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Class-Action King Dethroned!

Weiss.JPG
Insurers hit the trifecta this week! First Eliot Spitzer had to step down as New York's crusading governor after a prostitution scandal, then trial attorney extraordinaire Dickie Scruggs pled guilty to bribing a judge in a Hurricane Katrina suit. Now the king of class-actions, Melvyn I. Weiss, copped a plea for his role in a scam to drum up plaintiffs. Why isn't Congress investigating this parade of misconduct by officers of the court?

As reported by our own Dan Hays, Mr. Weiss agreed yesterday to plead guilty to a federal racketeering charge, pay a $10 million fine and accept a jail sentence of up to 33 months for his illegal plaintiff recruitment activities in connection with hundreds of class lawsuits. (Click here for the complete story.)

“This kickback scheme lasted for more than 25 years and had a severely detrimental effect on the administration of justice across the nation as lies were routinely made to judges,” said U.S. Attorney Thomas P. O’Brien in Los Angeles. “The scheme was based in greed, and it affected the integrity of the courts and the interests of an untold number of absent class members.”

What a month! Insurers saw three of their biggest nemeses eliminated in two weeks.

What gets me, however, is the deafening silence out of Washington.

When insurers step out of line--such as when bid-rigging and contingency fee abuse was exposed, or when thousands of policyholders were left bare after questionable Hurricane Katrina claims-handling--Congress rushed to probe the business, vowed to pass sweeping reforms and threatened to revoke the industry's cherished federal antitrust exemption.

However, I don't see Congress rushing to investigate the plaintiffs bar, despite the outrageous criminal behavior of two of the profession's highest-profile litigators. As far as I understand the system, lawyers are state-licensed. Perhaps the Feds should take over! (Or shall we have an optional federal license for attorneys?)

I guess Congress is averting its gaze because just about all of our legislators are members of the bar themselves. Let he who is without sin cast the first stone, right?

Of course, as I said when Spitzer and Scruggs came crashing down because of their self-inflicted wounds, this doesn't mean insurers or brokers are saints, or that they weren't guilty of the wrongdoing they were caught committing.

But it must feel good among the vast majority of those who conduct business honestly and honorably in the insurance community to see the shoe on the other foot for a change.


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Comments (9)

Sam, you say, "it must feel good among the vast majority of those who conduct business honestly and honorably in the insurance community to see the shoe on the other foot for a change."

Without a doubt, it must, Mr. Friedman. Excellent post.

David Schoonmaker:

This is an easy one, Sam. Most members of Congress are lawyers!

Bill Brauer:

Why bite the hand that feeds you?

Plaintiff lawyers thru ATLA and individual contributions play key roles in the campaign financing of scores if not hundreds of members of Congress.

SAM RESPONDS:
Good point, although insurers have been known to contribute a dollar or two to congressional campaigns, especially on the health insurance side....

One interesting point of information. Bill here references ATLA, which stands for the Association of Trial Lawyers of America. The group has rebranded itself the American Association for Justice.

BILL HAS THE LAST WORD:
Although the insurance industry spends heavily on lobbying, I doubt what they do could come close to ATLA in the area of campaign contributions.

Single lawyers often contribute more than the entire annual PAC from a sizeable insurance company.

Marc Dubois:

I totally agree with David--birds of a feather flock together.

It's so much easier for our politicos to slam private industry for its shortcomings than to look in the mirror.

Michael Burnell CIC, CRIS:

Good posting, Sam.

The Spitzer scandal was newsworthy on the premise that he was a government official. No one in Washington could give two rats about Scruggs or Weiss because there is no political gain to be had at re-election time.

These were not guys who were hurting the public at large, but rather the insurance institution, which a good majority of the population thinks is crooked anyway.

Congress could have more likely gained some political traction defending these guys, but could not due to the illegality of their deeds.

Sue:

Sue:

Michael Burnell is right on the money.

Congress will stick their necks out for someone/something only if they reap benefit themselves.

Congress has no right to control lawyers since they are all controlled by the state bar in the individual states.

Congress--especially the Democratic majority--is funded by the plaintiffs' lawyers, so they will say nothing about the abuses established by sucy convictions.

As the judge who accepted the younger Scruggs plea of guilty and apology to the bar and the public said:

"All right, Mr. Scruggs. Of course, the legal profession that you say you love so much, you will not be a part of it the rest of your life. You understand that?"

The state of Mississippi will stop these criminals from practicing again. What it won't do is give their ill-gotten gains back to their victims, which were mostly insurance companies--whether named or as insurers of defendants named.

If Congress could do anything, it could limit the ability to file class-action suits in federal court and do away with punitive damages for anything other than intentional torts--like battery.

You should be calling on the state bars in the various states to disbar those lawyers involved in fraud.

SAM RESPONDS:
My suggestion for a federal law license was a tongue-in-cheek poke against those who call for an optional federal charter for insurers and brokers. But what would be so wrong about requiring a federal license to practice in federal, as opposed to state courts???

BARRY HAS THE LAST WORD:
Actually, Sam, the law now requires you to be admitted to each federal court in which you seek to practice. Normally, if admitted in a state court, you will be admitted in federal court. The federal judges have the authority to revoke your admission to their local federal court bar.

Steve Daroff:

Sam:
Attorney Weiss and the other crooks at his firm--and other firms that serve themselves first rather than their clients--deserve every day in prison they so rightly earned.

Claiming to represent the "masses," as they put it, they file class-action suits, and when they win the case or settle out of court, they reap large legal fees and the masses wind up, in most cases, with a certificate that they can use to purchase another airline ticket at a discount or some other piece of paper which is almost worthless.

They are, with few exceptions, the real ambulance chasers of our modern society.

This group of litigators should merge with divorce attorneys, who prey on emotionally scarred clients that need problem solving, but instead get lawyers who exacerbate issues while the money clock is ticking.

Bill Kennedy:

Sam, very well said, and does, in fact, hit the nail on the head as regards the feelings of those of us in the insurance industry.

I'm certain that we will continue to see "the rest of the story" unfold as deals are made by those who have been caught!

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