New York City, Haven For Litigants
A new Forbes report (hat tip: Overlawyered) has some pretty shocking statistics about how much money New York City spends on lawsuits:
New York City spends more money on lawsuits than the next five largest American cities—Los Angeles, Chicago, Houston, Phoenix and Philadelphia—combined.The city’s $568 million outlay in fiscal year 2008 was more than double what it spent 15 years ago and 20 times what it paid in 1977. New York now allocates more taxpayer dollars to settling personal-injury lawsuits than it does to parks, transportation, homeless services or the City University system.
There are some New York plaintiff’s lawyers that are getting the job done.
I don’t want to risk the ire of the plaintiff’s bar, but couldn’t they give the city a little bit of a discount given the collapse of the financial markets and the global economic recession? The first rule of parasitic symbiotic behavior is to avoid killing off the host.
Just kidding. There’s no need to blame lawyers when there are so many New York State politicians running around that we can blame.
More details after the jump.
Leave it to New York State legislators to adopt a hypocritical standard if it is in their own best interests:
Why is Gotham such a litigation target? Blame New York State’s laws, which have made the city a gold mine for personal-injury lawyers. While many states restrict lawsuits against municipalities to state claims courts, which are overseen by only a judge and tend to restrain damages, New York allows citizens to sue municipalities in jury trials. The New York State Legislature has also periodically blocked bills that would create a special court of claims for municipal cases—though the state hypocritically enjoys the low-cost benefits of a claims court for lawsuits filed against it.
This seems like an easy fix. Citizens of New York City, marshaled under the leadership of an effective and popular mayor, could exert political pressure to change this law. As long as the people are not fractured by a contentious tort reform debate we can … oh no:
Tort reform would benefit not just private victims of trial-lawyer shakedowns but the city as well. A good start would be to place caps on noneconomic damages, such as pain and suffering, as two-thirds of states have done. In Texas, for instance, lawmakers recently imposed a $250,000 cap on noneconomic damages, which not only resulted in dramatically reduced malpractice-insurance premiums for doctors, but also cut the number of all tort lawsuits in half and doubled the number of doctors applying to practice medicine there. California has long capped such damages at $250,000 in medical-malpractice cases.Many states have also abolished or limited joint and several liability, which skews responsibility for damages toward the party with the greatest ability to pay, regardless of wrongdoing. Following suit would help New York level the playing field with those other states and protect the city from absurd litigation as well. But perhaps the single most effective action would be to establish a court of claims for municipal cases to restrain outsize judgments.
Well there’s hardly any point in slipping and falling on a city street if you can’t go after the deep pockets. Why even bother walking anymore?
Lawsuit abuse benefits the very few at the expense of the many. Reforming New York’s culture of lawsuit abuse won’t happen overnight or without a fight—especially with so many state lawmakers committed to moving counter to national tort-reform trends. But as former Indianapolis Mayor Steve Goldsmith says wryly of New York: “If you can get criminals under control, surely you can get lawyers under control.”
That’s not even helpful. The personal injury bar may be a lot of things, but they’re not “criminals.” People get hurt, sometimes because of the gross negligence of another party. and in those cases there is a fair argument that they are entitled to money.
Who gets to decide how much money? Well, it probably shouldn’t be a business man. Or a mayor. But what about a court? A special court specifically designed to balance the needs of few against the needs of the many.
I’m going to call up my local state senator right now and ask her to … oh, I forgot. I live in New York State and my elected state officials are useless.
The Big Apple’s half-billion-dollar tort tax dwarfs that of other cities. [Forbes]
John Avlon, “Sue City” [Overlawyered]




Comments
Comments hidden for your protection. Show them anyway!
you should see how much money the City of New York spends on your mom... burn
second
you should see how much money the City of New York spends on your mom... burn
This article proves why NYC is the greatest city on earth.
1 + 3 = Fail
Two words:
Contributory Negligence
Perhaps the best system is the oldest one?
1 & 3= brutal fail
Atlanta kids want to argue that they are a primary market still?
Is it just me or is MysTTTal becoming funny?!
Um, I don't think he was saying that plaintiffs' lawyers = criminals. I think he was saying that NYC has had some success in reducing crime (right?) and that lawyers certainly should be an easier group to reform than actual criminals. If lawyers (officers of the court, after all) can't be persuaded of the public good, then that says something about the people trying to do the persuasion.
I own the night.
Suck it, Mystal!
I'm not saying that the tort system is a joke, but...
NYC's population is not that much smaller than the next 5 cities combined, plus I wager it gets more tourist traffic (and thus potential litigants) than Houston or PHX. What's the per capita cost of litigation?
13 - May god have mercy on you for actually commenting as to the substance of the article.
pwn
fail
burn
Hard-hitting analysis as always...
NYC - 8.36M
Next 5 = 11.95M
hot tavern = tort haven
12 = roxana
This was a good post.
That is all.
I pwn the night.
deez pretzles are makin me twenty-firsty
plaintiff lawyers are the scum of the earth.
Out of morbid curiosity, do any of the ATL editors actually practice law?
23 = plaintiffs lawyer
no. you're the one who is the useless one.
--elected NY state official.
comments are magically delicious
- elie
This article on the main www.abovethelaw.com says its written by david lat. But under comments it says its written by elie mystal. Thats a *tad* confusing.
Yawn. Wake me up when you find something interesting and new to write about.
Shocking statistic? This is old news. It has been like that for years.
27,
LaTTT = MysTTTal
still confused?
Read the Breadline comments. it'll clear it right up.
Comment removed by moderator.
29 = Roxana
when i get home from work and turn the lights on, all of the plaintiff's lawyers scurry behind my fridge.
I live in New Canaan. Suck on my prestige, you low class ghetto whore bitches!
plaintiff lawyers keep calling me and saying things, angry sexual things...
NYC sucks. Meanwhile, http://www.economist.com/specialreports/displaystory.cfm?story_id=13938917
1 + 3 = DOUBLE WIN
I can't believe my innocuous comment got removed!!!!!!!!!!!!!
-30
see this blog for a much better analysis: http://www.newyorkpersonalinjuryattorneyblog.com/2009/07/debunking-yet-another-tort-reform.html
all plaintiff haters are just jealous of the serious dough that they make - and no i am not a plaintiff's lawyer
38: Yeah, I had a feeling there was more to this story.
It would be nice if someone actually measured the baseline. For example, New Yorkers may use more municipal services per capita (subways, welfare, education, parks) than residents of other cities.
More proof that NYC is the country's asshole.
I'm a plaintiff's lawyer (in Atlanta, not NYC) in my first year after leaving biglaw. YTD I've made twice my whole last year's salary in biglaw. Say what you will, but I'm living a much better life and am far happier these days than I ever was before, and have a realistic chance or retiring before 50!
32 = Comment of the Year
Plaintiff's lawyer hater are a bunch of crappy insurance defense lawyers who resent working harder than their opponents and making 1/10 or less the coin, but are too indoctrinated to try it themselves.
41: Exactly. It's just more stupid tort-reform propaganda.
The parasite must avoid killing the host - does that also apply to the 50% of Americans who pay no federal income tax, Elie?
I love litigation, frivilous and otherwise. I love NY!