Category: Legal Issues – Specific Litigation

A Sea In Flames

The Book of the Week is “A Sea In Flames, The Deepwater Horizon Oil Blowout” by Carl Safina, published in 2011. This is a description of the disaster that spewed millions of gallons of oil into the Gulf of Mexico starting in late April 2010.

British Petroleum (BP)– the oil company– was the major party responsible for killing eleven workers and causing ongoing long-term emotional trauma and major financial hardships for thousands of people. BP’s poor safety record, and favoring money over human beings made it more of a scapegoat than the other parties involved– Halliburton, Transocean and other subcontractors that were providing equipment and services for deep exploratory drilling.

The accident’s aftermath was a cluster screw-up. Both plugging the oil leak and cleaning up the oil were uncharted territory, literally and figuratively. Previously, greedy politicians had been loath to regulate the oil industry because they needed the industry’s campaign contributions to win elections.

A month after the disaster, President Obama prohibited deep sea drilling for six more months. Even so, in June 2010, a federal judge nixed such legislation for economic reasons. It was clear that the government continued to woo the oil companies, at the expense of the victims. That judge cared more about the nation’s fiscal health than about people’s health and the environment.

The victims include not just humans, but civilization as a whole. This blogger contends that it does not matter that the victims are voters. They are easily psychologically manipulated. The oil mess has incalculable, ambiguous biological and environmental consequences. However, hard economic numbers win elections because money is more important to voters, too. Voters will readily believe a storm of economic misinformation, including the incorrect notion that clean fuels cost more than fossil fuels. Electoral mudslinging that asserts that the opposing candidate allowed serious health problems and scary ecological goings-on to occur, to which oil contamination might or might be attributable, do not win elections.

This is just one more depressing piece of writing that reminds us that we are all destroying our earth.

Justice Brennan, Liberal Champion

The Book of the Week is “Justice Brennan, Liberal Champion” by Seth Stern and Stephen Wermiel, published in 2010. As can be surmised from the title, this book is about Supreme Court Justice William Brennan’s life and liberalism.

When Brennan was first appointed by President Dwight Eisenhower in the mid 1950’s, the United States Supreme Court was ruling on cases dealing with integration, Communism and censorship of pornography. “Brennan and his allies on the Court were being attacked by the mid 1960’s for encouraging racial mixing, coddling Communists and trying to drive God out of public life.”

The Court turned very conservative after Richard Nixon was elected president. Conservative politicians secretly investigated liberals for any conflicts of interest, or worse sins, to force the liberal justices off the Court. Brennan quit all teaching and lecturing to eliminate all of his own conflicts of interest and divested himself of real estate interests and stock. No other liberal justices took such precautions.

Although principled, legally obedient and even supportive of several women’s rights issues, ironically, Brennan refused to hire females as clerks in his own chambers. It was only after an aide wrote to him in strong language in the early 1970’s– that sooner or later, someone would sue a Supreme Court Justice alleging gender discrimination in clerk selection. Besides, Brennan would want his own daughter to be hired, if she were in a position to apply.

The Court stayed conservative for the rest of Brennan’s tenure. Read the book to learn the impact Brennan made on the Court nevertheless.

Coronary

The Book of the Week is “Coronary, A True Story of Medicine Gone Awry” by Stephen Klaidman, published in 2007. This book recounts what happens when people are afflicted by certain aspects of human nature:  greed, power-hunger and fear. It is a sensational story, the kind even tabloids could not fabricate.

In the 1990’s and single-digit 2000’s, there was a cardiac surgeon, one Dr. Moon, who exhibited the first two aspects in spades– instilling dire panic in impressionable patients, telling them that their clogged arteries could kill them at any second, and therefore, they had to be scheduled for triple or quadruple bypass surgery within the week. Those patients underwent the rigorous, dangerous, and worst of all– in the vast majority of cases– unnecessary procedure, taking weeks to recover, getting saddled with medical bills.

Dr. Moon loved the control he had over people, and enjoyed a lavish lifestyle. His reputation was sterling, due to word-of-mouth and great public relations (people truly believed he saved their lives). The hospital where he committed his medical malpractice was one owned by the then-disreputable holding company, National Medical Enterprises (which later changed its name to Tenet Healthcare).

Wait, there’s more! There were other greedy parties involved in the story. Three people saw what was really happening, and found a way to capitalize on the situation. They brought a Qui Tam lawsuit against the doctor and his accomplices. This means they accused him of bilking Medicaid and Medicare out of big bucks by billing the federal government for unnecessary surgeries. They were expecting to reap a large reward for reporting the errant doctor.

Read the book to learn the sordid details and outcome of this extreme saga.

If This Be Treason

The Book of the Week is “If This Be Treason: Your Sons Tell Their Own Stories of Why They Won’t Fight For Their Country” by Franklin Stevens, published in 1970. This book is about American men who received draft notices, but were against the Vietnam War. The threat of being sent to fight in a war in which they didn’t believe took a terrible psychological toll on these men and their families– who were neither wealthy nor influential enough to keep them out of it. They explain not only why they were against the war, but how they kept out of it.

The men implemented all sorts of strategies for at least temporarily rendering themselves ineligible to fight on physical or psychological grounds:  consuming an excessive number of salt pills, increasing one’s weight to 250 lbs or more, reducing one’s weight to 105 lbs or less, eating soap to get an ulcer, cutting off a limb, faking a condition such as:  insanity, transvestitism or homosexuality; or claiming one was a sleepwalker. Some other ways to stay away from the military were:  qualifying for a deferment by getting one’s wife pregnant or staying in school, enrolling and paying tuition at a school where one did not actually have to attend classes, or becoming a teacher or other government worker.

Some men found out about a draft-resisters’ organization located (ironically) in the United Nations area in New York City, where they learned how they could flee to Canada.

Other men were sent to jail for refusing to fight.

Some men applied for conscientious objector status, claiming they should be exempted from military service because they believed participating in a situation in which people might die at their hands, was wrong. “A conscientious objector had a better chance of being acquitted for draft dodging by a jury because every case of offenses against the draft law that demands a jury trial adds a burden to the judicial system and thus increases pressure against the draft and the war.” Unfortunately, it took a very long time before sufficient pressure forced the United States to pull out of the war in disgrace.

Some readers might consider this subject matter controversial and disturbing, but as long as history repeats itself, this subject merits discussion.

Birthright

The Book of the Week is “Birthright: Murder, Greed and Power in the U-Haul Family Dynasty” by Ronald J. Watkins, published in 1993. This is a cautionary tale about an American public corporation whose founder failed to take steps to secure control of his company. L.S. Shoen “lacked the heart to dilute the shares of his oldest children. If he had issued himself more shares, he could have guaranteed he would always have control or if he had modified the rules, only a supermajority of shareholders could have ousted him.”

The company’s stock situation aside, the story began after WWII, when Shoen started his truck rental business. The business proved successful until his children attained adulthood, at which time, he favored two of his sons, who drained the company’s resources on their expensive hobbies. This bad situation led to a legal dispute among family members over company ownership, that resulted in murder. The newspapers mockingly reported the court battles as a family fight among “the idle rich”, as the majority shareholders were publicly viewed as heirs to the family fortune.

One of the sons was suspected of perpetrating the said murder. This is an extreme story, because even when American family members are fighting over company ownership, they rarely stoop so low as to terrorize the rival camp by killing someone.

The Case of Joe Hill

The Book of the Week is “The Case of Joe Hill” by Philip S. Foner, published in 1965.  This is the story of the grave injustice perpetrated against Joseph Hillstrom (“Joe Hill” was the American-English translation).

In the early 1900’s, American managers of industry had politicians on their side and violent opposition to unions was commonplace. In 1914, the Swedish-American was wrongly accused of murder, and because he was a member of a vilified socialist labor organization, “International Workers of the World,” local authority figures (and possibly the Mormon Church) in Utah– where his trial was held– conspired to convict him.

He was a well-known, prolific writer of socialist songs. Despite the legal funds and political support from solidarity-minded labor groups around the world (support that included an urgent appeal to President Woodrow Wilson), the trial ended badly for him.

This account is reminiscent of the book, “Big Trouble” by J. Anthony Lukas, published in 1997, a 1905 case in which two union activists were wrongly accused of murder and denied due process, too.

God Is My Broker

The Book of the Week is “God Is My Broker” by Brother Ty, with Christopher Buckley and John Tierney.  It is a very funny satire.  The story starts with a man who made sufficient money on “Wall Street” to retire at a young age.  However, a mid-life crisis caused him to try the lifestyle of a Trappist Monk.

While swearing off material possessions at the monastery, “Brother Ty” still had the urge to gamble.  So he let a line of text in a religious tract dictate his course of action in the stock market.   The way Brother Ty interpreted the text turned out to be contrarian to most other traders’ advice and actions, but turned out to be extremely lucrative for him.

The humor of this book emerges when the monastery and the monastery’s abbot are revealed to be just as dishonest as Wall Street.   The monastery raised money through selling wine that was falsely advertised, and the abbot built himself an entertainment center with the ill-gotten gains. Read the book to vicariously experience the hilarity that ensues.