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Monday, August 10, 2009

Kill All The Lawyers

As I mentioned last night, one of the best ways to start on the road to health care reform would be tort reform. I also said with Democrats in power it won't happen. Point in case was made on the editorial pages of the Wall Street Journal today.

It seems Arlen Specter, the newly minted Democrat from Pennsylvania, is trying to gin up more business for trial lawyers, and even a big tax deduction for them.

First, he's trying to get a law passed to provided a legal means to sue a company that really does nothing wrong. The Supreme Court ruled a few years ago that secondary actors in fraud schemes couldn't be sued if you couldn't prove they were actual parties to the fraud.

It stemmed from Charter Communications cooking it's books on what it paid for Scientific Atlanta and Motorola cable set top boxes. The court said the two companies, who kept legal books couldn't be sued for selling to someone who committed fraud they weren't aware of.

To most people that makes sense. How can someone be liable for something they didn't know was going on? To the trial lobby it's a horrible injustice. How can they reap huge rewards for consumers (and 33% commissions) if they can't sue the unknowing co-conspirators?

His other wet sloppy kiss to the trial lawyers is getting them a tax deduction for the money and time spent on such contingency cases, before they ever get tried!

It's no wonder Specter is trying to gain (more) favor with the trial lawyers. He needs their money for next years primary election. He was never liberal enough to get elected as a democrat, and had lost so much conservative credibility he had to leave the GOP. Now he figures he'll try and get re-elected the old fashioned way, he'll buy the election since he has no principles to stand on.

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