By the time the Rhode Island Supreme Court ruled that the lead paint public nuisance case should have been dismissed, the RI Attorney General Sheldon Whitehouse who put this in play had already moved on. He is a U.S. Senator. The RI AG who decided to continue with this litigation after a mistrial Patrick Lynch may not be so fortunate. As the incumbent he could bear the career consequences of a decision that the RI SC unanimously ruled against and possible actions by the defendants Sherwin-Williams, NL Industries and Millennium Holdings to be reimbursed for almost a decade of legal expenses.
One lead paint watcher in Connecticut notes, off the record, "Patrick Lynch took big risks and knew it could backfire. Well, it did. And now he has to pay the piper both in terms of the law and that dcision and his reputation."
The owner of the trial court should be held accountable generated by the incompetent, biased judge. It is the responsibility of the judge to stop meritless claims. Judge immunity from judge malpractice lawsuits must end. This would be the single most effective way to end litigiousness. Make the judge buy liability insurance. If he generates many claims by allowing frivolous lawsuits (most) in the court, let the insurance company refuse to cover him, forcing him to leave.
Posted by: Supremacy Claus | July 07, 2008 at 04:53 AM