Texans for Lawsuit Reform

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In the News

Hip Suit Needs Lawyer Replacement

The Wall Street Journal, April 27, 2018

By: The Editorial Board

‘Only God makes a perfect hip,” trial lawyer Mark Lanier once observed, which must be news to millions of patients who’ve needed a hip replacement. But Mr. Lanier’s specialty is suing over those replacements, and this week he was slapped down for distortions in court.

On Wednesday the Fifth Circuit Court of Appeals overturned a verdict that awarded $151 million to five people who claimed to have suffered from Johnson & Johnson’s Pinnacle hip implants. The three-judge panel ruled that U.S. district court Judge Ed Kinkeade in Dallas had erred in allowing Mr. Lanier to present “inflammatory character evidence” against J&J.

Mr. Lanier’s stunts were so “obvious, egregious and impactful” that they prejudiced the jury against the company, wrote appellate Judge Jerry Smith. The jury had originally awarded $502 million before Judge Kinkeade reduced it to the merely extortionary $151 million. That would still be a nice payday for Mr. Lanier, since tort lawyers in Texas typically get 40% of the award.

Though it was irrelevant to the case, Mr. Lanier regaled the jury with alleged tales of how J&J associates may have paid bribes in Saddam Hussein’s Iraq. He also recounted a former employee’s allegations of racism at Johnson & Johnson. “Lanier tainted the result by inviting the jury to infer guilt based on no more than prior bad acts” and “that alone provides grounds for a new trial,” Judge Smith wrote.

Mr. Lanier also told the jury that two of his expert witnesses were unpaid and thus unbiased. “Lanier repeatedly leveraged the false contrast between [Johnson & Johnson’s] paid mercenaries and the plaintiffs’ unpaid altruists to his clients’ advantage,” Judge Smith wrote. But Mr. Lanier had already donated $10,000 to a charity on one witness’s behalf, and after the trial he paid the two of them a total of $65,000.

“Lawyers cannot engage with a favorable expert, pay him ‘for his time,’ then invite him to testify as a purportedly ‘non-retained’ neutral party,” Judge Smith wrote. “That’s deception, plain and simple. And to follow that up with a post-trial ‘thank you’ check merely compounds the professional indiscretion.”

The case is headed for a retrial with Mr. Lanier (alas) and the same judge, who we hope has learned a lesson in policing dishonesty.

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Texans for Lawsuit Reform

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Texans for Lawsuit Reform

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Texans for Lawsuit Reform

1 day ago

Texans for Lawsuit Reform

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Texans for Lawsuit Reform

2 days ago

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lawsuitreform avatarTLR@lawsuitreform·
35m 1542991625462464513

TLR is working to make the Texas legal system fair, efficient, and accessible for all. Learn more: #tortreform #stoplawsuitabuse

About - Texans for Lawsuit Reform

TLR's objective is to restore litigation to its traditional and appropriate role in our society. A lawsuit takes a heavy emotional and financial toll ...

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lawsuitreform avatarTLR@lawsuitreform·
7h 1542901497490456578

#ICYMI: Certain business courts like the Delaware Court of Chancery can be an important addition to a state’s economic foundation. These courts quickly & expertly handle complex business litigation freeing up other courts to handle other cases. Read & RT:

Making Business Our Business

Much has been written about Elon Musk—eccentric billionaire, CEO of some of the most innovative companies in the world and… future owner of Twitte...

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lawsuitreform avatarTLR@lawsuitreform·
30 Jun 1542629262443905024

Fighting lawsuit abuse keeps our courts fair and our economy strong. Learn more →

About - Texans for Lawsuit Reform

TLR's objective is to restore litigation to its traditional and appropriate role in our society. A lawsuit takes a heavy emotional and financial toll ...

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Texans for Lawsuit Reform
1701 Brun Street
Houston, Texas 77019

Ph. 713-963-9363
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