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May 14, 2008

That Edwards' Endorsement - Will this former plaintiff lawyer be next U.S. AG?

With John Edwards' endorsement of Barack Obama scheduled for tonight at a Grand Rapids, Michigan rally, we gotta wonder: Will this former plaintiff attorney be our next U.S. AG? 

That was a possibility which was bounced around when Edwards gave up on the run for president.  To many he didn't seem like a good fit for the VP slot but a terrific one for the AG one.  And that had tort reformers worried.

For just this reason tomorrow's Rhode Island Supreme Court lead paint public nuisance looms even more important in assessing the strength of the plaintiff bar in the U.S.  If the RI SC Justices overturn the verdict for the state and acquit defendants Sherwin-Williams, NL Industries and Millennium Holdings, that could signal a significant setback for everything from class-action suits to novel legal theories such as public nuisance.

Regarding the latter, Peter J. Boyer's article on Dickie Scruggs in THE NEW YORKER highlighted that plaintiff attorney's creative approach to litigation.  Because of Scruggs' crash that maverick stance has taken a hit.  It could take a bigger hit if it turns out Motley Rice and the state of RI invested so much money and almost a decade of litigation to achieve nothing for the cause of childhood lead poisoning.

The next 12 months could radically change the balance of power between the plaintiff bar and U.S. industry.  Unfortunately, we are clueless which will wind up with the upper hand.

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