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Eric Turkewitz, The Turkewitz Law Firm, New York, NY |
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Wednesday, February 3, 2010John Stossel, You Gotta Love Him![]() Now I know what you're thinking with this headline: "John Stossel? You love the guy? He is always whining about trial lawyers, how can you love him?" No, really, I do. Because for a writer, hypocrites like Stossel are like manna from heaven. This story is inspired by a little fluff interview with New York Magazine earlier today where this question and answer appeared: Who is your mortal enemy?Awww, isn't that cute. Johnny-boy wants to kill me and all the other personal injury attorneys in the country. We're his "mortal enemy." The guy must have been sued big time and got clobbered to have that type of hissy fit. Oh wait. It was the other way around. That's why Stossel is so much fun to write about. You see, he was the plaintiff in a lawsuit after professional wrestler Dave Schultz slapped him twice. But he didn't just sue the wrestler that smacked him down, but the World Wrestling Federation as well. The case reportedly settled for $400,000. Here is the video of the two slaps (with an out take above): So what happened to change his mind? Usually, I refer to tort "reformers" as people who have never been seriously injured by the negligence of another. The hypocrites suddenly see the light when they become injured. So here's my list of theories on why Stossel flipped backward after being compensated for his injury: 1. He wasn't seriously injured, but claimed that he was, and therefore assumes others that make claims are just like him; 2. He hated his own attorney, and therefore assumes others are just like him or her; 3. He realized that beating up on lawyers is super easy to do because when we defend ourselves we sound like, well, lawyers; 4. If you shill for big business, you get lots of speaking fees for conventions. 5. Since the time of that incident, he's been sued or threatened with suit a number of times and isn't too keen on being on the other side. From a profile on Stossel comes these revealing incidents that tend to support the "I hate being on the other side" theory: Accuracy isn't one of Stossel's strong suits. He's admitted to making a number of serious mistakes in the past, he's been sued in connection with his reporting, and the "research" he's used to prop up his arguments has been routinely debunked by leading academics. In 2000, for example, Stossel declared that organic produce was worse for you than conventional fruits and vegetables; it turned out his report had been based on faulty research and he was forced to issue a public apology. When he argued that global warming was a myth, no less than 104 Nobel Prize winners took him to task. (For his part, Stossel said he was relying on another group of "unnamed" scientists.) More recently, he had to issue a correction and an apology to the evangelical pastor of an African-American church after he distorted his words.Stossel is -- and this is fun to add -- not just a hypocrite on tort "reform" but on his avowed libertarian philosophy. He has stated that "Free markets, not coercive governments, are the consumer's best friend. The people who are really ripping us off are the lawyers, the politicians, and the regulators." Yet, when it comes to litigation, he wants Big Government to come riding to the rescue to protect him. From a 2004 Washington Monthly story by Stephanie Mencimer comes this: In April 2002, Stossel hosted a fundraiser in south Texas for Citizens Against Lawsuit Abuse, a corporate front group that was helping doctors seeking caps on malpractice lawsuit damages.Ahh yes, Big Government coming in to protect negligent doctors. That is just what anti-government libertarianism is all about. Way to go Johnny-boy. And now, after digging around a bit, I come to The Admission as to why he actually flipped. From the same Washington Monthly piece comes this whopper: While he doesn't include it in the book, Stossel did once offer the real explanation. In what was perhaps a moment of candor back in 1996, when he was giving a speech to the conservative legal group, the Federalist Society, someone asked Stossel why he had abandoned consumer reporting to bash government and trial lawyers. According to the Corporate Crime Reporter, Stossel replied, "I got sick of it. I also now make so much money I just lost interest in saving a buck on a can of peas."If he ever decides to give up his career as a pseudo-journalist, he would make a perfect spokesman for the US Chamber of Commerce, which has, ahem, started its own frivolous lawsuit. As a famous reporter has been heard to say, Hey, give me a break. Labels: tort reform
Comments:
"Ahh yes, Big Government coming in to protect negligent doctors. That is just what anti-government libertarianism is all about. Way to go Johnny-boy."
But it's government that makes the lawsuits happen. Without government judges and government agents to support their rulings, you'd have no way to enforce your courtroom victories. Suggesting that government limit its power to award damages is not asking for government protection. Not that I agree with Stossel on this issue. An unprincipled cap on malpractice damages is a goofy idea, and the general idea of lawsuits is one of the few justifications for having a government.
Suggesting that government limit its power to award damages is not asking for government protection.
But the government doesn't award damages. The jury does (generally). The government only acts as the enforcement agent for what the community has decided. Damage caps are additional gov't by putting it into the role of decider. This is the antithesis of libertarianism, isn't it?
a) should John have used his one line answer to nitpick about how he actually doesn't really want to kill people?
b) John was seriously injured, his ears apparently hurt whenever he hears loud noises. c) John wrote in his book that in retrospect he regrets to have sued Schulz. d) John's primary talking point is loser pays. e) These days it often occurs that the lawyers are looking for victims to represent, not the other way around.
The government only acts as the enforcement agent for what the community has decided.
Libertarianism pretty much defines government as the use of force, so when the community forces someone to do something, that's government. Juries are very definitely performing government functions (as long as someone is enforcing their decisions). Put it this way: Why should the community get to decide what happens to the doctor's money? We don't let the community decide which books the doctor can read, or what religion he can teach his children. The libertarian answer is that the only justification for the force of government is to protect the life, liberty, and property rights of others. When a doctor negligently harms someone---be it a patient on the operating table or pedestrian he ran over on the way to work---it's the job of government to try to undo the damage and discourage its occurrence in the future. In other words, torts are one of the few areas where many libertarians feel that government is good and necessary. Malpractice lawsuits ensure that doctors suffer the losses they inflict on others, just as debt collection laws ensure that doctors reap the benefits they provide to others. Both of these are good things. I've never really understood why some libertarians think that across-the-board damage caps are a good idea. Letting some people harm others with impunity is not a libertarian value. At least not with libertarians like me. (Sorry for the rant, but you asked.)
John wrote in his book that in retrospect he regrets to have sued Schulz.
Sure. In retrospect he made a lot of money as a journalist and rakes in plenty for speaking engagements, many of which are apparently for big business. But you can bet your last dollar he wouldn't feel that regret if the repo man was outside his house looking to take back the car or the bank was foreclosing. It's easy to claim you regret taking the money once you don't need it anymore. John's primary talking point is loser pays. And that is the same as closing the courthouse door for a great many victims. These days it often occurs that the lawyers are looking for victims to represent, not the other way around. You will find no greater critic than me for the horrid ads we see on television. But those ads are run by a very tiny minority of lawyers.
(Sorry for the rant, but you asked.)
Post a Comment
No problem, especially since we seem to agree. I've never really understood why some libertarians think that across-the-board damage caps are a good idea. Letting some people harm others with impunity is not a libertarian value. Which is part of what makes Stossel a hypocrite. Links to this post: << Home
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