Anthony Buzbee places foot squarely in his mouth

Buzbee.jpgAs noted previously here and here, it is well known around the U.S. that the Rio Grande Valley and much of the Coastal Plain southwest of the Houston metro area is a plaintiff’s lawyer’s paradise.
It’s just not everyday that a plaintiff’s lawyer — in this case, Friendswood lawyer Anthony Buzbee — brags about it to a roomful of defense lawyers. While being recorded. Which results in a prominent Nathan Koppel/Wall Street Journal ($) article and a blog post in Peter Lattman’s popular WSJ Law Blog.
Not surprisingly, the recording of Buzbee’s talk is being used at the state legislature by lobbyists and legislators wanting to change one of the favorable venue provisions that Buzbee bragged about in his talk.
Longtime Houston plaintiff’s lawyer Ronnie Krist pretty well summed up in the WSJ article how most plaintiff’s lawyers are reacting to Buzbee’s talk:

“Lawyers are always looking for a more favorable venue, but to say in a public forum that notwithstanding the evidence, an Hispanic jury and judge will allow you to win undermines public confidence” in the system, he says. “Those are the sorts of things you shouldn’t whisper to your wife in the middle of the night.”

The remarkable evolution of open heart surgery

openheartsurgery.jpegGiven the importance of Houston’s Texas Medical Center in the development of open heart surgery (see here and here), a couple of recent NY Times articles focusing on open heart surgery caught my attention.
First, in this article, David Schribman compares his recent open heart surgery to the heart surgery that a childhood friend endured 42 years ago.
Next, following on this earlier post, this NY Times article reports that safety concerns are increasing over the long-term risks of stents used in angioplasty procedures. New data is indicating that the sickest heart patients may actually live longer if they receive bypass surgery rather than the angioplasty, which is prompting some well-known heart surgeons and cardiologists to conclude that the pendulum has swung too far away from bypass surgery.
Finally, the Times provides this extraordinary slide show of open heart surgery. The slide show is a powerful reminder that — despite the now common nature of bypass surgery — it is still not as routine as changing a flat tire.

The curious attraction of the NFL Draft

nfldraft.jpgThis earlier post noted the institutionalized fanaticism that is involved in the recruitment of big-time college football players. But that fanaticism is really nothing compared to the obsession that many professional football fans will indulge over the next several weeks as National Football League teams prepares for its annual draft of minor league, er . . I mean, “college” players in mid-April.
Inasmuch as many folks in Houston believe that the poor performance of the Houston Texans during their five seasons of existence is attributable to the poor draft picks of Texans’ management (I’m not convinced that’s entirely correct, but oh well), we are bombarded in these football-crazed parts over the next several weeks with media coverage of who the Texans and other NFL teams should choose in the draft. I’ve always had this vague notion that all this attention given to who NFL teams should choose might actually push the teams toward making poor choices, but I’ve never really been able to put my finger on any support for that notion.
Well, American Enterprise Institute scholar Kevin Hassett just might have the answer. According to an ongoing study that Yale University economist Cade Massey and University of Chicago economist Richard Thaler are conducting, Hassett reports that the Texans likely would have been much better off trading their high draft picks from past drafts for mutiple lower draft picks that the team could have used to buy more good players:

To recap, Massey and Thaler studied the draft and found that teams make systematic errors. They tend to place too high a value on the top players and too low a value on draft picks a little farther down.
The problem is, the very top players in the draft receive very high salaries. Even if they compete brilliantly, it’s hard for them to outperform their earnings. But by definition, since all teams have to operate within the same salary cap, winners have to have teams that are filled with players who outperform their paychecks.
Last year’s top overall pick, Mario Williams of the Houston Texans, is a nice example. He received a salary package worth $54 million over six years — and proceeded to play like a fairly mediocre defensive end. He was the sixth-leading tackler on his team, and recorded only 4 1/2 sacks.
While those numbers suggest Williams will be a serviceable NFL competitor, he was compensated as one of the best defensive players in the league. And since the total salary bill for the team is capped by the league, the money spent on Williams is money that can’t be spent on players at other positions. That undermines their ability to compete.
On the other hand, players a little farther down in the draft can be enormous bargains. Take Houston’s second-round pick DeMeco Ryans. He led the NFL in tackles, but only received a contract of $5 million over four years. Good teams fill their roster with such deals and avoid committing huge resources to the big-money players like Williams.

In other words, the Texans need more DeMeco Ryans and fewer David Carrs and Mario Williams, although it’s a bit early to write off the Williams pick as a bust on the level of the Carr pick. Hassett’s point is also supported by the success of the New England Patriots, who have used a model of emphasizing quality depth over star players in building one of the most successful NFL teams over the past decade. During most of that time, the Patriots were picking at the bottom of the draft board while, over the past five years, the Texans have been picking at or near the top.