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Jewish World Review Feb. 24, 2006 / 26 Shevat, 5766 A sordid love affair between certain legislators and personal injury lawyers By Drs. Michael A. Glueck & Robert J. Cihak http://www.JewishWorldReview.com | An unholy alliance exists between some trial lawyers and certain members of the 50 state legislatures. Although this week's commentary deals with California you can be sure a similar love affair is being courted or has been consummated in your state. We use California as an example for when it comes to exploiting the legal system for megabucks by passing bad laws and/or not passing good ones, CA and its trial lawyers and legislators always lead the nation as the first and worst. With the passage of yet another CA legislative deadline on January 31 and no meaningful legal reform enacted, one group is placing blame on a "Bermuda Triangle" within California's legislature. "At one point of the triangle is the Senate Judiciary Committee, at another is the Assembly Judiciary Committee, and at the apex is the wealthy personal injury lawyers lobby," says Citizens Against Lawsuit Abuse (CALA). Any common sense legal reform that wanders into the triangle vanishes without a trace. Several promising bills were introduced, killed in committee and granted reconsideration. These bills had until January 31, 2006 to be reconsidered, but they were never seen again. AB 173 by Assembly Member Guy Houston, would have brought California in line with the rest of the nation by prohibiting so-called "cheeseburger" lawsuits against food makers and restaurants. Plaintiffs claim companies are somehow responsible for a weight or health problem. SB 915 by Senator Abel Maldonado, which would have modestly required that lawyers provide a copy of the contract which discloses their negotiated contingency fee to their clients. AB 431 by Assembly Member Greg Aghazarian, which would have clarified the statute of limitations on asbestos lawsuits, the single largest mass tort in U.S. history and the subject of ongoing abuses. SB 855 by Senator Charles Poochigian, which would have allowed reasonable time for businesses to repair violations under the Americans with Disabilities Act (ADA); a law which has been flagrantly abused by individuals, looking for quick cash settlements, who file hundreds of lawsuits simultaneously. With demise of the Poochigian bill, language similar to SB 855 is likely to be the subject of an initiative in 2006. The issue of abusive ADA lawsuits is very similar to circumstances in 2004, in which friends of the personal injury bar disregarded abuses of the state's unfair competition law. That forced the people of California to do what the majority of legislators would not. They passed Proposition 64 which ended the worst of the abuses by an overwhelming margin. Vowing to put these trial lawyer legislators on notice, Orange County Citizens Against Lawsuit Abuse(OC_CALA) has compiled a Watchdog list of members of the Assembly and Senate Judiciary Committees. Personal injury lawyers have spent tens of millions of dollars in the last few election cycles putting their friends in office. That means a special interest group of less than 3,000 people is dictating the laws for more than 30 million Californians. So in honor of the month of love and Valentine's Day, (OC_CALA) is revealing the shameful love affair between certain legislators and personal injury lawyers. "Personal injury lawyers are spending millions of dollars wining and dining the legislators they love," said Maryann Maloney executive director of OC_ CALA. "In return, trial lawyers expect support for laws that would make it easier to file lawsuits against small businesses and employers in California." Here are some sweetheart stories that will make your heart sink. Below are the top five members of the Assembly and Senate who took the most money in trial lawyer contributions since the 2001-2002 election cycle, according to the Civil Justice Association of California (CJAC). Assembly Tom Umberg (D-Santa Ana)      $424,899.00 Noreen Evans (D-Santa Rosa)      $225,150.00 Lloyd Levine (D-Van Nuys)      $166,800.00 Fabian Nunez (D-Los Angeles)      $159,000.00 Rudy Bermudez (D-Norwalk)      $138,700.00 Senate Joseph Dunn (D-Santa Ana)      $509,050.00 Jackie Speier (D-Hillsborough)     $92,192.00 Sheila Kuehl (D-Santa Monica)      $82,700.00 Don Perata (D-Oakland)      $69,600.00 Dean Florez (D-Shafter)      $53,600.00 Our out-of-control legal system is leading to decreased legitimate access to the courts (secondary to increased abusive lawsuits), decreased quality of healthcare and increased cost of the things we buy and use every day. This love affair between personal injury lawyers and state legislators needs to end so we can smooch the lawsuit lottery good-bye. Editor's Note:: Michael Arnold Glueck wrote this week's commentary. He is on the board of OC_CALA Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here. Michael Arnold Glueck, M.D., is a multiple award winning writer who comments on medical-legal issues. Robert J. Cihak, M.D., is a Discovery Institute Senior Fellow and a past president of the Association of American Physicians and Surgeons. Both JWR contributors are Harvard trained diagnostic radiologists. Comment by clicking here. Archives © 2006,

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