ThePopTort

Hypocrisy Alert: Resigning Sarah Palin Denounces Lawsuits as Her Attorney Threatens to Sue

As partisans and pundits frantically attempt to decipher why soon-to-be-former Governor Sarah Palin quit, we’ve decided to join the fray just long enough to issue the following hypocrisy alert.

According to Palin, the filing of so-called “frivolous lawsuits” against her was a driving force behind her decision to resign on July 3.  “It doesn’t cost the critics anything to file frivolous lawsuits,” Palin bemoaned, in what she dubbed “this land of litigation.” (Check out this video at about 2:37). 

But according to Palin (and her attorney) there’s nothing “frivolous” when it comes to suing major news organizations who, she claims, “defame” her.  In fact, she’s ready to sue, sue, sue! 

Well…as loyal readers of ThePopTort know well, we take special delight in calling out hypocrites who trash the civil justice system, just as long as their ability to file lawsuits remains in tact  (here, here, here), so if you’re like us, you’re probably eating a celebratory cookie about now.

Regardless…radio personality, blogger, and named target of Palin’s most recent lawsuit threat, Shannyn Moore (who was clearly listening), shot back at the outgoing governor: “Sarah Palin, if you have a problem with me, then sue me.”

Brace yourselves…this should be good.

CPSC to Get Great New Leadership, as the CPSIA Follies Play On…

Excellent news on the consumer advocacy front!  President Obama has finally gotten around to replacing Bush-appointee and industry chum, Nancy Nord as head of the Consumer Products Safety Commission (CPSC).  He is also seeking a 71 percent budget increase for the troubled agency and naming an additional commissioner.

Obama’s choice to replace Nord is Inez Moore Tenenbaum, the former elected State Superintendent of Education in South Carolina.  From what we can tell, this is a great choice and one consumer groups like Consumer Union, which publishes Consumer Reports, applaud.  And while we don’t know that much about her views on, let’s say, the CPSIA, we do know she once ran against Senator Jim DeMint, who not only was one of only three Senators who voted against this landmark consumer protection law, but is now trying to change it!

Another thing we know about her is that the meticulously mustachioed civil justice hypocrite John Stossel attacked her a couple of years ago on 20/20—which we consider something of a badge of honor and a very good sign, indeed!  As for the other new commissioner Obama is adding, it’s a wonderfully inspired pick—Robert S. Adler.  Bob is a longtime consumer advocate with a stellar resume that, among other things, used to advise both the CPSC and Congress on consumer issues, and was elected six times to the board of directors of Consumers Union.  Anyway, lots to be optimistic about…

Meanwhile, with respect to other CPSC news, the agency has granted a two-year CPSIA enforcement stay on youth model all-terrain vehicles (ATVs).  The groups opposing the CPSIA pushed hard for this, but are they happy?  Of course not!  They're still complaining, one of whom even called the move "Kafkaesque."  It's not the consumer groups but the CPSIA-haters who argue that the enforcement stay violates the law. Talk about Kafkaesque!  Memo to the Kafka crowd: the CPSC just did something that benefits you—you may want to button it before the agency decides to change its mind.

Also worth noting: the Specialty Vehicle Institute of America, the same ATV advocacy group that originally lobbied for CPSIA-style regulation, is calling the agency’s enforcement stay “laudable,” but still demanding to be liberated from it.   Here’s hoping the new CPSC leadership will put an end to this madness once and for all!

“Say Whaaaat?” Award to Forbes Magazine!

As loyal readers of ThePopTort know, we occasionally hand out a special award to those who express views that so defy human comprehension that all we can think of to say is, “Say Whaaaat?”  (here, here, here).   

Well, we have a new winner–Forbes Magazine!  Forbes, which normally slams trial lawyers at the slightest opportunity (here, here, here) recently published a column by one of its editors, William Baldwin, called “Needed: Tort Lawyers.”  This column touts the virtues of trial lawyers and litigation in keeping us safe from tainted food.  Even the American Bar Association was taken aback.  (And just in case you’re wondering, we’re pretty sure he’s not the same William Baldwin  who’s Alec’s brother, though he does seem to have an excellent head of hair).

Now, don’t ask us why Mr. Baldwin also suggests that there’s a difference between the value of tainted food cases and some others like, say, asbestos suits, which he gratuitously knocks.  In fact, maybe we won’t give him and Forbes our highest “Say Whaaaat?” honor, but instead, just a mini-award.  (And if they feel the need to pawn it to help pay for say, a crash course in the importance of asbestos litigation, we won’t be offended—really, we won’t.)

Hypocrisy, thy name is John Stossel

We told you last week about how injured war contractors are being forced to hire lawyers to get AIG and others to pay their legitimate health and disability claims.  We also mentioned that the story would be covered on ABC’s 20/20 last Friday. 

Well, imagine our surprise when John Stossel, poster-boy for the anti-civil justice crowd (that is, when he isn’t busy suing people himself), shamelessly introduced the segment—his voice dripping with righteous indignation at AIG execs who were “treated to the high life” while injured contractors were made to “suffer.”  (Thank goodness those suffering contractors have attorneys fighting for their rights, eh, John?)

Memo to Mr. Stossel: your excellent Magnum P.I. mustache does not disguise your speaking out of both sides of your mouth when it comes to civil justice.  In fact, here at ThePopTort we have a little word for that.  Wanna guess what it is?  It starts with an “H” and ends with “ypocrisy.”

In the News

Wyeth is the “wind” beneath the Medical Device Act’s “wings!”

On the other hand, the Peanut/Salmonella fiasco hasn’t delivered the faintest breeze under the FDA. 

Disturbing news about the EEOC—add it to the post-Bush clean-up list…  

We’ve said it before, but it’s worth repeating—the Supreme Court finally got it right with the Williams case—Bob Peck deserves his trip to Paris (as well as the Oregon lawyers and Ms. Williams, who fought the tobacco industry for 10 years)!

Baby formula—it isn’t rocket science…or is it?

Shareholder’s are taking their place in line in an effort to hold AIG accountable.

Speaking of AIG…What is the opposite of loyalty, remorse, and/or shame?  Check out Hank Greenberg’s recent performance in front of Congress.

Myth Tally from the CPSIA Rally

We alluded recently to an April Fool’s Day rally that was to take place in Washington, DC for those interested in expressing their views about the Consumer Products Safety Improvement Act (CPSIA).  While the event didn’t ultimately get that much press coverage, Consumer Reports did post an interesting (and disturbing) blog about it.  Here’s a sample:

Some who spoke at today’s rally, including Toy Industry Association President Carter Keithley, claimed that there are no health impacts from lead in toys.  Others who spoke suggested that adult clothing was covered by the law, which is not the case. The lead testing restrictions apply only to children’s products.  Further, some of the members of Congress who criticized the CPSIA voted in favor of the bill last summer….Folks with legitimate questions about the new law can and should certainly speak their minds, but it’s not okay when industry challenges the effects of lead on children’s health.  It is absurd and flies in the face of good science. The American Academy of Pediatrics has repeatedly said there is no safe level of lead.  That lead-tainted products crept their way back into the marketplace—even though lead paint was banned 30 years ago—is a clear indication that former laws and the agency that enforces them weren’t strong enough.  It’s also disappointing that organizations such as TIA and the National Association of Manufacturers (NAM), which formerly embraced the new law, are now calling for widespread changes.

Notably, the blog also reported that that the National Association of Manufacturers (NAM) now “agrees with consumer groups that the current leadership at the CPSC is responsible for the problems” regarding the landmark law’s implementation.

We're Finally Speechless Over AIG

Here’s our photo of the demonstration in New York yesterday (at Goldman Sachs) protesting Wall Street abuses.  Yes, ThePopTort happens to live just steps away from some of Wall Street’s biggest miscreants.  Go figure!

Oh, and one more thing.  Now AIG, the company that for the last 25 years complained about lawsuits brought by injured policyholders (driven by its own astounding greed), is now suing the federal governement, which just bailed them out for $200 billion. They’re claiming the government owes them $306 million in tax payments, “some related to deals that were conducted through offshore tax havens.”  I'd say the word "hypocrite" hardly does this situation justice anymore.  Can anyone think of a better word?

AIG: Ain’t Too Proud to Beg For $165 Million In Undeserved Bonuses

As regular readers of ThePopTort know, we were disgusted with AIG before being disgusted with AIG was cool.  And it wasn’t just its attacks on the civil justice system or attorneys for the injured, the rampant hypocrisy and fraud, or its repeated requests for taxpayer-funded bailout money  (a practice which began, incidentally, in the wake of 9/11 when they showed their patriotism by asking for another kind of government bailout).  It’s the whole kit and caboodle—or what President Obama referred to today in broad terms as AIG’s “recklessness and greed.”  (The same “recklessness and greed,” we might add, that justified their 30-year push for laws to weaken injured victims’ legal rights, so-called “tort reform.”)

To that end, Obama says he plans to do everything in his power to stop AIG from paying out hundreds of millions of dollars in bonuses.  “All across the country, there are people who work hard and meet their responsibilities every day, without the benefit of government bailouts or multimillion-dollar bonuses,” said President Obama, calling the issue one of “fundamental values.” “Under these circumstances, it’s hard to understand how derivative traders at A.I.G. warranted any bonuses at all, much less $165 million in extra pay,” said Obama.

New York AG Andrew Cuomo is also getting in on the act, demanding information about employees set to receive a mammoth chunk of taxpayer bailout money under the threat of subpoena.   He is also demanding the contracts guaranteeing the bonuses and the names of individuals who developed and negotiated the agreements, in an effort to determine whether the payments would constitute “fraudulent conveyances” under New York State law.

“Taxpayers of this country are now supporting A.I.G., and they deserve at the very least to know how their money is being spent,” said Cuomo. “And we owe it to the taxpayers to take every possible action to stop unwarranted bonus payments to those who caused the AIG meltdown in the first place. ”  Amen!

Hypocrisy Never Tasted So Good! Hank Greenberg Sues AIG!

It seems like only yesterday that our old pal, disgraced AIG CEO Hank Greenberg was referring to attorneys for injured people as “terrorists.”   (And see here for some other fun facts.)

What a difference five years (and the loss of a couple billion dollars) can make.  Yesterday, Greenberg hired a lawyer and went scurrying to federal court to sue his old company, claiming AIG had made “material representations and omissions” and otherwise ruined his fortune by lying about its financial health.

Adding to the deliciousness of Greenberg’s hypocrisy—the fraud that brought him down in 2005 was related to “orchestrating an accounting scheme that made AIG’s financial picture appear brighter than it was, misleading both investors and regulators.” Sounds oddly familiar to Greenberg’s current allegations against his old company….Me thinks Hank Greenberg knows the taste of hypocrisy—and it tastes like “chickens” coming home to roost!

Doctors Seeing the Light? Nah.

It is wildly ironic and entertaining who’s been running to the courthouse to file lawsuits lately.  For example, we had to chuckle at this item, about a Nevada pediatrician who is suing an insurance provider, claiming it cheated “thousands” of doctors out of “tens of millions of dollars” by failing to pay claims and forcing them into “one-sided contracts.”

It seems like only yesterday that Nevada doctors were screaming about lawsuits and attorneys, bullying the state into severely capping damages for injured patients, and then being called to task by both the state medical board and Government Accountability Office for fabricating the basis for the entire “crisis” that led to these brutal laws.

Even juicier, a coalition of emergency doctors from California is suing the state for “$100 million of unpaid services” from the California’s public health insurance program, Medi-Cal.  Meanwhile, the California Medical Association has blocked all efforts to lessen the cruel impact of that state’s 38-year-old Draconian cap on compensation for patients injured by malpracticing doctors.  Ironically, CMA has long admitted that doctors are fleeing California, with its “gold standard” cap, because of its low reimbursement rates, a problem that clearly does dictate where physicians practice, unlike a state’s tort system.  

Are these lawsuits important?  Of course.  Are we surprised who’s suing?  No - isn’t it just like them?