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Saturday, March 29, 2008
Carl Horowitz :: Townhall.com Columnist
Dickie Scruggs: A Legal Career Up In Smoke
by Carl Horowitz
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Dickie Scruggs was sitting on top of the world. Plaintiffs' attorneys had coaxed nearly $15.5 billion in reimbursed fees from Big Tobacco. His firm's share was nearly $1 billion. And he wasn't afraid to spend it. "Immediately, we went through a period of buying faster planes, bigger boats and nicer cars," he later ruminated. "The obscene amounts of money being handed out certainly damaged our cause before Congress and in the public." Prosecutors echoed this view. "The pursuit of perfection became the enemy of the good. We should have accepted less," said Iowa Attorney General Tom Miller. Now they tell us.

Scruggs' career never again would achieve the same heights. It was not for want of trying. In 2000, he led class-action lawsuits in four states and Puerto Rico against Novartis, maker of the drug Ritalin, plus the American Psychiatric Association and the nonprofit Children and Adults with Attention Deficit/Hyperactivity Disorder (CHADD). Scruggs alleged that Ritalin was a "huge risk," "grossly over-prescribed" and designed to treat a nonexistent disorder. The gambit didn't pan out. In all five jurisdictions, the court dismissed the suit before trial or the plaintiffs dropped the suit.

Hurricane Katrina would prove to be his downfall. The August 2005 storm and resulting floods caused an estimated $81.2 billion in property damage. A few months later, Scruggs formed the Scruggs Katrina Group (SKG), consisting of plaintiffs' lawyers representing Gulf Coast policy holders whose claims had been denied by major insurance companies. This case was personal as well as business. Pascagoula beach homes belonging to Scruggs and brother-in-law Senator Lott were among properties demolished.

The plaintiffs reached an $80 million settlement with State Farm, producing $26.5 million in legal fees for SKG. Unfortunately for Scruggs, a rival litigator, Jones, Funderberg, Sessums, Peterson & Lee, thought it was getting short-changed. The firm's lead partner, John Griffin Jones, sued to get some of that money.

Dickie Scruggs wasn't about to yield. In March 2007 he and four persons -- all future defendants -- paid Judge Henry Lackey a visit to make him an offer: Rule in our favor and we'll make you richer. Lackey, not wanting to bring legal troubles upon himself, quickly reported the incident to the FBI. That in turn led to an undercover sting operation. Timothy Balducci, a New Albany, Miss. lawyer, along with former Mississippi State Auditor Steven Patterson, decided to cop a plea and work with the feds. During September 27-November 1, 2007, Balducci made three cash payments to Judge Lackey totaling $50,000. "We paid for this ruling; let's be sure it says what we want it to say," Balducci told Zach Scruggs and Sid Backstrom.

The indictments came down not long after. Instantly, Dickie Scruggs became radioactive to his friends atop the Democratic Party food chain. Senator Hillary Clinton cancelled a scheduled December 15 presidential campaign fundraiser at his home.

Scruggs insisted he'd been railroaded. His lawyer, John Keker, got that message out to the media. "I'll say this, [the judge] sure as hell didn't get bribed by Dick Scruggs or anyone else in his law firm," the San Francisco-based Keker told the Wall Street Journal. He repeated the story to the newspaper this month, accusing prosecutors of concocting a "manufactured crime." The remark ran on March 14, the very day Dickie Scruggs entered his guilty plea -- classic bad timing.

Scruggs' career, for all intents and purposes, is over. He's looking at a five-year prison term and disbarment. But his fall may reveal more about systemic than personal failings. Over the last several decades, the plaintiffs' bar has succeeded in expanding definitions of liability beyond what many people would consider reasonable. The lawsuit remains a necessary option, but in cynically opportunistic hands it has become a tool for fleecing deep pockets. At least some members of the profession, including those sitting on the bench, are saying "no." It's the next best thing to tort reform.

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About The Author

Carl F. Horowitz is director of the Organized Labor Accountability Project of the National Legal and Policy Center, a Townhall.com Gold Partner organization dedicated to promoting ethics in American public life.
 
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Beastie Boy, are you always
this dumb? Scruggs was and is a DEMO - get that straight. Oh, yes: Bush made him do it! You suffer from Bush Derangement Syndrome. The other sicko is that ambulance chaser John Edwards, who has the gall to lecture people about poverty as he builds his mansion. These people disgust me.

Moore motives, porn and alcohol
Being a former Mississippian, I always wondered about Mike Moore and his involvement with Scruggs in the tobacco suit. We always heard rumors of him getting paid off for bringing the suit as soon as he got out of office, then running for higher office.

Also, if injury to smokers, and the cost to the state is the motive, it would seem alcohol injury is even more costly, and would deserve a look. Disabilities, cost for treatment, medical bills, broken families, child support for the children and wives, etc.

Even the pornography industry and it's influence on men who abuse and damage women and children's lives after being influenced by varying degrees of porn would be a suitable target for pursuing damages. Of course, since most men were hooked on porn after Hefner mailed Playboy to all the male college students 30 plus years ago, it's not likely to happen. (most men would feel guilty for suing a company when they derive such pleasure from it's product) Porn has grown like Kudzu (a vicious acreage covering vine in the south). And wives could sue for emotional damages because their husbands are not able to truly connect emotionally with them, after the men have become addicted to having sex with images in their minds, instead of their wives.
The men could sue, for never being able to be totally sexually satisfied with a real human being for the same reason.

But sooner or later, we have got to stop being victims, and take responsibilty for our own actions. The money is not endless. And the working pool does not seem to be growing in this country.

Oh well, just rambling.

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