Closing Argument

A trial lawyer's commentary on his practice, developments in the law, and occasionally, life in general.

Name:

I hope you enjoy my blog. I am a trial attorney with offices at 100 West Monroe, Suite 1900, Chicago, Illinois. A large portion of my practice involves the representation of persons who have been injured due to auto accidents, work accidents or medical malpractice. In addition, I also also represent a select number of clients with business, commercial or employment disputes. If you wish to talk to me about a case, please contact me at my office, 312/346-3715 or email me at markploftus@aol.com

Friday, July 23, 2004

OUT OF TOWN

Just a note that I will be away for several days and will resume posting on or about July 31, 2004.

Tuesday, July 20, 2004

STATE FARM TAKES ON ON THE CHIN

State Farm Insurance company recently took it on the chin in the Circuit Court of Cook County, Illinois.  Earlier this year, Mr. Thomas Kelm sued State Farm Insurance for denying his claim on a totaled car.  After prevailing on that claim, Kelm sued for nearly $60,000 in attorney fees against State Farm for allegedly denying the existence of his claim.  On June 14, 2004, Judge Susan McDunn awarded $45,000 in attorney fees to Kelm as well as costs of approximately $1,600.  The court had already awared Kelm a $26,700 verdict, $6,600 in statutory penalties and $4,500 in prejudgment interest.  Wow.  Maybe Insurance companies should acknowledge that every now and then they get legitimate claims.  But why do that when they can drag things out for years on a simple property damage claim?

For some other interesting thoughts on big insurance companies, take a look at Allstatesucks.com.

A READER RESPONDS

Suprise, suprise.  It appears that someone besides myself actually reads this blog on occasion.  Got a pretty impassioned email from a reader regarding the story about the accused Brown's Chicken killer suing the jail guard who allegedly punched him.  In that particular post, I took some shots at the alleged killer for having the audacity to file the claim as well as some shots at any lawyer who presumably would take on that case.  And the reader pointed out my hypocrisy.  As a trial lawyer, I shouldn't prejudge a case or client based on extraneous facts.  And he is absolutely right.  That being said, this guy will still have a very tough time getting anyone to feel sorry for his broken jaw.  The trial, if it ever goes that far will get an unusual amount of coverage and jurors sometimes know more than they let on.  But this guy, like everybody else deserves his day in court.  So on the one hand it's nice to know somebody else actually reads this stuff...even if they end up calling me pompous.

 

Sunday, July 18, 2004

HOLD THE PRESSES - ILLINOIS DOCTORS NOT FLEEING THE STATE
 
Been awhile since my last post, and lots to report...
 
Contrary to the reports published by the Tort Reform people, doctors are not lined up at the borders of Illinois, waiting their turn to flee.  In fact, according to a recent report in Crain's Chicago Business, the overall number of doctors in Illinois is actually increasing!  Yeah, that's right, the numbers of doctors in Illinois is going up.  Yes, it is true that Illinois has lost practicioners in specialties with high malpractice premiums, but the decline is consistent with national data.  What's more, the decline is similar to what Indiana and Wisconsin are showing - and both of those state limit jury awards in medical malpractice cases. 
 
Illinois Hospital Association President Kenneth Robbins(who not suprisingly supports caps) however, still maintains that medical services are being compressed.  "Obstetricians and neurosurgeons can restrict and limit the extent of their practices, " he noted in the article.  "The licensing and certification numbers won't reflect any of that."
 
Well, then, certainly the IHA has the numbers to show how Illinois doctors are restricting their practices in response to this alleged medical malpractice crisis, right?  Not quite.   "No," said a IHA spokesman.  "That's been very difficult to quantify with a specific number," he related.  "BUT THERE IS DEFINITELY A CRISIS!" 
 
 Wait a minute.  Couple of thoughts regarding the spokesman's remarks.  First, why didn't he give his name?  Probably feeling a little sheepish that as a spokesman, he didn't have any data to support the fact that there is "...definitely a crisis".  Secondly,  just how hard is it to get those numbers?  Couldn't the IHA, or any other pro-tort reform group simply call doctors on the phone and inquire  if their practice has been somehow restricted?   If doctors were truly restricting their practices[solely in response to this alleged crisis]these tort reformers would be marching them around local courthouses complete with white smock and stethescope.  And finally, you've got to give these guys points for staying on message.  Even when confronted with statistics impeaching claims doctors are leaving the state, these guys still run around screaming that the sky is falling.  The Crain's article is just another example of the way tort reformers manipulate facts to mislead and alarm the general public about this alleged crisis.
 
On the same front...
 
A recent study from the Harvard School of Public Health concluded that imposing a cap on non-economic damages results in unfair awards.  The study, detailed in the July/August issue of Health Affairs, found that arbitrary dollar amount caps on damages were simply unfair. 

http://mploftuslaw.com

Thursday, July 08, 2004

PORTLAND ARCHDIOCESE FILES FOR BANKRUPTCY

In a stunning development, the Portland Archdiocese announced on Thurday that it was filing for bankruptcy. The move became necessary, according to church officials because of the high cost of sexual abuse lawsuits. The Archdiocese of Portland has already paid more than $53 million dollars to settle over 130 claims dating back to the 1950's. The bankruptcy filing will apparently include 20 pending claims against the diocese. If the the Diocese elects to file a Chapter 11 Bankruptcy Plan, the actions against it would be halted temporarily while the Church reorganizes. A bankruptcy filing however, could open up the Church financial record to intense scrutiny and possibly cause the Church to cede some control over its assets to the Bankruptcy Court.

Archbishop John G. Vlazny, after explaining that attempts at settlement had failed because the plaintiffs wanted too much money noted: "The pot of gold is pretty much empty right now".

Now there's a Christian attitude. Demean the plaintiffs, some of whom had been repeatedly raped as children by priests, as gold-diggers. The Catholic Church continues to show an appalling lack of compassion for the victims. And plaintiffs attorneys think the planned bankruptcy filing is simply posturing by the Church to avoid embarrassing details becoming public at a trial. David Slader, an attorney representing one of the plaintiffs, noted that the Archdiocese has over $500 million dollars in property, as well as countless investments. Strangely, a church spokesman declined to disclose the value of the church assets.

One of the alleged abusers, Maurice Grammond, was deposed prior to his death[after the Church had suspended him for failing to cooperate]. And his defense? He was the victim! Quoth Grammond in his depo: "I'd say these children abused me. They'd dive in my lap to get sexual excitement." His defense it appears, was that the children "wanted it". What a miserable, despicable, scumbag. Hopefully he died in jail.

The Church's response to this scandal, since day one, has been appalling. And this is the same church that denies communion to divorced Catholics who don't get annulments and politicians who don't blindly follow its edicts. Perhaps the Church should concentrate on straightening out what is happening inside the communion rail before trying to run the world beyond that same rail.

Wednesday, July 07, 2004

TRIAL LAWYER ONE HEARTBEAT AWAY FROM THE OVAL OFFICE!

John Kerry's selection of John Edwards as his running mate was a bold and necessary choice. Edwards brings some needed vitality to the ticket as well as some appeal to Southern voters. Edwards is a talented, ambitious, intelligent man who will do a terrific job as vice president.

Of course right wing conservatives are red in the face, screaming and ranting about the fact that he is a "trial lawyer"(gasp!). The chicken hawk radio conservatives are simply apoplectic with the fact Edwards is a trial lawyer. The United States Chamber of Commerce has indicated it will dispense with its long-standing tradition of neutrality(ha!) in presidential politics and actively campaign against the ticket. What a bunch of hypocrites.

I'm a trial lawyer. I know a bunch of other trial lawyers. Almost to a man(or woman)most trial attorneys I know are intelligent, ambitious and hard-working. Yes, some trial attorneys can make enormous amounts of money. Particularly personal injury attorneys(like Edwards) who work on a contingent fee basis. In a contingent fee arrangement, no fees are paid to the attorney unless and until there is a settlement or verdict. When that occurs, the attorney will typically take approximately 33% of the recovery. Yes, when there is a 10 million dollar award or settlement, that's a lot of money. But bear in mind the lawyer carries that case for years, spending his own money to fund the litigation. If the case goes south, the attorney gets NOTHING! When that client signs the contract, he and the attorney are agreeing to share the risk on that case and hopefully it will pay off for both of them. Sound crass? Maybe it is. But that arrangement is the only way most Americans can get into Courthouses these days when they are victimized by irresponsible manufacturers or careless doctors. If you or a loved were injured due to the actions of another, could you afford to pay a lawyer a significant hourly rate, over the course of several years, to litigate a case? Factor in the written discovery, depositions, court appearances, legal research, even the phone calls. Injured plaintiffs can't litigate cases on an hourly basis - they be looking for bankruptcy lawyers before long. Trial attorneys give the working class of this country access to the legal system that they otherwise couldn't afford.

Yes, John Edwards made millions of dollars representing injured people. He stood up before juries in North Carolina and asked for millions of dollars to compensate people who had been injured or killed. And those juries, regular people from the communities, hell some of them were even Republicans, usually gave it to him. Because they heard the evidence and agreed that the injury justified a large award. Mr. Edwards in effect, was a very successful small business owner. His business didn't fail, that the oil business the president ran. He didn't make millions of dollars off a minor investment in an American league baseball franchise after being ushered into ownership through powerful connections. Nope, Mr. Edwards made his money the old-fashioned way - he earned it.

In just the last several years, trial attorneys have effectuated positive changes in a number of arenas, including the elimination of dangerous and defective products from the marketplace; the termination of predatory and discriminatory lending practices and the extrication of innocent men from death row. Here in Illinois, a trial lawyer was instrumental in uncovering the corrupt practices that ran rampant in the Secretary of State's Office when it was being run by former Governor Ryan. As a result of that very corruption, one low life was permitted to buy his CDL license. As he sped down an Illinois highway one day, a piece of equipment came off his truck and punctured the gas tank on a mini-van behind him. Seven young children were burned to death in the fire that erupted. Despite courageous efforts by their parents, the children couldn't be saved. One by one, members of Ryan's inner circle have pled guilty to corruption charges or were convicted by juries. George Ryan's trial starts in the fall. If not for the dogged efforts of Joe Power, a legend in the Illinois trial bar, the licenses for sale scandal may never have come to light.

John Edwards is a good and honorable man who made a good living as a trial attorney. I'm proud to see him on the Democratic ticket and anxious to see him sworn in this January.

Finally, the country has on occasion put a trial lawyer in the Oval Office. And he did pretty well. His name was Abraham Lincoln.