6 Responses to “This is Why We Desperately Need “Loser Pays” as Part of a General Tort Reform”

1. Will on May 3rd, 2007 5:49 am

   How in the world can he think he has the sanity to be a good judge? If his opinions from the bench are as flawed as his reasoning here I pity anyone coming before him seeking justice.
   If he was appointed, the people in that area need to put pressure to get him unappointed.
   If he was elected they need to start a recall petition.
   This guy is too stupid to be a judge.

2. Howard Spiva on May 5th, 2007 7:56 pm

   This is a business law suit.

   We need insurance reform,
   we need medical reform,
   we need HMO reform.

   The American Trial Lawyers Association is going after this idiot and defending the defendant.

   This is business litigation and has NOTHING to do with Tort reform.

   *****************************************************************
   Dear American Association for Justice Board Member:

   By now, you have probably seen news reports concerning a family-owned

   dry cleaner in Washington, DC being sued for $65 million over a pair of

   pants. Given the news coverage about this case, you should know the facts.

   First, this is commercial litigation, not a personal injury case. That’s a difference that should not be lost among our members. In fact, Chris Manning - the attorney representing the defendant - is a member in good standing of the DC Trial Lawyers Association. Jon Haber has spoken over the past two days with Mr. Manning about the case, and Mr. Manning has not personally used it as an attack on the civil justice system.

   Further, it appears that this type of lawsuit may violate our Code of Conduct, which speaks to the defensibility of claims. Our code reads in part that our members will “not prosecute or counsel any action, or assert any claim or defense, which is false, frivolous or wholly insubstantial.” The Washington Post - which first broke the story - has reported that the judge in the case has said that “the court has significant concerns that the plaintiff is acting in bad faith.” The plaintiff, who is an attorney, is not a member of our association.

   As attorneys who are committed to helping Americans receive justice through our courts, we are outraged by the very idea of a $65 million claim over a pair of pants. It is not only ridiculous; it is offensive to our values.

   Predictably, the media has chosen to sensationalize a non-typical case. My chief concern is that corporate CEOs - and those who represent them in the effort to avoid accountability for real wrongdoing - will try to turn this one case into an indictment of the civil justice system. We cannot allow them to use this atypical case as part of their political agenda to weaken basic legal protections and further stack the deck
   against Americans.

   We will continue to work to make sure people have a fair chance to receive justice through the legal system when they are injured by the negligence or misconduct of others.

   Lewis S. “Mike” Eidson
   President, American Association for Justice

3. Will on May 6th, 2007 3:12 am

   Howard,

   It is still a tort case. http://en.wikipedia.org/wiki/Tort

   It is an example of needed tort reform. Especially instituting a loser pays system. I’m glad the trial lawyers are doing the right thing in this case but there are hundreds or thousands of other cases like this that you aren’t pursuing because they aren’t getting this type of exposure.

   We need tort reform.

4. Tim on May 6th, 2007 7:18 am

   Thanks, Howard. I edited the title to be more specific.

5. JBL on May 10th, 2007 9:50 pm

   Hahahaha, Howard Spiva probably makes a living off the current fowled up mess of a (non)justice system we have today and he wants to tell us that it is fine and we do not need to rein in the lawyers.

6. Debbie on May 15th, 2007 3:29 pm

   Hahahaha JBL….NOT!

   I’ve personally known Howard Spiva. He’s certainly NOT one attorney we need to rein in. Too bad you never had the pleasure of meeting nor knowing Howard.

   As a matter of fact, my attorney brother checked Howard out a year ago. He gave “Thumbs Up” to Howard.

   Something else…last night my attorney brother was a little baffled that you would think it needs tort reform since the case happens to be a business lawsuit. A business lawsuit that he expects it to lose.

   Debbie

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