Is U.S. Chamber of Commerce 'Sue Happy?'

The Chamber of Commerce launched a PR campaign against frivolous lawsuits in December 2009.  They have spent millions fighting to protect  tobacco companies, asbestos companies and other chemical companies.  They have a multi-million dollar affiliate, the Institute for Legal Reform that is dedicated to restricting the ability of injured persons to file suit, particularly against corporations. 

Yet, despite all the millions spent to deny American citizens access to the court system, the Chamber has itself filed suit or entered into lawsuits at the astounding rate of more than 2 per week (in 2009, for example, they filed or entered into 131 cases).  The overwhelming majority of lawsuits it files or enters is not on behalf of small business owners, but instead for large corporations ranging from Enron, AIG and other insurance companies, and drug companies.

The Chamber has its own litigation arm, The National Chamber Litigation Center and among the legal positions it has taken are these:

• sought to shield pharmaceutical executives who skirted safety procedures and ultimately killed 11 children
• fought for lead paint manufactures found to have poisoned thousands of children
• tried to force workers, instead of employers, to pay for their own safety equipment
• opposed measures allowing workers to receive a rest period during a full work day

• justified the actions of Wall Street banks that drove the country's economy into turmoil

I personally will defend right of The U.S Chamber of Commerce to file lawsuits on behalf of large corporate interests.  But the Chamber should represent the rights of all citizens and all businesses, large or small.

A report, titled “The Chamber Litigation Machine: How the Chamber Uses Lawsuits to Keep Americans out of Court,” can be found at www.justice.org/USChamber.  

Allstate fined $10 million for its claims handling

Anyone who has tried to deal with Allstate in a motor vehicle collision claim understands how difficult they are to deal with.  Allstate has over the past years been quite reliant on a computer assisted claim evaluation program that allows managers greater oversight and control over individual adjusters.   The data can be manipulated, however, to prevent adjusters from offering fair compensation.  I am frequently forced to file a lawsuit against an Allstate insured because I am unable to get a reasonable settlement and often I feel like the adjuster is not even listening to our case, but instead bound by what his/her computer says. 

On October 18, 2010, the New York State Insurance Department announced that Allstate Insurance Company has agreed to pay a TEN MILLION DOLLAR regulatory settlement concerning its improper use of claims handling software; Colossus. The multi-state investigation was lead by the insurance departments of New York, Florida, Illinois and Iowa and included 41 other States. According the the press release from the NYS Department of Insurance the investigation found "inconsistencies in Allstate's management and oversight of the Colossus software program. In particular, the examination found that Allstate had failed to modify or 'tune' the software in a uniform and consistent manner across its claims handling regions." Press Release.

Don't let Halloween turn into a nightmare

As kids trick or treat around our neighborhoods, let's all take the extra safety precautions.  Halloween evening is historically one of the highest days of the year for traffic accidents and fatalities.  In 2008 there were 125 deaths between 6:00 pm October 31 to 5:59 am November 1st.  Of those fatalities, 60% involved the use of alcohol.

• Impaired drivers who fail to plan ahead, turn the roads into a real-life horror show. A few simple tips to avoid a drunk driving nightmare:
  • Plan a safe way home before the festivities begin;
  • Before drinking, please designate a sober driver and give that person your keys;
  • If you’re impaired, use a taxi, call a sober friend or family member, or use public transportation so you are sure to get home safely;
  • Use your community’s Sober Rides program
  • If you happen to see a drunk driver on the road, don’t hesitate to contact your local law enforcement.
    
    
    
    
    

Best States for Drivers

http://www.msnbc.msn.com/id/39712813/ns/business-forbescom/

This is an interesting article ranking states based on 4 factors, gas prices, infrastructure and safety, insurance rates, legal protections. California came in last. The survey didn't appear to consider legal protections for persons injured in car wrecks, but instead legal protections for persons who violated safety rules, which seems a major flaw in the survey. In other words, your state would rank higher (supposedly better) if it had strong legal protections for truck drivers who get speeding tickets, but it would rank lower (worse) if it had strong legal protections for injured parties.

Unfortunately, that type of thinking is typical when profits are valued over responsibility.