By Drs. Glueck and Cihak
Times change!
CAN the legal leopards change their
spots? In the adversity of the tragic events of September 11, 2001, we hope
so. We also hope this is a sincere gesture not a public relations tactic.
On Wednesday September 12 -- one day after the terrorist attack -- The
American Trial Lawyers Association (ATLA) announced that it had asked its
members to declare a moratorium on World Trade Center and Pentagon related
lawsuits. We stand and applaud the move. The ATLA did the right thing. The
officers of ATLA understood that thousands of lawsuits would be expensive
in terms of time, money, divisiveness and hinder the nation's response and
recovery.
The ATLA statement signed by Leo V. Boyle, President of the ATLA in
Washington, DC., reads in part, "For the first time in our history, the
Association of Trial Lawyers of America, in this time of national crisis,
urges a moratorium on civil lawsuits that might arise out of these awful
events."
Since the "moratorium" is not legally enforceable the ATLA might also
impose censure, fines or expulsion for members who violate this moratorium.
The ATLA has 60,000 members out of a total number of 800,000 attorneys in
this country. The ATLA should encourage the other 750,00 lawyers to make
this same pledge.
We especially applaud their Pro Bono Program. Boyle announced that the ATLA
will organize the efforts of members to volunteer their services pro bono
on behalf of victims seeking compensation from the Victims' Compensation
Fund. Every member of ATLA's Executive Committee has volunteered to be pro
bono counsel.
The additional big legal question that might eventually result in years of
litigation is: Was this an act of terrorism vis-a-vis, an accident or an
act of war? If an act of war, then some insurance companies may claim they
are off the hook as most contracts have an exclusion for acts of war. The
ATLA should clarify its position and promise to litigate this issue as well
through its Pro Bono Program. In the gut twisting high profile case of bond
brokers Cantor Fitzgerald, which lost 700 employees, the insurers have
already told Cantor's CEO that the insurance company would pay. We praise
them for taking an immediate stand.
The members of ATLA, enriched by their legal successes -- and some legal
terrorist tactics of their own -- over the last few decades, are in an
admirable position to help further by making a large donation to the
Victims' Compensation Fund. Other organizations and companies have donated
generously. For example, Daimler Chrysler executives donated $10 million to
aid children who lost parents. The on-line company eBay announced it will
raise and contribute $100 million. The major networks donated several hours
of prime time television for a fundraising telethon that raised
approximately $200 million. Microsoft has contributed $10 million,
Coca-Cola $6 million, Starbucks $1 million, UPS $4 million, and IBM
Corporation $5 million. During the first eight days, the United Way of
America collected $43 million, The Salvation Army $20 million and the
American Red Cross $129 million.
We totally agree with the ATLA that one-hundred percent of this money
should be used to help the survivors and families and to help those who
were widowed or orphaned by the destruction.
New Yorkers rushed to donate 5,000 units of blood within 24 hours -- some
waiting in line for eight hours. In Washington, DC, so many blood donors
stepped forward that the Red Cross had to temporarily turn them away. The
ATLA might ask its members and other Americans to donate blood to ease the
shortage which will develop in 3-6 weeks because of the limited lifespan of
red blood cells.
We also challenge the American Medical Association (AMA) executives,
officers and board of directors to make similar magnanimous gestures and
donations. In New York and Washington, D.C., nurses, technicians, and
emergency medical personnel have already played a heroic role. Perhaps the
HMOs and managed care companies could provide gratis medical care for those
survivors who are uninsured.
This is a rare opportunity for the legal and medical professions to cast
aside old hostilities and work together in helping this country in our war
against terrorism. We hope this moratorium -- called by the ATLA on
lawsuits -- is a treat rather than a trick. Having said this, if the trial
lawyers want to sue, subpoena and serve legal papers on the terrorists we
would not object.
We thank the officers, board and members of the ATLA for their efforts.
It's nice to see them be a help to the nation rather than a hindrance.
Michael Arnold Glueck, M.D., of Newport Beach, Calif., writes extensively
on medical, legal, disability and mental health reform. Robert J. Cihak,
M.D., of Aberdeen, Wash., is president of the Association of American
Physicians and Surgeons. Both doctors are Harvard trained diagnostic
radiologists. Collaborating as The Medicine Men, they write a weekly column
for WorldNetDaily as well as numerous articles and editorials for
newspapers, newsletters, magazines and journals nationally and
internationally.
© 2001, Michael A. Glueck & Robert J. Cihak
