Why I Hate Class Action Lawsuits

Following is a summary of a proposed settlement of a class action lawsuit that appeared in the June 10, 2007 issue of the Parade Magazine:

• Lawyers filing the suit alleged that the manufacturer of TrimSpa X32 made false and misleading statements in advertising their product. The manufacturer denied the allegation, but nevertheless agreed to the proposed settlement.
• Individuals who request a "Proof of Claim" form, fill it out, and sign it under penalty of perjury, attesting that they purchased at least one bottle of the offending product are entitled to the following for each bottle purchased:

1. a check for $1.00,

2. a free bottle of the manufacturer's multivitamin tablets, and

3. a $5.00 coupon to be used on other products made by the manufacturer.

• The attorneys who filed the lawsuits will apply for attorneys' fees and expenses of up to $3,428,000.00.

No editorial comment is necessary.

Reflections on a Life

My college roomate died yesterday. He was 64, and we'd known each other for 46 years.
We shared a Pittsburgh working class background and, for many years, a block of Steeler season tickets. We were, I think, very different. As a lawyer, I often had one too many hands (you know, a lawyer answers a question, then says, "on the other hand" ...); as an engineer, he usually had one too few. There was only one answer. At times I envied his certainty, but mostly I learned to just keep quiet about certain things.
He ate too much, smoked too much and, for a time, drank too much. He took too little care of himself.
He was married to his high school sweetheart for 42 years and together they raised four great kids.
While we've remained in contact, we haven't been close for quit some time. I know that my sense of loss can't compare to that felt by his family and close friends. Nevertheless, he and I walked together through a lot of life's experiences. I'll miss him.

Ramblings

It was 1990 when the epic Ken Burns documentary on the Civil War aired on PBS. I saw a lot of it, but certainly not all 11 hours. One of the featured commentators was Shelby Foote, a Mississippi born novelist and historian. Like many others, I was charmed by his drawl, erudition and his quirk of speaking as if the was was still going on. Twenty-seven years later, and 2 years after Foote's death, I'm finally getting around to reading his trilogy The Civil War: A Narrative.
As frustrated as I am by the state of the world and the spewing of venom that passes for political debate today, Foote's work is helping me to keep things in perspective. Then, as now, warring factions each claim God to be their ally and accuse the other of doing the work of the devil. Then, as now, politicians accuse each other of being in the pockets of "special interests" and being out of touch with the will of the people and/or reality and/or common sense.
Our nation survived the Civil War, although we were surely changed by it. We were no longer a "union" voluntarily entered into by the "willing states". We got rid of slavery and created a powerful nation, but the concept of state sovereignty largely went out the window.
I am convinced we will overcome our current troubles, although, again, we will be changed. The jury is still out on what will become of "habeas corpus", protection against unreasonable searches and the right to a speedy trial by a jury of ones peers. There's no question were becoming a little less free. Maybe the idealistic rights and protections in our constitution can't stand up to suicide bombers, saturday night specials, sexual predators, weapons of mass destruction and, of course unrestrained campaign spending.