From our Publisher: Call it the “Mystery of the Missing Memo”

Sara Corcoran, Founding Publisher of the California Courts Monitor

Sara Corcoran, Founding Publisher of the California Courts Monitor

Sara Corcoran, correspondent and contributing editor, as well as founding publisher of the National Courts Monitor, is sleuthing to find a missing article about the so-called “Baron & Budd witness coaching memo,” which has gone missing from Wikipedia, where it resided for years.

Writes Sara in Huffington Post:

“The ‘Terrell memo,’ as it is also known in honor of the paralegal who is said to have written it, has been a standard and controversial document in asbestos litigation circles for at least a decade. Most recently, it was cited by a federal judge in North Carolina who found evidence of evidence suppression in a landmark bankruptcy case known as Garlock. Critics of the memo say it leads witnesses to lie; defenders say its just good legal work… The memo is also part of a current Texas civil lawsuit by Dallas journalist Christine Biederman. Earlier this year, when a Texas judge refused to unseal the testimony given by a prominent victims’ attorney named Russell Budd some 20 years ago, the journalist called it a ‘travesty.'”

Read more: https://www.huffingtonpost.com/entry/call-it-the-mystery-of-the-missing-memo_us_5a312d74e4b04bd8793e95fd

 

Victims Attorneys Confront Filmmaker After Asbestos Documentary Screening

Photo Credit: Image from 9/21/17 SE TexasRecord online report.

Photo Credit: Image from 9/21/17 SE TexasRecord online report.

In a panel discussing following a work-in-progress screening of his new asbestos documentary, filmmaker Paul Johnson might put at least two of America’s leading trail attorneys in the “needs more progress” category. The SE Texas Record reports that “… a couple of Texas’ most well-known toxic tort litigators had a few choice words after watching the unveiling of “Unsettled,” a documentary that offers a glimpse “Inside the Strange World of Asbestos Lawsuits.”

The Record also noted that the screening, which took place Sept. 20 at The University of North Texas/Dallas School of Law, drew a strong following: “… law Professionals from all walks of life were in attendance, including professors, students and a handful of prominent trial lawyers, who were all privy to a heated discussion between expert panelists following the viewing.”

Responding to the “heat,” Johnson pushed back, according to the Record: “… as the panelist discussion winded down, Johnson said he wanted his film to raise the following question: ‘At the end of the day, are lawyers taking too much money away from sick people?’ Without receiving much of a response, he asked Simon and Siegel if there was more asbestos attorneys could do to police the “bad actors” and if there was a better way to handle asbestos litigation so more money would go to those truly injured by asbestos products.”

See the report here: https://setexasrecord.com/stories/511224309-toxic-tort-litigator-jeffrey-simon-calls-unsettled-asbestos-documentary-poorly-produced-following-screening

(note: producers of the movie say the discussion will be posted to the film’s trailer site later this week.

Texas Journalist Explains Medicaid Flaw In Asbestos Lawsuits, Calls For Change

Photo Credit: File photo, Dallas Observer article, August 13, 2017

Photo Credit: File photo, Dallas Observer article, August 13, 2017

A Dallas-based journalist who pioneered coverage of asbestos lawsuit issues is calling for changes while explaining a “Catch 22″ that could be shortchanging states’ Medicaid coffers. Christine Biederman, writing as a contributor to The Hill newspaper in Washington D.C., explains that “… Medicaid secondary payer laws provide states potential funds. For example, if a Medicaid enrollee is sickened by asbestos, and Medicaid pays the healthcare bills, Medicaid is entitled to a share of any future personal injury settlement. Medicaid is theoretically required to recover part of the settlement.”

Biederman, who wrote a landmark Dallas Observer investigative story “Toxic Justice” 19 years ago, adds that “… in practice, this means that unless a lawyer, a defendant or another party to a personal injury claim is located in the same state as a Medicaid beneficiary, and thus required by state law to report payments, the state Medicaid agency will likely never learn about the money. Of course, the enrollee is supposed to report the windfall. If you think that usually happens … please get in touch, because I have an investment opportunity for you.”

The story benefits from the fact that Biederman is herself a Texas attorney and will be must-read material in the asbestos world. (Disclosure: Ms. Biederman contributed reporting to the documentary UnSettled by Canadian journalist Paul Johnson; the Courts Monitor has shared resources and research with producers of that film, scheduled for release this fall.)

Medicaid Catch-22: It’s time for the asbestos trusts to do what’s right