Rock Island, John Deere, has given $200,000 to Republican candidates over the last decade.

Imagine that one of the biggest purchasers of advertising in the Rock Island Argus/Dispatch is that region's largest employer, John Deere.

Finally, imagine that both John Deere and the Illinois Civil Justice League wanted to prevent Democrats from closing a legal loophole (being created by activist judges) that would benefit insurance companies and big businesses -- at the expense of injured every day citizens -- and maybe even help elect a few Republicans in the process.

Hmmm....I wonder who John Deere and the ICJL could call on?

Sadly, that's not to hard to imagine at all.

The phone numbers for the Rock Island Argus/Dispatch can be found here.

[Hat Tip, CapitolFax]

Read more...

ICJL touts new study by Big Tobacco, Oil and Drug Companies

Earlier this week on Illinoize, the Illinois Civil Justice League's Ed Murnane was touting a new study by the Pacific Research Institute, which he says backs up his claim that we need to restrict citizen access to the courts.

Not surprisingly, the Pacific Research Institute's work is funded by Big Tobacco, Big Oil, and Big Drug Companies.

According to SourceWatch, the Pacific Research Institute's major financiers include:

Altria (Parent company of Phillip Morris)
Chevron Texaco
ExxonMobile Corporation
Pfizer
PhRMA (umbrella group for the pharmaceutical industry)

The PRI's donors includes another group that I'd never heard of until now: White House Writer's Group.

Again, from SourceWatch:

The White House Writers Group (WHWG) was founded in 1993 by "five former White House speechwriters", many colleagues from the George H.W. Bush Administration. [1][2]

Media Transparency calls WHWG "an umbrella firm of former ghostwriters for Republican presidents and bureaucrats now at the service of anyone willing to pay." [3]

Gee, anyone wanna bet that the WHWG's client list includes Big Tobacco, Big Oil, Big Drug Companies, or all three?

As for the study itself

You've got to give style points, but no credibility points, to a study that includes a foreword from Haley Barbour. For those of you who've forgotten the pre-Katrina past of Mississippi's current GOP Governor, he's grateful. You see, Haley Barbour isn't just the former chair of the RNC and a defender of the old ways of the South, he also posed for a widely disseminated photo with modern era segregationists. That lapse in political judgment (and Barbour's subsequent defense of it) left such a stain on Barbour's political career, most folks plum forgot that before he became RNC chair, Barbour was a DC lobbyist who's firm made millions lobbying for big tobacco.

Barbour is so deep in the pocket of the tobacco industry that he vetoed a bill as governor that would have lowered grocery taxes by raising the tax on cigarettes (Mississippi has one of the highest grocery sales tax rates in the country).

To paraphrase the Chicago Tribune, Barbour is so deep in the pockets of the Tobacco Industry, he's lint.

But, God Bless Katrina, Barbour is now quietly campaigning for the VP slot on the Republican ticket in '08.

The moral of the story is this: If you want to pass off your tobacco industry propaganda as "a thorough and comprehensive study by economists," don't include a foreword by the segregation-loving, tobacco lobbying, ultra-conservative governor of Mississippi.

Read more...

How Over the Top is the ICJL?

Backed by the insurance industry and out-of-state big business interests, the Illinois Civil Justice League continues it's hard campaign to try to justify its continued existence. As I listen to their "the sky is falling" rhetoric, I'm reminded of a recent interview with Republican pollster Frank Luntz, who said interest groups do a disservice to themselves by adopting extreme positions and over-the-top rhetoric, mainly in an attempt to try to justify their existence and keep the cash flowing in from their extreme backers. Luntz was talking about groups like People for the Ethical Treatment of Animals (PETA), but he could have just as easily been talking about the Illinois Civil Justice League (ICJL).

Enter Senate Bill 1296. According to the ICJL, SB 1296:

would establish that if multiple parties are responsible for causing an injury or loss, it makes no difference which of the multiple parties is most responsible. It will be the party with the "deepest pockets" or most money who pays. It doesn't matter who is mostly at fault, it matters who has the most money.

The insurance companies backing the ICJL are the same guys who claimed that requiring insurance companies to cover preventative services like mammograms would drive up the cost of health care, so I don't take anything they say at face value. So, I read the bill. Here's what SB 1296 actually says. All that it says:

The apportionment of fault under this Section only applies to the parties still remaining in the case at the time of the final determination by the trier of fact. It does not apply to the defendants or third party defendants that have been dismissed for any reason, including settlement.

In other words, a jury can't find someone guilty -- apportion blame and demand payment for damages from them -- if they are no longer on trial because they've been dismissed from the case or have already settled.

Now, I'm no lawyer, but I took several classes on democracy in college and consider myself fairly well versed on the democratic ideals of justice. And, for the life of me, I can't understand how the ICJL can argue that a jury should be able to find someone guilty and sentence them if that person is not on trial because they've been dismissed from the case. Somewhere tucked away inside all of our Constitutional Rights regarding due process, I think we're entitled to know that we're on trial and be represented by counsel before a jury finds us guilty.

I also can't understand how the ICJL can argue that a jury can find someone guilty for something and demand restitution, when that individual has essentially already pleaded guilty and accepted punishment. Don't we call that "double jeopardy"?

Speaking of PETA

The ICJL finds itself making some very strange bedfellows in it's opposition to House Bill 1798 as well, which amends the Wrongful Death Act to hold murderers, drunk drivers, and others who unlawfully take a life accountable for the grief and sorrow they've caused under Illinois' civil laws. The ICJL believes that if you take a life, you should only be liable for the victim's lost wages and medical expenses (if they lived that long), so that killing a minor, a senior citizen, or a poor person will cost you nothing.

Here, I do have some expertise. My best friend was murdered when we were only 17 years old. The State's Attorney struck a plea deal with the two guys who broke into his house and stabbed him to death for Second Degree Murder, 14 years. The Ringleader was out in seven, and later had his record expunged by Gov. Ryan. Because of Illinois' arcane Wrongful Death Act, his family received no restitution for the lifetime of pain they got, including returning home day after day to the scene of their own son's murder. I got to be a pallbearer my senior year of high school.

I mentioned PETA earlier, and ironically under Illinois law, you are entitled to restitution for grief and suffering if someone kills your pet. I humbly submit that people deserve at least the same consideration as animals.

(before the PETA folks freak out on me, the bassethound with the knife in his head is a Halloween costume, and I love dogs. In fact, I put PETA a step above the ICJL.)

Read more...

Watch the other rings, too

While the circus is believed to have had its origin in ancient Rome, the three-ring circus is an American creation, dating back to the 1800s. The traveling Ringling Brothers and Barnum and Bailey Circus made the term "three ring circus" well known and millions of Americans of all ages enjoyed the spectacle.

Usually, the center ring was the primary act and lesser performances would take place in the two outer rings. Most of the attention - sometimes all - would be on the star performers in the center ring.

That seems to be happening in Illinois today, in Springfield.

While the center ring has featured the governor and his proposed gross receipts tax, opposed by virtually everyone with any sense of fiscal responsibility (including his lieutenant governor, comptroller and treasurer) other acts are attracting less attention.

In the second ring we see the debate over electricity rates, interspersed with an occasional news item about indictments in Chicago or the qualifications of U.S. Attorney Patrick Fitzgerald.

It must all be good theater because that’s all that seems to be attracting any attention.

But way over there, in the third ring, is a show that nobody seems to be paying attention to. It’s the performance being produced by the Illinois Trial Lawyers Association and their willing props, members of the Illinois General Assembly.

Almost completely ignored has been the assault by personal injury lawyers in Illinois on the business community, on the medical community, on local governments and, ultimately, on the taxpaying citizens of Illinois.

Three troubling trial lawyer proposals are currently moving toward passage, with the agreement (and complicity) of more than half the members of the Illinois General Assembly:

The first proposal - SB 1296, which passed the Senate last week - would invalidate the time-tested and logical procedure that says the person or entity most responsible for causing injury or damage should be most responsible for providing compensation or relief. Instead, the trial lawyer proposal would change it to put the burden on the person or entity with the most money, regardless of percentage of fault. Even if you were 1% at fault, you could be liable for 100% of the compensation awarded. If you happen to be a municipality ... or a corporation ... or a hospital ... or an individual with any resources ... and you're named in a suit, whether frivolous or not, chances are you're going to be stuck with the tab.

The second proposal would allow trial lawyers to collect even more for medical costs than has actually been paid and would prohibits admission of evidence that payments by insurers have been made in compliance with agreements or contracts between hospitals, doctors and insurers. This bill, SB 747, was blocked in the Senate Judiciary Committee but the language of the bill has now been amended to SB 1027, which had already been advanced from the Senate Executive Committee to the floor of the Senate. The bill awaits final passage in the Senate, which is likely this week. This is an indication of the greed and tactics of the personal injury trial lawyers and their allies.

A third proposal would provide yet another source of revenue for personal injury trial lawyers. HB 1798, sponsored by Rep. John Fritchey, D-Chicago, would allow compensation to be paid to beneficiaries of decedents in wrongful death cases for "grief and sorrow." Not just for actual loss, which can be calculated, but for "grief and sorrow," which cannot be calculated.

Of course, regardless of whether it can be calculated or cannot be calculated, the personal injury trial lawyers will get their cut of the "grief and sorrow."

While this assault on fairness has been largely ignored in the public square, so also has been the effort by civil justice reform advocates to restore -- or create -- some balance in the system. Unfortunately, the trial lawyer allies in the legislature have been successful in shooting down many of these reform proposals.

For instance, a bill (SB 1549 and HB 1896) to set standards for testimony by "experts" in court rooms in the aftermath of wide-spread exposure of "junk science" was shot down in both the Senate and House Judiciary Committees.

Another bill (HB 1892) to establish some sensible guidelines for litigation venue (i.e. where a suit can or should be filed) was given a hearing in the House Judiciary Committee but no action was taken and none is likely.

Ironically, even the judges in Madison County, which has long been considered the poster boy for improper venue, have agreed that some changes need to be made.

Illinois legislators, however, do not agree.

Other bills would have tightened standards on evidence in asbestos lawsuits (HB 1897), clarified rules for class action lawsuits (HB 1893) and restore product liability laws that had been in effect in 1995-1997 (HB 1898).

But alas, the trial lawyer-controlled General Assembly will have nothing to do with any of the overdue reforms and the news media, alas again, is reveling in the action in the center ring.

To view or post comments, please visit Illinois Justice Blog.

Technorati Tags: trial lawyer, tort reform, Illinois Civil Justice League

Read more...

Who IS ICJL/Deep Pockets Illinois? Follow the Money.

The Illinois Civil Justice League has launched a new propaganda campaign, "Deep Pockets Illinois," aimed at thwarting the passage of Senate Bill 1296. If you believe ICJL's Ed Murnane, the world is about to come to an end.

I'll have more about the bill later, but before we get into the nitty-gritty of why the ICJL claims that legislation that merely codifies 20 years of judicial practice will bring the world to an end, I think it's fair to take a deeper look at just who's behind the ICJL and their political arm, JUSTPAC.

According to the ICJL, they are "a coalition of Illinois citizens, small and large businesses, associations, professional societies, not-for-profit organizations and local governments." Unfortunately, there's no way to verify that claim because nowhere does the ICJL disclose who actually funds them.

Fortunately, the ICJL's political arm, JUSTPAC, is required to disclose where their money comes from. So I went to the State Board of Elections website, and low and behold......

• More than half of JUSTPAC's funding comes from outside of Illinois;
• Fewer than 100 donors to JUSTPAC come from Illinois, but
• Nearly one-third of in-state donors have direct ties to the insurance industry;

And where does JUSTPAC's money go? Since 1994, JUSTPAC has given:

• $2,094,662.60 to 80 Republican candidates in Illinois.
• $500.00 to one Democrat.

Draw your own conclusions about who's interests JUSTPAC is looking out for. I believe that "he who pays the piper calls the tune," and if you:

• Live in Illinois, and
• don't work for the insurance industry, and
• Aren't a GOP candidate for office

JUSTPAC isn't working for you.

Read more...