More from EoD on crime, contests and CALAs

Involuntary Redistribution of Assets (IRA) cases which use probate venues and/or probate instruments (wills, trusts, guardianships and powers of attorney) to loot assets of the dead and disable/incapacitated can manifest themselves in a number of ways.  The Marshall/Morrissey trial currently underway in Manhattan has the defendants facing criminal charges of defrauding the estate of Marshall’s mother, NY social doyenne and philanthropist Brooke Astor, of nearly $200 million.  Click here for the latest.  The looting itself is common.  It being treated as a criminal case is what’s unusual.  Most IRA cases are relegated to civil courts which immediately disadvantages rightful heirs.

As IRA cases often involve frivolous – even  malicious – lawsuits, EstateofDenial.com feels a kindred spirit to legal reform advocates.  Earlier this week, we posted information about the 2009 Wacky Warning Label Contest sponsored by the Foundation for Fair Civil Justice.  The contest highlights how as companies can’t always absorb spending ridiculous amounts of money on common sense warnings, these costs effectively result in consumers being subjected to a litigation tax.

This year’s winner was submitted by Steve Shiflett of Hampton, Georgia.  The label is attached to a portable toilet seat for outdoorsmen called “The Off-Road Commode” because it is designed to attach to a vehicle’s trailer hitch.  The warning label reads “Not for use on moving vehicles.”  Check out this video.

Our Texas audience needs to also be aware that an increase in abusive lawsuits could be on the horizon due to a bill currently before the Texas Legislature.  As our friends at Americans for Prosperity-TX aptly state “Texas has the greatest job growth in the country and more companies are moving to Texas than any other state.  Why?  We have been business and employee-friendly.”

Legislation as currently under consideration puts Texas’ future prosperity at risk.  Here are specifics from Texans Against Lawsuit Abuse:

Consumers Speak Out: “No-Proof” lawsuits will cost jobs

Right now, Texas lawmakers are considering a bill (SB 1123/HB 1811) that would invite a new wave of abusive lawsuits in our courts and threaten Texas jobs and employers large and small.

It is common sense that there should be proof that a person or business caused the injury, but this legislation (SB 1123/HB 1811)
would allow asbestos lawsuits with virtually no proof required that the defendant was responsible for the injury.  It would unleash a flood of speculative lawsuits against businesses large and small, hurting Texas employers and threatening jobs when we can least afford it.

What’s worse, this legislation isn’t even needed. Our state has good laws in place to ensure that people who are truly injured by asbestos have their cases expedited and receive fair compensation.

This bill is just an attempt by the personal injury lawyers to find an easier way to sue a bigger group of businesses…and with the “no-proof” standard, force them to the bargaining table.  In some circles, it’s called a shakedown.

Your local lawmaker needs to hear from you that voters oppose any efforts to create new ways to sue in Texas….especially lawsuits that require no proof of who caused an injury.

Additionally, Citizens Against Lawsuit Abuse Central Texas has released a new radio ad (smash_cala_ct) addressing efforts by some personal injury lawyers to chip away at civil justice reforms that have dramatically benefited the State and increased access to health care for Texans.

While this new potential wave of abusive lawsuits does not directly relate to IRA cases, legal predators displaced from one specialization or revenue stream will look to other income generation areas.  The aging Baby Boomer population in general and Texas’ specific desirability as a retirement destination could make estate planning – ultimately trolling for and/or orchestrating IRA cases – an appealing new opportunity.  This puts Texans and their property rights even more at risk.

Forewarned is forearmed.