Home -> Law Blog Directory -> Ethics Blogs -> Legal Ethics Forum
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Ethics
: Legal Ethics ForumCodification of Claims Facilities
Not surprisingly, there is a bill pending in Texas to codify the kind of claims facility that BP and Kenneth Feinberg established for the Gulf oil spill. The bill protects defendants who are responsikble for negligent acts that cause death, personal injury, or property damage to two or more people, or who produce defective products that kill or otherwise injure two or more people.
Lawyers for claimants are made to assist the administrator of the claims facility (here called a "voluntary compensaiton plan"), and have their compensation stringently limited. The administrator is permitted to negotiate directly with represented claimants, and cannot be held liable for a breach of good faith and fair dealing, or for violating the Deceptive Practices - Consumer Protection Act, or for a breach of any other common law or statutory duty. There's more, of course.
The effect of these claims facilities, as we have seen in the BP matter, is to restrict access to legal services, to interfere with claimants' lawyer-client relationshps, to impair due process of law, and to exempt the claims administrator from ethical obligations.
I don't understand why people who are concerned with lawyers' ethics appear to be passive about this kind of outrage.
Full post as published by Legal Ethics Forum on March 14, 2011 (boomark / email).
Paxil Lawsuit
Paxil Claims, Lawsuits, and Injuries
Lawsuit Filed Against Legacy Health Care Facilities for Nursing Home Abuse
Legacy Health Care Facilities Face Class Action Over Allegations of Abuse
Pittsburgh Health Care Facilities
Facing Wages Class Actions
False Claims
Attorney Robert Arledge ordered to pay $5.8 million after making false Fen Phen settlement claims.
Golden Gate National Recreation Area
allegedly failed to provide adequate facilities for the disabled.
LINA - Cigna Life Insurance Company of North America Disability Claims
LINA Insurance alleging violations of disability insurance claims.
Bayer to Pay $3.3 Million To Settle One A Day Vitamin Claims
Bayer to Pay $3.3 Million To Settle One A Day Vitamin Claims

Publication on Oregons New Choice-of-Law Codification for Torts
Early Problems for XBRL A Mismatch with FASB's GAAP Codification
FASB Codification of US GAAP Takes Effect
Symeonides on Tort Conflicts in Orgeon
FASB Codification Released; One Year Verification Phase Begins








