Finally, a plaintiff’s case that tort reformers can love

scales_of_justice5.jpgTurnabout is fair play as this Third Circuit decision holds that the plaintiffs in a settled asbestos class action can pursue a class action against their lawyers for breach of fiduciary duty. The theory of the plaintiffs’ case is that their former class action attorneys did not disclose to the plaintiffs fee arrangements that the lawyers routinely made with local counsel that allegedly led to lower settlement payments for the plaintiffs. Not the greatest theory in the world, but what the heck.
At any rate, a U.S. District Court declined to certify the class and granted summary judgment for the defendant plaintiff’s lawyers, but a divided Third Circuit panel reversed and remanded on the grounds that the District Court used the wrong standard in evaluating the plaintiffs’ claims. Thus, under applicable Texas law, the appellate court ruled that the plaintiffs’ are entitled to proceed with their claims. As a result, a legal theory based on Texas law that tort reformers probably oppose is being used to pursue taking money out of the pockets of plaintiff’s lawyers, which is certainly something that the tort reformers support. This is a great state, isn’t it?
Hat tip to Robert Loblaw for the link to the Third Circuit decision.

Troubles in the pulpit

pulpit.jpgIt was not a good week in the church business last week.
First, as this Findlaw article reports, the Baptist General Convention of Texas is trying to figure out what happened to $1.3 million that was raised to help start hundreds of churches in the Rio Grande Valley of Texas. Apparently, three pastors reported that they had started 258 churches in the Valley over the past decade, but only “five to 10” of those churches actually exist. Yup, those things happen even in the pulpit, folks.
Meanwhile, the Ted Haggard affair moved into the mainstream of the pre-election gamesmanship while distracting most from the real issue, which is the risk of elevating personality over worship within the megachurch movement in the U.S. (Ben Witherington has insightful comments on that issue here). The Richard Dawkins interview of Haggard below reveals that Haggard is indeed wound pretty tight, but my sense is that Dawkins does not come off looking any better than Haggard. I mean really. Why should Dawkins care that Haggard or his ilk talks to people about what Dawkins considers to be myths? Nobody is forcing these folks to go to church and it’s not as if Dawkins suffers from a lack of forums in which to express his views. In that regard, here are the letters that Haggard and his wife Gayle wrote to the New Life Church congregation upon his removal from the church and which were read to the congregation yesterday. Gayle’s letter includes the following observation, which is pretty remarkable under the circumstances:

For those of you who have been concerned that my marriage was so perfect I could not possibly relate to the women who are facing great difficulties, know that this will never again be the case.

Finally, from a far different and more civil time, Ann Althouse brings us this very clever interview between Woody Allen and Billy Graham. I particularly enjoyed Allen’s answer to the question from the audience on his worst sin. Don’t miss it.

2006 Weekly local football review

Donnie Avery.jpgGiants 14 Texans 10

In a game that set offense back to the days prior to development of the T formation, the Giants (6-2) hung on to beat the Texans (2-6) as neither team could muster 300 yards total offense. About the only good thing about Texans QB David Carr’s 5.7 yds per pass was that it was better than Giants QB Eli Manning’s 5.6 yds per pass. The Texans actually had a shot at winning the game late in the 4th quarter when FB Jameel Cook coughed up a fumble after catching a short pass at the Giants’ 35 yard line. That was the Texans’ only turnover in the game, but the margin of error is pretty thin when the offense can only muster 250 total offense. The Texans travel to Jacksonville next Sunday for what could be an ugly revenge game with the Jaguars (5-3) before returning home for a winnable game the following Sunday against the Bills (3-5).

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