Jackson Municipal Judge urges residents to file contingency fee lawsuits

Dickie Scruggs once had this to say about "magic jurisdictions" where judges favored lawsuits and defendants didn't have much of a chance.

[W]hat I call the “magic jurisdiction,”...[is] where the judiciary is elected with verdict money. The trial lawyers have established relationships with the judges that are elected; they’re State Court judges; they’re popul[ists]. They’ve got large populations of voters who are in on the deal, they’re getting their [piece] in many cases. And so, it’s a political force in their jurisdiction, and it’s almost impossible to get a fair trial if you’re a defendant in some of these places. The plaintiff lawyer walks in there and writes the number on the blackboard, and the first juror meets the last one coming out the door with that amount of money. . . . The cases are not won in the courtroom. They’re won on the back roads long before the case goes to trial. Any lawyer fresh out of law school can walk in there and win the case, so it doesn’t matter what the evidence or the law is.

Certainly a municipal judge is different from what he was speaking about, but lest you think Mississippi's judiciary has swung away from favoring trial lawyers comes this story from Saturday's Clarion Ledger where a judge is actually advocating people to file lawsuits, to come together to file them as a class action, and to not worry about the cost because lawyers will take the case on a contingency fee, or a portion of the win.

Municipal Court Judge Ali ShamsiDeen, who spoke at the meeting, had some unconventional advice - sue.

ShamsiDeen said property owners can file simple negligence or nuisance lawsuits against property owners if they can show damages, such as decreases in property values attributable to the blighted property.

Damages in such lawsuits can cover more than monetary losses, including mental anguish or loss of the use and enjoyment of property "because of all these boarded up houses and the dope traffic," he said.

"People are going to have to become more involved in their communities," ShamsiDeen said. "One way is through civil suits."

ShamsiDeen said using tort law to attack blight is "new territory," but it is catching on as cities try to counteract the damaging effects of large numbers of vacant properties.

"The person or persons you are going after don't have to be breaking the law," he said. "Your claim is that (the property owner's) negligence has impacted your home negatively. You aren't looking for a crime. You are looking for cause and effect."

Such litigation can take months or even years to complete, but ShamsiDeen said it costs $155 to file suit and lawyers often take such cases on a contingency basis if a defendant with deep enough pockets can be found.

"One way to attack the problem is as a class action," he said. "The whole neighborhood can sue."

Some attorneys still frown on lawyers going out to chase ambulances for cases, here is an example of a judge doing it for them.

US Attorney Hopeful Would Never Protest Fellow Democrats

If this were a Republican nominee for U.S. Attorney, the left would be going nuts.

Northern District U.S. Attorney hopeful Christi McCoy, among those at the fundraiser, said she may not always support Childers, but she would never protest a fellow Democrat.

"It shows public discord within my party," McCoy said, making Democrats "seem vulnerable."

Frankly, we don't care whether she protests a fellow Democrat or not, as long as she will prosecute regardless of party or friendship...unlike our Attorney General who said prosecuting Joey Langston, Steve Patterson and Tim Balducci "would be like prosecuting a relative."

Jim Hood and Brandon Presley's Political Roadshows

It isn't unusual for politicians to do tours of their districts. Heck, that is part of the power of incumbency, you get to go out and meet the voters in your official capacity. We noticed two incumbents launched tours last week: Attorney General Jim Hood and Northern District Public Service Commissioner Brandon Presley.

Jim Hood is doing his "Did You Know?" tour that his office describes as a "grassroots initiative" to tell Mississippians what it is the Attorney General's Office does. The trip includes visits to Meridian, Hattiesburg, Laurel, Gulfport, Moss Point, Vicksburg, Lexington, Tupelo, Starkville, Columbus, Natchez, Clarksdale, and Batesville.

Coming up on his seventh year in office, I guess its about time people find out what he does. The commenters over at Y'all Politics have had fun with this.

Brandon Presley's roadshow is different, he is setting up regular office hours in the county's in his district. He will be counting on staff to fill these offices, not himself obviously, because many counties have the same times on the same days. For example on the first and third Tuesday of each month he will have office hours in Winston, Tate, Pontotoc, Coahoma, Monroe, and Montgomery counties all at the same time (9-11am). Assuming he staffs one of them himself, that means he'll have five Public Service Commission staffers working the other courthouse offices. He also has office hours over-lapping the second and fourth Tuesday of every month, every Wednesday of every month, and the second and third Thursday of every month.

Its a good thing Presley argued for additional staff during the session and budget standoff that the Stimulus provided $824,901 to the PSC for additional staff, they obviously are in dire need of more staff to occupy courthouses in North Mississippi.

ObamaCare is Uncool

Despite pictures and audio clips of corporate sponsorship, House Dems may exonerate Bennie Thompson's travel

The National Legal and Policy Center comments on a Roll Call report that the House Ethics Committee may clear Bennie Thompson and others who attended a carribean junket with corporate sponsors in violation of House Ethics rules.

If this is true, we are not surprised. When we provided photographs and audio recordings from the trip at the request of the Committee in May, we made clear that our willingness to do so was not an endorsement of the Ethics Committee process, which has again proven to be a joke.

Rep. G. K. Butterfield (D-NC), a member of the CBC, who was appointed just days after the CBC publicly objected to the probe, heads the investigation of the trip. He went on the same trip in a previous year.

Because the violations of House Rules by Rangel and Co. were so clear-cut, the Committee maintains its reputation for ineffectiveness. The Rules against corporate sponsorship of multi-day Congressional travel and hospitality were tightened at the behest of House Speaker Nancy Pelosi herself in the wake of the Jack Abramoff golf trip to Scotland. The new Rules apparently do not trump partisan and racial double standards.

If it will not do anything about five members of Congress taking a junket to sunny St. Maarten, courtesy of Citigroup and other corporations, how is it ever going to deal the complicated cases of John Murtha’s “pay to play” empire and Charles Rangel’s tax evasion and hiding of assets?

The answer is that it can’t and probably will not.

Emmerich: Leglislature should end Hood's contingency practices

Wyatt Emmerich says its time the legislature reign in the practice of Attorney General Jim Hood in awarding contracts to his campaign contributors.

The Wall Street Journal has been highly critical of Mississippi Attorney General Jim Hood. America’s most powerful newspaper has made Hood the target of at least a half dozen critical editorials.

This week the journal wrote: “In Mississippi, the state attorney general determines when the public employees retirement fund should bring a securities class action and which outside firms will represent the fund. Would you be shocked to learn that Attorney General Jim Hood has frequently chosen law firms that have donated to his campaigns?”

The journal noted that the law firm of Bernstein Litowitz received $40 million in fees. The firm was chosen by Hood just days after Hood received $25,000 in donations from Bernstein Litowitz attorneys.

It is time for the Legislature to put a stop to this practice. This kind of legal work needs to be bid out on a per hour basis. Mississippi taxpayers need to be receiving the settlement money, not some out-of-state law firm that is putting money in a politician’s pocket.

Obama, Childers...I want my money back

The Obama Administration said if Congress passed the $787 billion stimulus package, that unemployment would peak at 8 percent. Travis Childers listened and voted to spend that nearly one trillion dollars. Unemployment has reached 10.2 percent.

I want my money back.