A Bad Measure Rising

As you know, the forces of evil and darkness want to prevent the non-wealthy from accessing the courts or otherwise asserting our rights. The recently filed petition 51 is the latest attempt. It will screw us over by limiting the contingency fees of plaintiffs' attorneys to 25% of the first $25,000 recovered and 10% of additional recovery.

The purpose of Petition 51 is to make lawsuits against negligent or incompetent doctors, dangerous product manufacturers, or even drunk drivers financially impossible. That is bad public policy.

Dr. Evil, aka Loren Parks, has given $125,000 for the petition. In fact, he is the only contributor so far.

Thankfully, Oregon State Bar Association opposes Petition 51.

Links to the text of Petition 51: in html or pdf.

Texas needs more lawsuits!

At least the insurance industry think so.

Now, though, the insurance industry is wondering if its campaign worked too well—not because malpractice victims can't get justice (which they can't) but because tort reform is cutting into insurance company profits. Defense lawyer Gary Schumann told a group of insurance execs recently that tort reform had worked so well in Texas that judges were trying cases that might otherwise go to mediation just to stay busy. Not only that, but Texas nursing homes (among the worst in the nation) have become so unconcerned about getting sued that many have stopped buying private liability insurance.

Schumann said he was worried about the industry's future. "We want a little bit of litigation out there, don't we? We want a little bit of risk. We need risk or we're all out of business. … We'll see what happens but tort reform has worked. I just hope for all of our sakes it hasn't worked too well."