Just the threat of a lawsuit can be worth millions
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Companies have in recent years found the better part of valor in settling out of court to avoid the possibility of suffering a verdict that could put them out of business.
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Companies have in recent years found the better part of valor in settling out of court to avoid the possibility of suffering a verdict that could put them out of business.

WASHINGTON (Map, News) - When Sprint agreed last month to a $57.5 million settlement, it escaped a multi-billion dollar class action securities suit by paying only a tiny percentage of the damages claimed by plaintiffs.

The settlement represented only 4.4 percent of the $1.3 billion the plaintiffs said represented the minimum of damages they allegedly suffered when the Kansas City telecommunications firm combined two tracking stocks.

In court documents, the company said it agreed to the settlement to avoid the risk and costs of litigating the suit to a conclusion in court. Put another way, Sprint paid to make the suit “go away.”

Lots of companies have in recent years found the better part of valor in settling out of court to avoid the possibility of suffering a verdict that could put them out of business.

Nowhere is this trend more evident than in California where, according to Trial Lawyers, Inc., out-of-control liabilities lawyers have feasted on high-tech companies by using threatened litigation to gain lucrative settlements.

Leading this charge for many years was recently convicted class action securities star William Lerach, who accounted for more than $6 billion in settlements between 1997 and 2004, with an estimated $2 billion of that going to his New York and San Diego-based law firms.

Lerach recently pleaded guilty to a felony count for participating in an $11.8 million kickback scheme that federal prosecutors said involved more than 150 cases and generated more than $200 million in fees paid to the New York-based Milberg Weiss law firm where for many years he was a major partner.

Silicon Valley is especially vulnerable to such suits, according to Trial Lawyer Inc., a Manhattan Institute-based project that aggressively tracks and researches the activities of liabilities lawyers.

“High-tech companies’ shares and revenues are inherently volatile, and whenever these businesses must restate their finances or suffer a drop in stock price, they become prime targets of the plaintiffs’ bar,” TLI said in its 2005 report on California.

Between 1997 and 2004, nearly half of all class action securities suits filed in federal courts were against high-tech firms in California and elsewhere. The Golden State’s Ninth Circuit was by far the favorite locale for the suits, with 456. Following the Ninth Circuit were New York’s Second Circuit and Florida’s 11th, with 341 and 180 cases, respectively.

In terms of settlements, California also led the way, with the Ninth Circuit compiling 131 and New York’s Second 70, according to data compiled by TLI. Pennsylvania’s Third Circuit just edged past Florida’s 11th with 51, compared with the latter’s 50.

 Next on the liabilities lawyers’ list of targets are such industries as bio-tech. Suits against bio-tech firms across the country have been on the rise in recent years, tripling between just 2001 and 2003, according to TLI. California and Maryland, which have the largest concentrations of bio-tech companies, will likely be hit hardest.

"Lawyers Gone Wild" is a series of special reports by The Examiner looking at the cost and consequences of class action lawsuit abuse in the United States. Read the latest articles in the series.


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6:10 AM MST on Thu., Mar. 20, 2008 re: "Democratic rivals mum on firm’s dirty cash"

Joe said:
Hillary Clinton is only honest when she gets caught, and then, not always.

11 agree | 3 disagree
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8:16 PM MST on Fri., Mar. 7, 2008 re: "Just the threat of a lawsuit can be worth millions"

Examiner Reader said:
My attorney did not to help my case against a city in RI, no investigation, no interviews, no discovery.How do I sue him for not doing the job I hired him to do? Swansong

8 agree | 9 disagree
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1:08 PM MST on Wed., Oct. 3, 2007 re: "How important are judges?"

Steve White said:
I'm glad to read this series, but I also think there should be a lot more attention paid, not to how big companies get screwed over by the legal system, but how normal people without big money get abused in civil lawsuits, divorce cases, child custody, etc. The Constitution says you have a right to represent yourself in court, maybe the courts should facilitate that, rather than trying to make it hard.

172 agree | 166 disagree
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2:18 PM MST on Mon., Oct. 1, 2007 re: "How important are judges?"

Examiner Reader said:
Why is the Judicial Hellholes report making such a big deal about a quote that is from a book that was 8 years old at the time of the report? Why are you making such a big deal about that quote, and why do you seem to be blindly relying on a report that so blatantly misuses and misunderstands the quote?

167 agree | 179 disagree
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2:16 PM MST on Mon., Oct. 1, 2007 re: "How important are judges?"

Examiner Reader said:
So this Judicial Hellholes report seems to be where you got the Judge Neely quote, and they do the same thing with it. They ignore the fact that Neely's book supports at least some of their points, and twist the quote to support their cause. This tells me that maybe the Judicial Hellholes report that you seem to have fallen in love with is probably not very accurate or reliable.

192 agree | 157 disagree
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2:01 PM MST on Mon., Oct. 1, 2007 re: "How important are judges?"

Examiner Reader said:
Your quote from Judge Neely is ridiculous. It is totally out of context. It was taken from a 1998 book in which he argues that product liability law has gotten out of hand and that state courts are helping home state plaintiffs at the expense of out state companies. His book is, at least partially and most likely more honestly, arguing your point. But you feel compelled to quote him out of context, to argue a point that is the opposite of his book's conclusion. He actually calls for the US Supreme Court to step in and review state court decisions to make sure they are fair to out of state companies. I sure hope this was an honest mistake by you, Ms. Chumley.

160 agree | 154 disagree
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11:18 AM MST on Mon., Oct. 1, 2007 re: "How important are judges?"

not me said:
this article is so insanely one-sided. for example, what of all the money that defense firms give to judges who they think will help them?

176 agree | 179 disagree
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11:03 AM MST on Fri., Sep. 21, 2007 re: "Donations from lawyers sometimes spell trouble"

Examiner Reader said:
Say it isn't so. Trial lawyers convicted of crimes contributing to Democrat candidates and Democrat causes. Here I though that the Democrat controlled Congress (the opposite of Progress) was going to fix all of that!!!! No wonder Congress has half the approval ratings of the President.

191 agree | 203 disagree
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1:08 PM MST on Sat., Sep. 15, 2007 re: "High-dollar settlements mark class action cases"

Examiner Reader said:
It is difficult to determine how reasonable these fees are without knowing more about the amount of work required to achieve these settements and the amount of risk taken by these lawyers. In general, the amounts seem high, but aren't these fees the result of contracts negotiated between the lawyers and their clients? If the governrment starts putting caps on these fees, will it then try to cap the salaries and binuses paid to corporate CEOs?

184 agree | 223 disagree
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4:17 AM MST on Fri., Sep. 14, 2007 re: "High-dollar settlements mark class action cases"

Examiner Reader said:
Nice series of stories. OK, I can see that these lawyers and law firms are making obscene amounts of money off of suits and settlements. But what about the problem of lead paint, even if it was painted decades ago? If it's hurting people, shouldn't it be cleaned up? So how can we protect citizens and prevent abuse at the same time?

244 agree | 222 disagree
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