Judge Delaughter Pleads Guilty to Putting Justice on Sale for Dickie Scruggs

This NYT article notes the guilty plea of Judge DeLaughter for obstruction of justice for tipping the scales in favor of asbestos and tobacco maven Dickie Scruggs. Stories of this sort are unfortunate reminders that John Grisham will never run out of grist for his novels exploring the many seamy sides of trying to dance on both sides of the many sharp edges in our legal system .

The Next Asbestos Still Is More Asbestos

For years, many have posed the question: what is the next "asbestos" ?

The answer usually has been: more asbestos.

Here is one recent example of why the answer remains largely true. The example is a plaintiff's firm press release urging the need to treat taconite as if it is asbestos even though its never before been classified as asbestos. There are some real health issues as to taconite, which you can see from this University of Minnesota web page addressing an ongoing study. The point here though is that the next asbestos is more asbestos. The second point is that the underlying JOEH article it cites purports to find a medical link between the presence of pleural plaques and pain in this particular person. The plaintiff's bar no doubt will continue to use this article as part of the always ongoing campaign to find reasons why money should be paid to persons without actual impairment of their day to day activities.

Tort Settlement Secrecy - Can Government Lawyers Ethically Use Settlement Agreement Terms That Purport to Limit Future Use of The Settlement ?

Is it ethical for government lawyers to demand, or a plaintiff's lawyer to sign, a tort claim settlement agreement that includes terms that purport to limit the use of the settlement agreement in future litigation? "No" is the answer provided in this article addressing the issue in the context of government and private lawyers involved in tort and civil rights claims against the City of Chicago. The article is:

SETTLEMENTS YOU CAN’T SIGN: ETHICAL
IMPLICATIONS OF CHICAGO’S MACHINERY OF DENIAL
By Craig B. Futterman, Jason E. Huber, and Pier Petersen

The article is interesting and valuable in multiple ways. One is its discussion of the settlement secrecy actics formerly used by the City of Chicago, but now apparently abandoned. More value lies in its footnote 32 citation to laws around the US that in one way or another require public access to most settlement agreements arising from tort claims against the government. Also valuable is its closing reminder/discussion of the many cases in which courts have enforced similar unethical settlement agreement terms despite the seeming perversity of that result.

Hat tip to Jerry Crimmins for reporting on the existence of the article and other related background facts in a July 17 , 2009 article in the Chicago Daily Law Bulletin.