Posted on 07/07/2004 4:27:12 PM PDT by perfect stranger
Posted: July 7, 2004 1:00 a.m. Eastern
© 2004 Universal Press Syndicate
I guess with John Kerry's choice of John Edwards as his running mate, he really does want to stand up for all Americans, from those worth only $60 million to those worth in excess of $800 million.
In one of the many stratagems Democrats have developed to avoid telling people what they believe, all Edwards wants to talk about is his cracker-barrel humble origins story. We're supposed to swoon over his "life story," as the flacks say, which apparently consists of the amazing fact that ... his father was a millworker!
That's right up there with "Clinton's stepdad was a drunk" and "Ted Kennedy's dad was a womanizing bootlegger" on my inspirational life-stories meter. In fact, I'm immediately renouncing my university degrees and going to work for the Post Office just to give my future children a shot at having a "life story," should they decide to run for president someday.
What is so amazing about Edwards' father being a millworker? That's at least an honorable occupation – as opposed to being a trial lawyer. True, Edwards made more money than his father did. I assume strippers make more money than their alcoholic fathers who abandoned them did, too. This isn't a story of progress; it's a story of devolution.
Despite the overwrought claims of Edwards' dazzling legal skills, winning jury verdicts in personal injury cases has nothing to do with legal talent and everything to do with getting the right cases – unless "talent" is taken to mean "having absolutely no shame." Edwards specialized in babies with cerebral palsy whom he claimed would have been spared the affliction if only the doctors had immediately performed Caesarean sections.
As a result of such lawsuits, there are now more than four times as many Caesarean sections as there were in 1970. But curiously, there has been no change in the rate of babies born with cerebral palsy. As the New York Times reported: "Studies indicate that in most cases, the disorder is caused by fetal brain injury long before labor begins." All those Caesareans have, however, increased the mother's risk of death, hemorrhage, infection, pulmonary embolism and Mendelson's syndrome.
In addition, the "little guys" Edwards claims to represent are having a lot more trouble finding doctors to deliver their babies these days as obstetricians leave the practice rather than pay malpractice insurance in excess of $100,000 a year.
In one of Edwards' silver-tongued arguments to the jury on behalf of a girl born with cerebral palsy, he claimed he was channeling the unborn baby girl, Jennifer Campbell, who was speaking to the jurors through him:
"She said at 3, 'I'm fine.' She said at 4, 'I'm having a little trouble, but I'm doing OK.' Five, she said, 'I'm having problems.' At 5:30, she said, 'I need out.'"
She's saying, "My lawyer needs a new Jaguar ... "
"She speaks to you through me and I have to tell you right now – I didn't plan to talk about this – right now I feel her. I feel her presence. She's inside me, and she's talking to you."
Well, tell her to pipe down, would you? I'm trying to hear the evidence in a malpractice lawsuit.
To paraphrase Oscar Wilde on the death of Little Nell, one must have a heart of stone to read this without laughing. What is this guy, a tent-show preacher? An off-the-strip Las Vegas lounge psychic couldn't get away with this routine.
Is Edwards able to channel any children right before an abortionist's fork is plunged into their tiny skulls? Why can't he hear those babies saying, "Let me live! Stop spraying this saline solution all over me!" Edwards must experience interference in channeling the voices of babies about to be aborted. Their liberal mothers' hands seem to muffle those voices.
And may we ask what the pre-born Jennifer Campbell thinks about war with Iraq? North Korea? Marginal tax rates? If Miss Cleo here is going to be a heartbeat away from the presidency, I think the voters are entitled to know that.
While making himself fabulously rich by taking a one-third cut of his multimillion-dollar verdicts coaxed out of juries with junk science and maudlin performances, Edwards has the audacity to claim, "I was more than just their lawyer; I cared about them. Their cause was my cause."
If he cared so deeply, how about keeping just 10 percent of the multimillion-dollar jury awards, rather than a third? In fact, as long as these Democrats are so eager to raise the taxes of "the rich," how about a 90 percent tax on contingency fees?
For someone who didn't care about the money, it's interesting that Edwards avoided cases in which the baby died during delivery. Evidently, jury awards average only about $500,000 when the babies die, and there is no disabled child to parade before the jury.
Edwards was one of the leading opponents of a bill in the North Carolina Legislature that would have established a fund for all babies born with cerebral palsy. So instead of all disabled babies in North Carolina being compensated equitably, only a few will win the jury lottery – one-third of which will go to trial lawyers like Edwards, who insists he doesn't care about the money.
Despite the now-disproved junk science theory about C-sections preventing cerebral palsy that Edwards peddled in the channeling case, the jury awarded Edwards' client a record-breaking $6.5 million. This is the essence of the modern Democratic Party, polished to perfection by Bill Clinton: They are willing to insult the intelligence of 49 percent of the people if they think they can fool 51 percent of the people.
So while Michael Moore, Al Franken, George Soros, Crazy Al Gore and the rest of the characters from the climactic devil-worshipping scene in "Rosemary's Baby" provide the muscle for the Kerry campaign, Kerry picks a pretty-boy milquetoast as his running mate, narrowly edging out a puppy for the spot. Just don't ask the Democrats what they believe. Edwards' father was a millworker, and that's all you need to know.
What about the military?
Mandatory bump. Thank you, Ann, for bringing this to light.
Yes she is, but I believe she specializes in Constitutional law.
Everything I read today said his son was in a Jeep Cherokee.
The sickest thing was when he exploited his son's death during a trial against a swimming pool pump manufacturer. Read about that here:
http://www.freerepublic.com/focus/f-news/1167108/posts?page=72#72
And, here is a long article about frivolous lawsuits. I encourage everyone to read it, in spite of its length:
http://www.hillsdale.edu/newimprimis/2004/march/default.htm
Well, sorta: for 20 million bucks he did once.
Soooo....his son is dead, and Johnny decided to enter politics? Because his son died? That must have been a terrible accident. Terrible enough to make a dead son's dad decide to enter politics.
It would be nice to see an insurance company file a FRAUD case against Edwards just before the election!
you do indeed, sweety pie.
"I've seen different reports on the amount of Edwards' profit from the death of his son who died in a car accident in a Ford. One has it about $25 million from the Ford company."
Where can I get my hands on this information? I have a few friends that might be very interested in this.
It was in a biography of Edwards on one of the news Web sites. CNN or google or some other. That was before he was chosen.
I am sorry to hear about your injury, and I am also sorry to learn that an M1 rifle blew up. I though those things were the "best fighting implement ever devised," and so forth.
I have been thinking about how to advise in such a case.
I would take the case on contingency, because that would be in your best interest. You would have to pay all costs, though, as I bill them, amounting to several hundred dollars.
It would be you against Springfield Armory on a straight manufacturing defect claim of negligence for damages. Perhaps you could use a simple res ipsa loquitur theory and wouldn't have to prove much about Springfield's manufacturing.
First, Springfield would probably be the ones to join the range, TexasCowboy, and/or the cartridge manufacturer into the lawsuit. You wouldn't have to join them, as you were the one injured. Springfield would try to fix culpability on the cartridge manufacturer or on TexasCowboy, and maybe not join them, but they would still be subpoenaed to testify and produce documents. The range would probably not be a party, though perhaps some testimony would have to be elicited from them.
Second, I would encourage you to settle the lawsuit early for approximately the amount of your costs and other damages, including a reasonable fee for your lawyer and his costs, plus an additional amount calculated (beyond mere market dynamics) to discourage Springfield from supplying defective merchandise.
Assuming that your surgery cost about $10,000, I suggest perhaps settleing for a lump sum of $50,000 tops, maybe even in the range of $37,500 on the whole claim -- plus a free new engraved rifle, range bag, hat, T-shirt, and maybe a couple of 1911A1's and an XD, too. And a scope.
Seriously, that's an offer that everyone can live with.
But you could have been injured more severely, Eaker, than just a little "chest surgery". I know that men don't like to claim emotional harm damages, but if you ever talked to a mental health counselor, Psychologist, or Psychiatrist, their irrational fees can be included in your claimed damages. If you developed a flinch, nightmares, etc., all that can be added to your total damages.
Statute of limitations in this kind of action, depending upon your jurisidction, may be only one year.
I hope that this response sounds reasonable, not like John Edwards.
". . . not all trial lawyers aren't evil. . . "
Aha! the Freudian double-negative parapraxis!
I think that you'll find clients begging you to take their torts cases on contingency. Some, you will have to turn down and turn away, as they cry and beg. Not because the case won't pay (it won't), but because they don't have a legal leg to stand on.
And keep it in State court.
I think that there is a certain kernal of truth to your observation. There should be a litigation team, with a couple of the charlatan actors spouting off whatever the first-year associates feed them in the form of memos. The problem is, the trial lawyers don't read or digest the memoranda, and they seem ignorant of the whole jurisprudential background or context. They only know procedure.
But someone has to go to trial, FOR YOU or your loved one maybe.
I don't think that the Founding Fathers saw the military as a bastion against tyrany. They saw the law, and the militia, as our protectors. I'm pretty sure about that.
All of these Constitutional opinions begin in the trial courts. If your rights are violated, a lawyer or group of lawyers and paralegals is going to argue approximately everything in the trial court that they will argue in the appellate courts. In a trial, objections may be made on Constitutional grounds which will be important during an appeal. Failure to object at trial may eliminate your ability to raise the issue on appeal.
The trial will be on some day, in some room, with some Judge who is paying attention to the wrong things, and some guy who is your lawyer. The trial lawyer is like the airborne Ranger of Constitutional issues, only he has to drive to the courthouse and pay for parking.
You seem to more a Doctor of Jurisprudence than a lawyer.
An honorable person too.
You are in Texas, we have many chapters and you would be a real asset as a member. Not because you are a honest lawyer, but because you seem to be a good person.
Take care and thanks,
Eaker
Wow, this kind of high praise must be flattery! I'm a few hundred miles North and West of your most excellent State of Texas.
You know, they don't test about damages on the bar exam.
Our History, Philosophy and Law all blend together, and with Theology, they make up our ability to define true honor, and goodness. And we are gentlemen FReepers, every one.
Pray for W and Our History Making Troops
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