American Justice Partnership

Opinions/Editorials on the Case for Legal Reform

 
 

 

Repealing State's Legal Reforms

Helps Trial Lawyers, Not Residents

Dan Pero

President

American Justice Partnership

August 29, 2007

As Appeared in The Oakland Press

 

Many organizations vie for the sympathy of the press. Robert Raitt, Michigan Trial Lawyers Association president, takes a different approach. He issues marching orders for The Oakland Press and other news organizations.

"It is long past time," Raitt wrote in a recent guest opinion piece, for "journalists who are entrusted with reporting the facts in Michigan" to "put a halt" to "disingenuous propaganda" in the form of studies from "special interests."

Take note, editors and readers, you have been directed not to think for yourselves when it comes to what qualifies as disingenuous or as a special interest.

In a thinly disguised tirade masquerading as an opinion piece, Raitt singled out two pro-legal reform reports from the American Justice Partnership and the Michigan Chamber of Commerce as examples of these "self-serving, contradictory studies."

Put aside for a moment that nothing meets the definition of self-serving as much as a trial lawyer advocating for the repeal of legal reform.

Raitt makes his case out of the fact that in the AJP study, Michigan is ranked as having the seventh best liability climate in America, while the chamber study calls Michigan a "caution" state in which legal reform is in jeopardy. But there is no contradiction here.

What Raitt doesn't tell you is that the AJP rankings emphasize how laws are currently implemented by Michigan's nationally respected courts and jurists.

The chamber study focuses on the growing movement in the state House of Representatives to repeal Lansing's landmark legal reforms.

Given that the trial bar has annual revenues 50 percent greater than those of Microsoft or Intel – making it the most moneyed and powerful special interest in America – the prospects of this repeal campaign are serious.

It would be a tragedy if this campaign succeeded. While many national legal trends are negative, Michigan's pioneering legal reforms have had a positive impact. The state's product liability reforms, which alone have reduced those filings by 67 percent, have helped attract investments such as the Michigan Life Sciences Corridor. But a return to the golden years of trial lawyers would reverse these gains and make the current downturn in Michigan permanent.

Raitt also warns against "special-interest-funded tall tale[s]" about lawsuit abuse. Here are some solid examples of lawsuit abuse from other states:

  • In Miami, Louis Robles, hailed as "King of Torts" for his successful mass tort litigation practice, was disbarred and recently indicted on federal charges alleging he defrauded thousands of sick asbestos clients out of $13.5 million. While many of his ailing clients languished in poverty, Robles reportedly enjoyed a $15 million waterfront mansion, a $1.2 million condominium in Colorado and a staff of servants. Will opening the way for the likes of Robles bring jobs to Michigan? Perhaps, if your idea of a good job is to be a butler to a rich trial lawyer.

  • In California, the storied law firm of Milberg Weiss Bershad & Schulman faces a federal indictment for allegedly providing over $11 million in kickbacks to prospective plaintiffs in return for their participation in class action lawsuits.

Or do we need lawyers like Tom Troiano, who filed a non-adversarial claim on behalf of a 9/11 widow in New York—and then hit her up with a $2 million-plus bill?

Don't take my word for it. Search the Internet for these stories, and you will see for yourself why Michigan needs to remain a leader in legal reform.

Columnist:

   

Dan Pero

President

American Justice Partnership

600 South Walnut

Lansing, MI 48933

517-371-7276

dperoajp@aol.com

 

 

 

 

 

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