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Frivolous Lawsuits «

Posts Tagged Frivolous Lawsuits

Health Care Push Revives Tort Reform Debate

NationalJournal.com

ONLINE EXCLUSIVE

Proponents Predict Billions In Savings From Reform, But Opponents Say Changes Aren’t Worth It

Addressing the American Medical Association in June, President Obama got applause for bringing up an issue facing many doctors — the threat of malpractice suits. “I recognize that it will be hard to make some of these changes if doctors feel like they’re constantly looking over their shoulders for fear of lawsuits,” he said. “I understand some doctors may feel the need to order more tests and treatments to avoid being legally vulnerable.”

But he immediately tempered the crowd. “I’m not advocating caps on malpractice awards, which I personally believe can be unfair to people who’ve been wrongfully harmed,” he added, to scattered booing.

Obama’s tightrope walk captured some of the difficulties on both sides of the debate over tort reform, a long-standing debate that has gained new prominence amid the summer’s larger battle over health care reform. It’s almost universally agreed that the threat of lawsuits hangs over doctors and has led to more tests and costs, but wholesale reform of the tort system is viewed by many observers as too big — or too divisive — a step without enough of a payoff. Read the rest of this entry »

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Trial lawyers are the fourth branch of government

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By: Daniel J. Popeo
Special to The Examiner
August 20, 2009

Ten years ago, notorious trial lawyer Dickie Scruggs, apparently frustrated with elected officials’ inaction on health care, decided to take matters into his own hands, filing class-action lawsuits against HMOs.

Reporting on the suits, Time magazine asked Scruggs whether the plaintiffs’ bar was trying to run America. His response, accompanied by laughter, was, “Somebody’s got to do it.”

Today, even though Scruggs is in jail, his manifest-destiny vision of private lawyers making public policy has become a troubling reality. To borrow a phrase from author and legal commentator Walter Olsen, trial lawyers have become “an unelected fourth branch of government.”

Plaintiffs’ lawyers, cloaking themselves in the veil of “public interest,” have earned billions from class-action and other private suits aimed at imposing new taxes or regulations. But these lawyers have found that bringing the same types of suits on behalf of public entities, instead of private individuals, is a far more effective and lucrative way to advance their policy agendas. Read the rest of this entry »

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Alleged asbestos fraud scheme started years ago

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BY JUSTIN ANDERSON AND CHRIS DICKERSON - July 24, 2009

CHARLESTON - A Pittsburgh-based law firm and a West Virginia physician were part of an intricate web of deceit that led to big money for all, say their accusers in a civil fraud lawsuit.

The Robert Peirce and Associates firm and Bridgeport radiologist Dr. Ray Harron face allegations in federal court leveled by CSX Transportation that the two conspired to create false asbestos exposure diagnoses for CSX employees. Read the rest of this entry »

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College Grad Can’t Find Job, Wants $$$ Back

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By JENNIFER MILLMAN Updated 1:29 PM EDT, Mon, Aug 3, 2009

She went to college to boost her chances of finding a great job once she got out of school, but now that that hasn’t happened, Trina Thompson wants her money back.

phigraduationtnailThompson, a graduate of Monroe College, is suing her school for the $70,000 she spent on tuition because she hasn’t found solid employment since receiving her bachelor’s degree in April, according to a published report.

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Rewarding Frivolous Filings

$1.25 million to charity. $10,000 to serial plaintiff Lawrence Shipley. $650,000 to demanding lawyers. That’s the settlement proposed for a five-year-old Lakin Law Firm-spawned class action suit which is back in Madison County court this week for another swing at resolution.

That’s the deal for the plaintiff’s lawyers. The lawsuit filed against First Health Insurance Company on behalf of chiropractors who claim they were cheated out of due compensation won’t resolve anything for the public. Lakin & Co. didn’t convince anyone of anything beyond knowing how to drag out a case long enough to make the target willing to pay for it to go away.
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