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Five Things you should know today, October 11, 2012

by: Rob "EaBo Clipper" Eno

Thu Oct 11, 2012 at 08:18:10 AM EDT


1. Kravitz still silent on law license

David Kravitz is still silent on Elizabeth Warren's lack of law license....

2. Valley Patriot taking Lawrence to Court over Public Records

Tom Duggan, the publisher of the Valley Patriot, has been fighting with Lawrence to obtain public records he paid for over the Summer.  The Secretary of State has ordered Lawrence to turn over the records, and the Willy Lantigua administration has ignored them.  Here's Duggan's story:

As of today, October 9, 2012, Lawrence City Attorney Charles Boddy has yet to comply with A Freedom of Information Request for Public Documents that was initially filed in February.

The Valley Patriot filed court action last week claiming that Boddy is purposely refusing to turn over public documents that state law says must be turned over within ten days of request.

Not only is the Valley Patriot getting no response out of City Attorney Charlie Boddy on public records requests, The Secretary of State's Office themselves say multiple attempts to reach Attorney Boddy for a conversation on the matter have failed as well.

Rob "EaBo Clipper" Eno :: Five Things you should know today, October 11, 2012
3. Governor Patrick needs more money for Jones-Patrick Care

According to the State House News Service, Deval Patrick needs more money to implement the Jones-Patrick care price control reforms.  The Lowell Sun has the story.

With the task of implementing the state's new health-care cost-containment law under way, Patrick administration officials on Wednesday said additional legislation may need to be passed before the end of the year to allow the state's new health-policy arm to operate.

Additional spending authorizations could also be necessary for multiple agencies as they take on new tasks and shift some oversight and analytical responsibilities to other entities or staff up with new offices, phones and computers. A budget bill could wait until after Jan. 1 when the new Legislature convenes, officials said, and may also include spending authorizations to deal with the fallout from the state drug-lab debacle.

Asked whether his administration would meet target dates in the new law for creation of new agencies, boards and commissions, Gov. Deval Patrick said, "God willing and the creek don't rise, yes."

Patrick spoke briefly Wednesday morning at a briefing held by senior members of his administration, including Health and Human Services Secretary Judy Ann Bigby. State officials updated dozens of stakeholders on the implementation of the new law, which will begin to take effect early next month.

Will the Republican Leadership Office block this funding in informal session, or are they still fully on board with this legislation that has caused hundreds of Health Care industry layoffs already?

4. Brown hits back with Mesothelioma victim

You've seen the ads from Warren saying "Scott Brown is lying" about Warren's work with Travelers.  Of course he's not, and someone not affiliated with a Union has had enough and is hitting back for Brown.

5. NECN Tonight

I will be offering post and pre-debate commentary tonight on NECN at 6 PM on Broadside.

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If I'm not mistaken (0.00 / 0)
...the asbestos settlement had nothing to do with the asbestos workers union.

From what I gather, the settlement was for workers who were exposed to asbestos in trades NOT related to asbestos removal (plumbers, pipe fitters, shipyard workers, etc).

How can an "asbestos workers union"...people who remove asbestos for a living, claim they were harmed by asbestos because they weren't told, weren't protected, etc...???

The "union" is backing Warren because that's what unions do....Warren is using them because they have "asbestos" in their name....but it is not relevant.

"Gee, I had no idea..."  Simple J. (Festus) Malarkey  


There are no Asbestos Victims (0.00 / 0)
At least there are few living.  By the time an asbestos victim files a lawsuit and is therefore legally speaking a victim, he's old or dead.  By the time it's settled and paid, he's dead.  

At least the mining industry and Congress had the good sense to set up a Black Lung benefit, payable to the victim while he was still living.  No so with Asbestos.  Here's why:

The payout to an elderly, dead and dying person is small.

The payout to the Plaintiff attorney from 1) funding the trust 2) paying admin fees to the Plaintiff attorney from the trust is large.

Victims get 33%; plaintiff lawyer gets 66%.

The people driving these lawsuits and stifling Legislation are Plaintiff attorneys.  I've been to the asbestos conferences.  The plaintiff attorneys fly in, with their private jets, meet with the various committees that represent large insurance companies and corporations, strike a deal and fly out.  Asbestos is big business!

And it's a broken system:  

1: the plaintiff attorney want $ to be paid into the trust; they get 1/3 plus future fees.

2: The insurance company wants to pay money into the trust; they get certainty of settling and are out of future claims even WHEN the trust runs out of money.

3: The "victims" are dead or dying a either way aren't terribly motivated, first because they are dead and dying and second because the $ simply isn't that big.

Solution?  Congress should set up a fixed amount for any victim by Federal statute, more to those victims with major health issue and less to those with minor ailments.  Plaintiff lawyers lobby against this and as a result, it's gone nowhere.  

Instead, Congress went the direction to establish Asbestos Trusts and in doing so, have lined the Plaintiff lawyer pockets.  Theses are Eliz Warren's clients.

The task of the Plaintiff attorney is to exact as much $ from the insurance companies as possible to fund the Asbestos Trusts, which BTW, are in turn run by the same Plaintiff attorneys.

Chamber of Commerce on these trusts:

It is becoming clear that rather than acting to prevent abusive claims, the asbestos trusts are effectively encouraging fraud by inhibiting claims information sharing between the trusts and the tort system. We hope that Congress's growing attention to this important issue will ensure that the trusts operate in a manner fair to asbestos victims and job-creating businesses, not plaintiffs' lawyers and fraudulent claimants.

GAO on these trusts.

Elizabeth Warren: a bankruptcy professor, bankrupt of ideas


[ Parent ]
get the lawyers out of it (0.00 / 0)
Solution?  Congress should set up a fixed amount for any victim by Federal statute, more to those victims with major health issue and less to those with minor ailments.
Why only for former workers, what if someone got asbestosis from pipes in their basement, or the air? And why only asbestosis, why not other diseases, like emphysema from smoking cigarettes?

why not just treat everyone's medical problems and not look for a guilty party to blame? If that creates a moral hazard where companies have no incentive to be safe, we could have separate laws punishing companies that profit by sacrificing safety.


[ Parent ]
Are you kidding? (0.00 / 0)
why not just treat everyone's medical problems and not look for a guilty party to blame?

Because THERE IS SOMEONE TO BLAME......directly.  Not some "I smoked cigarettes AND I had asbestos in my basement AND I snorted too much popcorn dust AND I smelled too much miissile exhaust AND I inhaled too much burnt gun powder..."
There is a DIRECT negligence in certain cases......and when there is, the negligent party gets to lose big for being the negligent party.
If companies don't have to worry about that, they will behave in incredibally negligent manners and will ALWAYS be one step ahead of any federal law YOU could come up with.

"I acknowledge having racist and classist and sexist feelings of white male superiority." -John Howard


[ Parent ]
I think that's right (0.00 / 0)
The problem is that Asbestos has been turned into a racket for Plaintiff's attorneys.

People dying now from mesothelioma contracted it from any one of many sources: cigarettes with a certain type of filter, exposure on navy ships, manufacturing plants....

They live to an old age, at which point the money damages are calculated quite small compared to someone who is injured young, during his $ earning period of life.  And, there are hundreds of thousands of cases!

It's a battle of plantiff lawyer versus insurance companies.  The victims get a trickle of the proceeds with the lawyers getting well over 60%.


Elizabeth Warren: a bankruptcy professor, bankrupt of ideas


[ Parent ]
If we had universal health care (0.00 / 0)
then the government would be the insurer and so they'd take negligence very seriously. In most cases, there would be no criminal negligence and they'd just pay the doctors and hospitals to care for people with diseases without caring how they got it. But occasionally there'd be negligence and they'd fine the company and send people to prison.

What was the negligence in the asbestos case? Didn't they not know that it caused disease? Did they lie or something?


[ Parent ]
It wasn't (0.00 / 0)
a "healthcre" issue.  It was a "they came down with mesothelioma" issue.

"I acknowledge having racist and classist and sexist feelings of white male superiority." -John Howard

[ Parent ]
I don't understand (0.00 / 0)
You mean they sued for punitive damages or the value of the good years they had left? So the settlement was above and beyond the cost of their health care? I assumed it was to pay for their healthcare. What was the basis of their suit? What should the company have done that they didn't do?

[ Parent ]
Do your own (0.00 / 0)
digging.

"I acknowledge having racist and classist and sexist feelings of white male superiority." -John Howard

[ Parent ]
Where do I dig about that? (0.00 / 0)
You seem to know already. What are you busy or something?

[ Parent ]
Try Google (0.00 / 0)
....I have neither the time, nor the inclination to hold your hand.

"I acknowledge having racist and classist and sexist feelings of white male superiority." -John Howard

[ Parent ]
6. Scott Brown not only broke a promise to release client list, but also broke the law? (0.00 / 0)
http://www.boston.com/politica...

---
"That it ceased to exist, I'll grant you, but whether or not it failed cannot be definitively said." - Metropolitan (1990)


If This Is News ... (0.00 / 0)
If this is news than I would like to add:

7) My wife tells me that these people had a pledge that there would be no negative advertising during the campaign and that she actually expected that the pledge was for real. Heads should roll!


[ Parent ]
Lawyers make (0.00 / 0)
$600 per closing.  So if he did under 9 closings per client he is in full compliance.  A nothing complaint by the leader of the most corrupt political organization in aAmerica.

Full Disclosure


http://www.redmassgroup.com/pr...


[ Parent ]
One of the most (0.00 / 0)
pathetic things I've ever seen.

"I acknowledge having racist and classist and sexist feelings of white male superiority." -John Howard

[ Parent ]
LOL - Patrick is pulling out the big guns now guys !!!! : ) keep trying Patrick! (0.00 / 0)


Molon Labe

[ Parent ]
WOW - what a difference a couple years makes! (0.00 / 0)
Imagine walking up to David Kravitz in the middle of 2010 and saying Scott Brown is going to take the Kennedy Seat, and he'll be a lock for re-election 27 days before the 2012 election, and YOU DAVID, YOU will be running for the hills rather than debate Rob Eno on TV!

God that would be great!  The look on his face!

Molon Labe


Adverstise here for as low as $60 per week.








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