MySpace.com Lawsuit

SFgate.com has a story on the MySpace.com lawsuit. Per the story, a MySpace.com web page was created, which resulted in a 14-year-old girl meeting a 19-year-old man and the two eventually had "consensual" sex -- except, since the girl is under 17 she can't legally consent to sex in Texas.

On a side note, here's a cool graphic from Wikipedia showing international "Age of Consent" laws.

Personally, I'd tell the attorney handling the case, Carl Barry, that his case against MySpace is weak at best and that his press release makes it appear like he's just trying to generate PR. I'll add too that the case for that appears strong given that the lawyer demanded $30,000,000.00 when filing the lawsuit.

Myspace doesn't control who surfs the web and has incredibly limited control over who creates web content. Parents, however, control their home computers and their kids' use of those computers and if these events took place through use of a home computer, then her parents are responsible and myspace is not . If this case were here in Wisconsin, it's highly doubtful any Wisconsin jury would find My Space at fault.

Wisconsin Personal Injury Attorney

Business & Finance Gurus

Though I'm a Wisconsin personal injury lawyer, I recognize the overwhelming importance of solid business and finance advice for everyone. From those starting a business, including law firms, to those just investing through their employers 401k. Business and finance gurus are a dime a dozen. You can find them anywhere. Thus, I'd like to recommend to you the following business and finance gurus who are my favorites (in alphabetical order):

John Bogle - Investor
Warren Buffett - Investor
Robert Kiyosaki - Author
Jeremy Siegel - Economist
Ben Stein - Economist
Andrew Tobias - Author

Wisconsin Personal Injury Lawyer

Statements to Insurance Companies

My friends at Maryland injury lawyer blog have a solid article on statements to insurance companies. Absent extraordinary circumstances, no insurance company gets a statement from my clients. Why? Because there is generally never any upside to giving one and there is a lot of downside. Thus, my advice is to never ever give any insurance company a written or tape-recorded statement.

You know what insurance companies want.

Wisconsin Personal Injury Lawyer

Medical Malpractice Study

Wisconsin medical malpractice victims lost out when Gov. Jim Doyle signed the new $750,000 cap on medical malpractice damages. And a new study, “Malpractice Premiums And Physicians’ Income: Perceptions Of A Crisis Conflict With Empirical Evidence,” published in Health Affairs finds as follows according to the Center for Justice & Democracy:

"~ From 1970-2000, premiums increased only slightly. In 2000, premiums were lower than in 1986. From 1986-2000, there was a sizable decline in premiums while other expenses surged.

~ The decrease in premiums as a percentage of total expenses between 1986 and 2000 was attributable to a decline in premiums combined with increased spending for other practice expenses.

~ 'For the specialties, premiums also decreased as a percentage of total expenses from 1986 to 2000—most notably for OB/GYN, for which premiums declined from 20 percent to 13 percent. OB/GYN premiums decreased $487 per year, while total practice expenses increased $5,305 per year.'

~ 'National trends were reflected in the nine regions with slight variations… In no region were premiums as a percentage of total expenses more than three percentage points higher than the national mean during any year.'

~ 'Although premiums rose from 1996 to 2000, practice revenue declined nationally and for specialties (except for OB/GYN). It was revenue decline and increases in nonpremium expenses, not premium increases, that account for the overwhelming share of falling income. For OB/ GYN, revenue increased slightly, but income declined because of large increases in practice expenses. However, increases in premiums were less than one-twentieth the size of increases.'

~The average physician income in 2003 was still between the ninety-fifth and ninety-ninth percentiles for all Americans."

Wisconsin Medical Malpractice Attorney

Allstate exposed

Readers know what insurance companies want, as if insurers' Katrina issues weren't enough, and now comes a new book exposing more of the truth I tell, but this time it's all about Allstate.

Allstate looks even worse than I had thought, which is saying a lot, based on the current issue of Businessweek's In Tough Hands At Allstate. The article discusses the new book From Good Hands to Boxing Gloves and describes how Allstate has fought to censure the book's publication and has blantantly violated court orders in doing so. Certainly, the article is an interesting read for those wanting to learn about how insurance companies handle personal injury claims.

It's interesting too that Allstate's Claims Manual has expressly stated that those represented by personal injury lawyers settle claims for 2.5-3.5 times more than those who do not have personal injury attorneys.

Wisconsin Personal Injury Attorney

Lawyers Attacked by a Christian Group?

Study the Christian Coalition of Alabama and Center for a Just Society websites and you will see common ground. CCA's mission states: "We believe that people of faith have a right and a responsibility to be involved in the world around them. That involvement includes social, community and political action." CJS's begins "Our mission is to advance and defend Judeo-Christian principles of human dignity and social justice in law, policy and the public square. "

So what is CCA doing running misguided anti-trial lawyer ads that fly in the face of justice? Read CJS's article. The quote I like states: "Stereotyping all trial lawyers as the puppet masters of the liberal agenda in order to raise funds while simultaneously depending on trial lawyers to overturn Roe v. Wade and protect religious freedom smacks of sheer demagoguery."

Wisconsin Personal Injury Lawyer

Wisconsin Uninsured/Underinsured Umbrella

In my Wisconsin car insurance post I was not adamant enough in stating that you need to have an endorsement specially added to your Umbrella policy that makes the umbrella cover Uninsured and Underinsured motorists.

Wisconsin Personal Injury Attorney

Wisconsin Car Insurance Advice

In addition to giving the advice I just posted on, I also make strong recommendations on car insurance in Wisconsin.

Put briefly, most people must have at least:
$250,000 in Uninsured Motorist Coverage (“UM”);
$250,000 in Underinsured Motorist Coverage (“UIM”); and
$250,000 in Liability Coverage.

Wisconsin insurance companies also offer “umbrella” insurance and I HIGHLY recommend to those considering themselves to be UPPER MIDDLE CLASS folks:
$1,000,000 in Umbrella coverage WITH an INSURANCE RIDER for -
$1,000,000 in Uninsured & Underinsured coverage.

The $1,000,000 in UM/UIM COVERAGE is key to protect you and your family.

Wisconsin Personal Injury Lawyer

Personal Injury Settlements & Verdicts

Personal injury settlements and verdicts are all our justice system has to give victims of wrongful death, malpractice, mesothelioma, etc. and when victims receive what can be a significant sum of money, it's too easy to spend it. Sadly, I recently learned of a person who received more than million-dollars and spent it in less than 2 years! This recent article has good advice for such individuals as does this Andrew Tobias book, which is one of my all-time favorites.

Today, I really like Vanguard for individuals and its Vanguard Target Retirement Funds. I invest in the latter and recommend these to friends and family, young and old. Fees are incredibly low and the funds are simple but diverse and can be aggressive or conservative depending on your age. Once you buy one, you never ever have to move the money as the funds adapt to your age using the same type of asset allocation and diversification strategies used by the best trust companies and money managers.

Wisconsin Personal Injury Attorney

Fatal Wisconsin Car Accidents & Teenagers

Wisconsin car accidents often involve injuries and wrongful death and too often the latter takes place when a Wisconsin teenage driver is involved. Nationally, fatal car accidents are the leading cause of death for teenagers. These car crashes sometimes involve alcohol, but there is a lot more to safe teen driving than avoiding alcohol. Check out these teen driving safety tips to learn more and prevent your child from becoming another teen car accident statistic in Wisconsin.

Wisconsin Personal Injury Lawyer

www.frankpasternak.com

Fyi, for those hunting for my firm's web site at www.frankpasternak.com, it's down temporarily. Please call me at 414-257-4100 if you have any inquiries. BTW, I'm working on my Wisconsin Personal Injury Lawyer
Google Page too. Who knows?

Medical Malpractice Caps now Law

Eye on Wisconsin has a great post disagreeing with Governor Doyle's signing into law the new Wisconsin medical malpractice caps written by Republican legislators.

I wonder if the Republican Party of Wisconsin will issue a second press release now?? Here's The Price of a Veto press release it put out after the Governor vetoed a prior bill.

Wisconsin health care costs are out-of control and it has the lowest medical malpractice insurance premiums in the country. Here's the Wisconsin Medical Society talking up our low malpractice rates and the Wisconsin Legislative Reference Bureau.

Caps only punish victims of a doctor or hospital's medical malpractice.

Wisconsin Medical Malpractice Lawyer

Insurance company bad faith post-Katrina

Insurance companies showed their true colors right after Hurricane Katrina, which is why we saw lots of touchy feely insurance company ads and even tort reformer Sen. Trent Lott sued State Farm.

Looks like a Missippippi trial lawyer has the goods on at least one of the insurance companies involved thanks to an insurance company whistleblower. Imagine this, that insurance company pressured engineers to change their conclusions about what caused the damage so that policyholders' claims could be denied.

Just as a reminder, Insurance companies want:
~ Premiums not claims
~ To deter valid lawsuits
~ People to hate lawyers so they never get one
~ You to feel guilt for making legitimate claims
~ You to think you're "not the kind of person who files a lawsuit"
~ Juries to think a person who files a suit is dishonest
~ Jurors minds made up before evidence is heard
~ Your rights minimized or removed
~ Their rights maximized and preserved
~ People to feel juries give away money
~ Verdicts for damages to be less then what is fair
~ Caps on damages to minimize your justice
~ Judges who will avoid holding them accountable

Wisconsin Personal Injury Attorney

Personal Injury Lawyers Accident Letters

I like this! The Association of Trial Lawyers of America - New Jersey, an association made up primarily of personal injury attorneys, has asked the state's Supreme Court to ban lawyers from directly soliciting car accident injury victims with mail campaigns sent in response to police accident reports.

Wisconsin personal injury lawyers advertise this way presently, at least some do. If you have been in a Wisconsin car accident, you surely know this. Though this form of lawyer advertising is ethical, it seems to fit an ambulance chasing stereotype.

Wisconsin Personal Injury Lawyer

How much is the lifetime use of a right arm worth?

Malpractice caps only harm victims. It's another great article from a Wisconsin newspaper, this time the Wausau Daily Herald, encouraging Gov. Doyle to veto the newest medical malpractice cap in Wisconsin.

Wisconsin Personal Injury Attorney

Veto the new Wisconsin Medical Malpractice Cap

The Capital Times has an excellent editorial on why Governor Doyle should veto the medical malpractice caps passed recently by our legislature in Wisconsin.

By the way, I promise all politicians, Wisconsin Republicans and Wisconsin Democrats, that they will not receive as much as a dime from me if they voted or vote for any damage caps and this includes Governor Doyle.

Wisconsin Personal Injury Lawyer

$750,000 Medical Malpractice Cap Passed

Wisconsin medical malpractice victims lost out yesterday when Wisconsin's Senate passed a $750,000 cap on damages. Don't even think that it will lower health care costs. That's just a pitiful joke. No, it just takes away from those most severely injured with permanent and catastrophic disabilities.

Wisconsin Medical Malpractice Attorney

Wisconsin Wal-Mart Class Action Decision

Wisconsin's Court of Appeals recently dealt a blow to class actions in a decision involving Wal-Mart and its alleged failure to pay employees appropriately. The Circuit Court case filed in 2001 put Chicago-based Miner, Barnhill & Galland and Milwaukee-based Murphy & Prachthauser against the mammoth corporate law firm of Foley & Lardner. It seems corporations, e.g. Wisconsin Manufacturers and Commerce, won this battle with employees losing out. However, I expect this to be heard by the Wisconsin Supreme Court.

Wisconsin Personal Injury Lawyer

P.S. For that corporate lawyer in your life, here's the perfect gift.

American Family Insurance Claim Story

American Family Insurance is the largest Wisconsin car insurance company and its raking in profits and premiums, wrongful denial of insurance claims, and role in tort reform have been discussed here. Now there's this interesting American Family insurance claim story from Denver.

Wisconsin Car Accident Lawyer

Attorney Self-Help Center

Attorneys take different approaches to their web sites with some doing much better than others. One novel approach from the Maryland personal injury firm of Miller & Zois is its Attorney Help Center. There they share sample of motions, discovery, pleadings, etc. relating to the litigation of personal injury cases.

Wisconsin Personal Injury Attorney

Milwaukee Journal Sentinel Asbestos Article

Today, I was quoted in the Milwaukee Journal Sentinel article by Rick Barrett entitled Senate to debate asbestos fund. Mesothelioma in Wisconsin, whether it's suffered by Navy veterans who had asbestos exposure or others suffering wrongful death, is not something taxpayers should be responsible for. Whether it's asbestosis or another asbestos injury in Wisconsin, those corporations that are responsible should be held accountable in a court of law. An asbestos bailout is wrong.

Wisconsin Asbestos Lawyer

Asbestos Bailout Bill

Mesothelioma and asbestos related diseases have killed hundreds of thousands, including many men who served in our armed forces, e.g. Navy Veterans. The deaths were caused because corporations knowingly poisoned individuals with asbestos fraudulently hiding for more than 30 years the dangers of asbestos.

Now, just a year after President Bush's Solicitior General criminally indicted W.R. Grace and 7 of its executives for knowingly exposing workers and residents of Libby, Montana to asbestos, Senator Bill Frist (the heart surgeon known for trying to protect doctors at your expense) is pushing a corporate asbestos bail out that would give W.R Grace $2.8 BILLION.

According to the National Taxpayers Union, this corporate asbestos bailout would cost taxpayers a minimum of $45 BILLION.

Not only that, but as a result of such an asbestos bailout bill, many mesothelioma victims will have NO RIGHTS to recover including:
~ those exposed to asbestos in a neighborhood, home or school,
~ victims exposed in the World Trade Center collapse of September 11th,
~ those exposed in Hurricane Katrina, and
~ Veterans whose service does not meet narrow criteria.

Today, I discussed this issue with Reporter Rick Barrett of the Milwaukee Journal Sentinel and I'll post more on that later. For now, however, I urge you to contact these Senators and tell them to vote against S.B. 852:
Tom Carper Delaware
Saxby Chambliss Georgia
John Cornyn Texas
Chris Dodd Connecticut
Mike DeWine Ohio
Elizabeth Dole North Carolina
Bill Frist Tennessee
Dianne Feinstein California
Ted Kennedy Massachusetts
Herb Kohl Wisconsin
Pat Leahy Vermont
Bill Nelson Florida
Ben Nelson Nebraska
Harry Reid Nevada
Paul Sarbanes Maryland
Arlen Specter Pennsylvania
Debbie Stabenow Michigan

Wisconsin Mesotheliom Lawyer

Wisconsin Personal Injury Tort Reform - part 2

Wisconsin personal injury lawsuits, as I indicated in part 1, are small in number as Wisconsin is not litigious. Personal injury cases are just an issue used by politicians to get contributions from the likes of Wisconsin Manufacturers and Commerce and American Family Insurance.

The truth is far more revealing than the politicians. Here's the Wisconsin's Director of State Courts' report. In Wisconsin, 31 Counties had ZERO product liability cases filed and 26 Counties had ZERO medical malpractice cases filed in 2004. Further, each Wisconsin county on average had about only five jury trials in any personal injury case (note this includes every type of personal injury, e.g. Wisconsin car accidents, mesothelioma cases, medical malpractice, etc.).

Hopefully now you understand why I gag every time I hear a pundit or politician refer to a "litigation explosion" in Wisconsin.

Wisconsin Personal Injury Lawyer

Catholic Knights Lawyer

Catholic Knights is a Milwaukee, Wisconsin not-for-profit organization that serves its members, sells some insurance products, and does a lot of good for people throughout the Milwaukee area. As a result of my Board position in the St. Thomas More Society of Wisconsin, I've learned that Catholic Knights is seeking a lawyer to take over as in-House Counsel. If you're interested contact careers at Catholic Knights.

Wisconsin Personal Injury Lawyer

Wisconsin Personal Injury Tort Reform

Wisconsin personal injury verdicts are lower than most states. Wisconsin juries are made up of conservative individuals who find for doctors and corporations more often than other juries. Thus, when I heard WTMJ's Jeff Wagner refer to a "litigation explosion" in Wisconsin today, I nearly choked on my Subway. It's rubbish.

Whether it's Wisconsin Manufacturers and Commerce, American Family Insurance, or similar groups, these people cry "wolf" too often. Unfortunately, talk radio hosts and politicians like Mark Green and Scott Walker, though they may have the right idea on many issues, only propagate the myth perpetuated for decades. It's more of this how to demonize personal injury lawyers garbage.

Wisconsin is not litigious. Wisconsin jury verdicts are low. And, most Wisconsinites I help with a Wisconsin car accident or other personal injury first tell me, what I think I also heard from WISN's Bob Dolan, "I'm not the kind of person that files a lawsuit, but...."

And from there you can fill in the blank with, for example:
- the insurance adjuster claims I'm at fault,
- they're not being fair,
- I'm missing work,
- I'm permanently disabled, or whatever else.

Bottom line, Wisconsin's personal injury tort system works and doesn't produce outrageous results and this is true because all most people in Wisconsin want is what's fair, no more and no less.

Wisconsin Personal Injury Attorney

Wisconsin Court Records, Sex Offenders & Corporations

Wisconsin court records are put online by the circuit courts for most (not all) criminal, civil and other cases. It's on the Consolidated Court Automation Programs web site (CCAP).

Wisconsin's registered Sex Offenders may be found at the Wisconsin Sex Offender Registry. There's also a National Sex Offender Public Registry.

Corporations in Wisconsin, LLCs and other business records are often able to be found at the Wisconsin Department of Financial Institution's Wisconsin Corporation Records.

Wisconsin Personal Injury Lawyer

Asbestos trial for will not be moved

Libby, Montana was a A town left to die by W.R. Grace. I've been interviewed on this Asbestos story by NBC News as a Wisconsin asbestos attorney and mesothelioma lawyer in Wisconsin handling mesothelioma cases. Though W.R. Grace executives attempted to escape justice in an asbestos trial in Montana by asking to move their trial, a judge recently denied their request.

Wisconsin Personal Injury Attorney

Wisconsin law shames delinquent taxpayers on web

Wisconsin law requires shaming delinquent taxpayers on the web, which is done through the Wisconsin Delinquent Taxpayers list. Per state law, delinquent taxpayers are put there if they owe more than $25,000 and the amount is unpaid more than 90 days after all appeal rights have expired. In fact, the Department of Revenue warned these folks with letters about two months ago so peruse it and then tell your friends they can be removed from the list if they enter into a repayment agreement, file a petition to compromise or file for bankruptcy.

Wisconsin Personal Injury Lawyer

Lott vs. State Farm

Perhaps a some readers don't see the hypocrisy referred to in my last post. If that's the case, think about the good Senator's State Farm lawsuit and then check out his tort reform quotes at Sirotablog.

Wisconsin Personal Injury Lawyer

State Farm Insurance sued by Senator Lott

State Farm Insurance is being sued by Senator Trent Lott. Back on Sept. 16th, I referenced how insurance companies were showing their true colors in the wake of Katrina. Does anyone else see the irony here? Another Senator, who claims to want to deter lawsuits and votes for "tort reform," brings his own lawsuit. It's like the hypocrisy of Senator Rick Santorum. And the hypocrisy of doctors bringing class actions against health insurers. They all claim to want tort reform and claim to think lawsuits should be deterred, but when it comes to their rights, don't stand in their way.

Wisconsin Personal Injury Attorney

Chamber of Commerce buys results in Illinois

Lawyers and civil justice take a beating from propaganda put out by the Chamber of Commerce, insurers and huge businesses. They advertise atypical verdicts, e.g. McDonald's case, and play down cases where Courts rule in their favor. They also want you to think trial lawyers control the system, but they really do. Cases in point:

2004: Chamber & Co. dump MILLIONS into the campaign for Illinois Supreme Court. Its candidate, Lloyd Karmeier wins, and the Chamber touts victory.

2005: Chamber & Co.'s investments pay off! Today, in the "Lights" case, Karmeier gets Philip Morris off the hook of a $10.1B judge's verdict (note: not a jury). Earlier this year, Karmeier helped out friends at State Farm getting State Farm off the hook of $1B.

Wisconsin Personal Injury Lawyer

Governor Doyle Vetoes Medical Malpractice Bill

Governor Doyle's press release on the medical malpractice veto lays his rationale out. Moreover, I would add to the following facts:
- In each of the last 2 years, patients only won 4 jury verdicts against Wisconsin doctors in ANY MALPRACTICE CASE!
- In 10 years, Wisconsin juries awarded more than the cap in only 9 cases.
- The Injured Patients & Families Compensation Fund that pays malpractice claims GREW from $336 million in 1995 to $741 million in 2004.
- From 1995-2005, Wisconsin doctors saw medical malpractice premiums reduced 71%.
- Despite the plunge in malpractice costs (the lowest in the U.S.), Wisconsin has some of the highest healthcare costs and the 2nd highest health insurance premiums in the U.S

Thus, contrary to the Wisconsin Manufacturers & Commerce propaganda, the evidence shows the real reasons why Wisconsin health care costs are out of control.

You don't need to believe politicians, talk radio hosts, or special interests, just check the facts for yourself and you will see that medical malpractice has nothing to do with Wisconsin's health care costs. Therefore, there is no just reason to punish a minute number of patients victimized by negligent Wisconsin doctors.

Wisconsin Personal Injury Attorney

O.J. Simpson For Tort Reform

Wisconsin Manufacturers & Commerce and asbestos makers will be happy to know that they have something in common with O.J. Simpson.

O.J. Simpson wants tort reform too.

O.J. Simpson, like Wisconsin Manufacturers & Commerce and asbestos makers, doesn't think he should be subject to a valid civil lawsuit. They don't like it when personal injury lawyers hold them responsible for their conduct. They don't want their victims to get justice. They want their legal rights maximized and preserved, but not their victims. And they want their wrongdoings to go unchecked. That's tort reform. Perhaps O.J. will start doing some of the WMAC ads.

Wisconsin Personal Injury Lawyer

Wisconsin Manufacturers & Commerce goes too far

Wisconsin Manufacturers & Commerce goes too far in its recent propaganda campaign attacking trial lawyers. The Wisconsin Manufacturers & Commerce ad uses a photo of portly 60-year-old man cowboy with smerking yellow teeth, a lit cigar and dark sunglasses standing in front of an oil tank and labeling him "Billy Bob Jones, Esq." In the ad, Billy Bob says he's "up on his way to Wisconsin and fixin' to make a killin'."

As ridiculous as it is, this is what WMAC wants you to believe. Why are all their ads about personal injury lawyers? Because Wisconsin personal injury lawyers are much easier targets than those we help in Wisconsin.

Recall the "how to" on demonizing personal injury lawyers and recognize that WMAC is working off the Frank Luntz, Chamber of Commerce, National Association of Manufacturers' playbook. They hate personal injury lawyers because we make them pay you when you need justice. Per the handbook, they want you to:
~ Think "creeps, bottom--feeders, overpaid, and evil" when you hear "personal injury lawyers,"
~ Not think personal injury lawyers help "Individuals who have been wrongly injured [to get] their day in court," and
~ Not recognize that personal injury attorneys help individuals get "justice and fairness."

Personally, I think the Wisconsin B.S. meter is high enough to see through WMAC's.

Wisconsin Personal Injury Attorney

Senator Rick Santorum exposed by ABC News

Senator Rick Santorum's hypocrisy on medical malpractice and tort reform was discussed here. But I was happy to see recently that ABC News' Primetime also exposed Santorum.

Wisconsin Personal Injury Lawyer

American Family Insurance wrongly denied claim

American Family Insurance has been raking in the profits, but a recent bad faith lawsuit against American Family shows how accepting customers' premiums but not their claims can get a car insurer in trouble after a car accident.

American Family now has a $3,000,000 bad faith verdict against it after a jury found in favor of a University professor who's car insurance claim for 85% of his lost wages was denied. The man was involved in a car accident and sustained a brain injury and severely injured arm. Evidence showed American Family was pressuring claims adjusters working on car accidents to reduce personal injury payments. Evidence also showed that American Family was trying to reduce car accident payments by 28%. The jury found that American Family willfully and wantonly denied the professor's claim for the car accident.

Wisconsin Personal Injury Attorney

Conservatives against "Tort Reform"

Here's more great stuff on medical malpractice from the Center for a Just Society. Ken Connor, it's founder, is former president of the Family Research Council and attorney for Florida Governor Jeb Bush in the Terri Schiavo case.

Wisconsin Personal Injury Lawyer

Insurance Companies & HMOs

This ad from People Over Profits pretty much sums it up.

Wisconsin Personal Injury Attorney

People Over Profits

People Over Profits is a grassroots group fighting against bogus ads like those from the Sick of Lawsuits outfit and those in Wisconsin we hear from Wisconsin Manufacturers & Commerce. In fact, the Wisconsin Manufacturers & Commerce ad attacking personal injury lawyers is aired often on WISN, the station airing Bob Dolan's recommendation of me.

People Over Profits aims to protect civil justice and the right to trial by jury. It wants to make sure that when you or a family member are injured or killed by negligent conduct or defective products, you can hold the wrongdoer accountable. Corporate interests are trying to buy politicians and use them to take away the rights of regular Americans like you, but we must put People Over Profits.

I hope it works, but unfortunately my experience reveals that most people don't care what their rights are until they need to exercise them. It's only then that they get angry about a $350,000 cap on wrongful death damages or a wrongdoer having been given legal immunity.

Wisconsin Personal Injury Lawyer

Samuel Alito is the Nominee

Here's the Samuel Alito wiki and a thorough blog piece. Judge Alito's key opinions argued a city should be able to display a nativity, menorah, Santa Claus, and a banner favoring diversity; a woman asking for asylum could show she had a well founded fear of persecution in Iran; a school district needs to protect a student from bullying by other students; a state law could require married women to give husbands notice of (not "consent for") an abortion; and a university may suspend a campus cop without pay and a hearing upon learning of arrest for drug crimes.

Wisconsin Personal Injury Attorney

Diane Sykes - If she's the nominee, she's in

Diane Sykes may be the next nominee to the U.S. Supreme Court, and if she is, I think she's in.

Wisconsin Lawyer profiled Sykes in June 2000. Sykes is a nominee similar to Chief Justice John Roberts. She is a 2004 appointee to the Court of Appeals (Roberts was 2003) , young at 47 (Roberts is 50), involved in the Federalist Society, Catholic, has a corporate law background and extensive judicial experience, and is sharp as a tack. Based on this, I have no doubt as to her appointment if nominated.

Sykes, however, will be objected to by some, see the National Council of Jewish Women's statement and Feminists'. The Alliance for Justice stated:

Diane Sykes has not demonstrated during her years on the bench that she can put her personal views aside and rule fairly and independently on cases involving reproductive freedom, lawsuits by individuals against corporations or insurers, or issues involving the rights of the accused.

Wisconsin Democrats Senator Russ Feingold and Senator Herb Kohl, however, are limited in their ability to oppose Sykes since they supported her Court of Appeals nomination, see Sen. Leahy's 2/04 statement.

Wisconsin Personal Injury Lawyer

Sick of Lawsuits

Sick of lawsuits is an outfit using advertising to attack injured persons and the lawyers seeking them justice. Sick of Lawsuits ads are the antithesis of the touchy feely insurance company ads previously noted here, but like those insurers trying to weasel out of covering hurricane victims, Sick of Lawsuits has similar goals:
~ Deter you from seeking justice
~ Make you think there's a constant fight against bogus lawsuits
~ Create a society that hates lawyers
~ Have people feel guilty for making legitimate claims
~ Contaminate juries with people who presume a person filing a lawsuit is dishonest, etc.

The truth however is shown in recent reports, including one from the Bush Administration's Department of Justice, that show:
~ Federal tort trials have steadily declined 80% since 1985
~ Civil trials in state courts dropped by 47% between 1992 and 2001
~ Personal injury cases decreased 31.8% during the same period
~ Inflation-adjusted compensation in all tort cases dropped 56.3% between 1992 and 2001
~ Medical malpractice payments nationwide have fallen 4% per year since 2001

Wisconsin Personal Injury Lawyer

Legal Ethics Issue for Attorney David Boies?

Attorney Boies, a lawyer hired by some on the darker side of corporate America, may face legal ethics issues. Yesterday's Wall Street Journal has an article entitled Boies Office Sent Clients To 3rd Firm With Family Ties. The article says Boies and lawyers at his law firm sent clients to an expert witness co. four of his kids owned 1/3 of. The sticky situation involves the lawyer, his kids, some are attorneys, clients of the lawyers, and millions in attorneys and experts fees. It may soon involve the New York office regulating lawyers and perhaps Attorney General Eliot Spitzer, a legal hero of mine, who's fought corruption including that in insurance.

Wisconsin Personal Injury Attorney

Wisconsin Manufacturers & Commerce

Wisconsin Manufacturers & Commerce claims to represent Wisconsin businesses, but recently it's engaged in scare tactics similar to those Sykes wrote about with respect to health care costs and medical malpractice. WMC's Capital report is replete with propaganda out of the handbook on how to demonize trial lawyers.

Wisconsin businesses that want to reduce health care costs should first look at Wisconsin Manufacturers & Commerce and remove from WMC's Board of Directors: Reed E. Hall, Executive Director Marshfield Clinic, Marshfield; Kevin R. Hayden, President & CAO Dean Health Systems, Inc., Madison; Larry Rambo, CEO, Wisconsin & Michigan Markets Humana, Inc., Waukesha; and John Toussaint, M.D., President & CEO ThedaCare, Inc., Appleton.

As documented numerous times here, these companies are why Wisconsin health care costs are out of control. High health care costs have nothing to do with malpractice insurance as Wisconsin has the lowest premiums in the U.S., but Marshield Clinic, Dean Health Systems, Humana, and ThedaCare want you to lose sight of their self-interest and blame someone else, e.g. lawyers.

Some in the Wisconsin business community see WMC does not fairly represent Wisconsin business. As proof, I offer part of a letter written to a Wisconsin lawyer from the President of the Steven's Point Association of Downtown Businesses:

"Thanks for your letter and concerns about the WMC’s ad campaign responding to the recent Wisconsin Supreme Court decisions. Our Association of Downtown Businesses does not have any ties to the WMC. Interestingly, Worzalla Publishing (his employer) has severed ties with the WMC because of their disregard for small businesses, their limited and arrogant political scope, and the big business club that they have established. I don’t know that our association would have much clout if we contacted them, especially since they’ve had deaf ears on issues that have been addressed by our President and CEO Chuck Nason. You definitely can use this letter to show the dissatisfaction that I have personally experienced...."

Wisconsin Personal Injury Lawyer

FELA Trial & Justice

The FELA trial settled in the Judge's Chambers minutes before picking a jury. The settlement amount is confidential because the railroad doesn't want other employees of the defendant Wisconsin railroad to file FELA cases. The outcome proves my opinion though that 99% of the time you must have a personal injury lawyer handling your personal injury case to get justice. Do-it-yourselfers don't get you justice. General practicioners don't get you justice. And insurance adjusters will never give you justice. What gets you justice? A lawyer who focuses on the area of law you require, knows the applicable damages, subrogation, and insurance law, and is ready and willing to take your case to trial.

Wisconsin Personal Injury Attorney

Wisconsin Railroad Employee (FELA) Injury Case

Wisconsin railroad employee injuries are governed by a federal law known as FELA. Tomorrow, I start a trial in such personal injury case here in Wisconsin. I will provide an update on this railroad employee's FELA trial afterwards.

Wisconsin Personal Injury Lawyer

Insurer Sues Notorious Ex-CEO

Insurance executive and Ex-AIG CEO Maurice "Hank" Greenberg is notorious and has been discussed here many times. Hank's an insurance guy who wants ridiculous sums of money at about any cost. He's a vocal proponent of exchanging your rights for insurer profits ("tort reform"), accused of corrupt business practices, called lawyers terrorists, sued is own son, and worth about $4,400,000,000.00 (FOUR BILLION FOUR HUNDRED MILLION DOLLARS).

Insurer AIG has apparently realized that Hank's profit motive extends to taking what it claims is its. A story in Friday's Wall Street Journal "AIG Is Raising Stakes in Battle With Greenberg" discusses the insurance company's lawsuit against its Ex-CEO. Apparently, Hank wants control of a related AIG entity and certain art, antiques and property. Like all insurance companies do when they're not bashing lawyers, Hank hired his own attorney, who's recent clients include the equally notorious Enron CFO, Adelphia, and Tyco, that is David Boies, a New York lawyer.

Wisconsin Personal Injury Attorney

Touchy Feely Insurance Company Ads

Wisconsin, notice all the touchy feely ads airing from insurance companies? I'm sure it wasn't my last post that inspired it, but perhaps it's the bad press insurers are getting from Niagra Falls to the United Kingdom and from the Boston Globe to the Christian Broadcasting Network:

Insurance companies sued for Katrina 'con'
Katrina Homeowners Face off with Insurance Companies
The Battle Begins Over Flood Losses
Insurance Companies Scam Victims

Give it a month or so 'til they start gouging insurance rates and when they do they'll blame lawyers.

Wisconsin Personal Injury Lawyer

Insurance Companies Show True Colors in Tragedy

Insurance Companies are now accused of trying to take advantage of Katrina victims denying insurance claims, reducing insurance coverage, and pushing property owners to sign releases and documents adverse to their interest. Companies accused include Allstate, State Farm, Nationwide, and USAA.

Insurers advertise how you're in good hands (Allstate), they're like good neighbors (State Farm), they're on your side (Nationwide) and ready to help (USAA), but when the claims start coming Allstate, State Farm, Nationwide and USAA, like nearly every other insurer, don't want to pay claims. Whether it's Wisconsin car accidents or Gulf Coast hurricanes, insurers want:

~ Your premiums but not your claims
~ You not to file lawsuits against them that are valid
~ Voters to think they constantly fight bogus lawsuits
~ Everyone to hate lawyers so they never hire one to get justice
~ People to feel guilty for making legitimate claims
~ You to have guilt so you tell your attorney "I'm not the kind of person who files a lawsuit"
~ Jurors to think a person who files a lawsuit is a sham or dishonest
~ Juries minds made up before evidence is heard
~ Your legal rights minimized or removed
~ Their legal rights maximized and preserved
~ Wrongdoing on their part to go unchecked
~ People to feel juries give money away in a lottery jackpot justice system
~ Verdicts for damages to be far less then what is fair
~ Caps on damages to minimize how much justice a person can get
~ And judges who will avoid holding them accountable

After the 9-11 terrorist attack, insurers did the same thing and Katrina again shows on a grand scale insurers true colors. Insurers will wrongfully deny claims whenever debatable and try to get quick settlements that don't pay victims their full damages.

What's next? Well, after the 9-11 terrorist attack insurers engaged in Wartime Profiteering using the tragedy as an excuse to jack insurance rates up while at the same time calling for "tort reform" and blaming it on "evil trial lawyers." Surely we will see this soon even those of us insuring cars and homes in Wisconsin.

Wisconsin Personal Injury Attorney

Wisconsin Health Care Costs Out of Control

This table shows how ridiculously high health care costs are in Wisconsin. With the lowest medical malpractice insurance premiums in the country, perhaps those calling for "tort reform" out to look at the real reasons why health care is so expensive.

Wisconsin Personal Injury Lawyer