Pfizer

ALEC & Corporate Tort Reform Efforts Surface in Federal Court Decision

ALEC & Corporate Tort Reform Efforts Surface in Federal Court Decision

Featured photo credit: Tim Meko/For the Center for Public Integrity

By Bob Sloan

Recently a federal case involving gross physical abuse, discrimination and underpayment of wages to 32 mentally disabled workers who suffered such abuse and discrimination at the hands of their employer, was decided by a jury in favor of the workers.  The jury awarded $240 million in actual and punitive damages.  Following that judgment another federal judge has reduced that award to a total of $1.6 million.

In an article about this case, written by Chris Young for the Center for Public Integrity, Young identifies two key factors that resulted in the huge reduction in the amount of the award.  First the American’s with Disabilities Act has caps that limit the amount of damages.

“Under the act, compensatory and punitive damages are capped at $50,000 for companies like Henry’s that employ between 14 and 101 employees.”

Secondly, the judge who reduced the award, U.S. District Judge Charles R. Wolle of the Southern District of Iowa is a frequent attendee of pro-corporate seminars and is considered to be “corporate friendly.”

“An Iowa federal judge who frequently attends business-friendly judicial education conferences slashed a landmark $240 million verdict to $1.6 million for 32 mentally disabled workers who suffered abuse and discrimination at the hands of their employer.”

In fact in a related story by Young, Judge Wolfe is one of the top attendees of conservative “junkets” paid for by the likes of the Koch Family Foundations and organized by the Koch funded George Mason University:

“The most-traveled judges, according to reports filed online by the judges, were U.S. District Judge Charles R. Wolle of the Southern District of Iowa and Chief Judge Thomas B. Bennett of the Northern District of Alabama Bankruptcy Court. Each reported attending nine seminars.

“Wolle is a “senior status” judge, meaning he is semi-retired. He did not respond to requests for comment.”

The reduction of the initial jury award by Judge Wolfe appears on the surface to be legally required under existing ADA rules and legislative restrictions.  The judge’s hands were “tied” by the law setting a limit on what those disabled workers could receive.  A larger and more important question is – who is responsible for tying the hands of our judiciary?

When we look beyond the law and investigate why such “caps” are in place, we find that in most cases pro-corporate and anti-consumer laws known as tort laws, originate within and are spread by the American Legislative Exchange Council (ALEC).  ALEC claims to have 2,000 elected state lawmakers as members and close to 100 sitting U.S. Congressmen and women are ALEC alumni.  This legislative membership is sponsored, funded and works in concert with more than 350 corporations.

One of ALEC’s key initiatives over the past two decades has been the pursuit of “tort reform” legislation that limits the ability of consumers to recover damages inflicted by defective products, negligence, medical malpractice or corporate malfeasance.  In fact, ALEC and their corporate partners have developed and distributed dozens and dozens of model legislative tort reform “bills” and many of these have been successfully passed and now serve as the “law of the land” regarding consumer and worker rights.

Last year VLTP published several articles related to the ALEC/Koch Cabal’s involvement in unduly influencing our state and federal judiciaries.  This influence included the filing of Amicus briefs (friend of the court) in important cases involving key topics important to corporate interests; tort reform, second amendment gun rights, taxation, EPA and environmental issues and telecommunication laws.

Additional influence involves “training” seminars sponsored and paid for by conservative funded think tanks, corporations and foundations such as the Koch Family Foundation(s) and the Lynde and Harry Bradley Foundation.  Federal judges are treated to all expense paid junkets to plush resorts where they attend seminars focusing upon the ALEC/Koch agenda of limited government, free-markets and federalism.

Other sponsors of these events include federal judges themselves who help fund these conservative training sessions for new judicial appointees to enhance their knowledge and skills in complex areas of the law – from a conservative POV. The main or core corporate funding comes from:

  • The Searle Freedom Trust
  • ExxonMobil Corp.
  • Shell Oil Co.
  • Pfizer Inc.
  • State Farm Insurance
  • Dow Chemical Co.
  • AT&T Inc.
  • U.S. Chamber of Commerce 

All of these companies and organization have one thing in commonality: they are all either ALEC members, former members or supporters of ALEC and representatives of most even now sit upon ALEC’s Private Enterprise Advisory Council.

The Center for Public Integrity identifies the same companies, foundations and family names involved that VLTP identified over a year ago…and ABC reported on over a decade ago.  Since 2000 states have implemented law after law written by corporate interests, adopted by ALEC and supported by legislators working on behalf of ALEC instead of the rights of their constituents.

In 2001 ABC’s 20/20 presented an expose titled “Junkets for Judges” which can be found on YouTube in a two part presentation.  Here is a link to part one.  Though the 20/20 expose concentrated upon George Mason University’s involvement in providing these trips for our judges,we found several additional universities and private, non-profit organizations participating in these efforts at both the state and federal level.  All but one are provided by conservative organizations, foundations or schools:

•    George Mason University(Law and Economics Center – LEC)   (Recipient of Koch funding totaling $20,297,143 from 1986-2006 ), Earhart Foundation, JM Olin Foundation.
•    Foundation for Research on Economics and Environment (FREE).  Funded by ExxonMobil, GE Foundation, Koch Family Foundation  ($1,305,500 through 2006), JM Olin Foundation, Earhart Foundation and Castle Rock Foundation (Coors). ($65,000 in 2009) and the Claude Lambe Foundation ($1,540,000).
•    Northwestern Law Judicial Education Program (funded by many key ALEC members, including Koch)
•    Liberty Fund providing judicial conferences and seminars to/for Judges.
•    Federalist Society  (Koch funded   $1,437,200 through 2006)
•    Aspen Institute (Koch funded  $1,115,000 through 2006 with David Koch on the BOD).
•    University of Kansas, Law and Organizational Economics Center (LOEC) begun in 1995 by Henry Butler  with a $1,000,000 grant from the Fred and Mary Koch Foundation (see section on Henry Butler below).
•    International Judicial Academy which provides seminars for judges on the International level.

These seminars are a way for ALEC’s corporate members and contributors to assist the cabal’s pursuit of influencing judges to render pro-corporate decisions on important issues and cases.  Another concern is the fact that one or more of our sitting Supreme Court Justices have attended seminars organized or held by these groups and openly favor corporate interests – as witnessed by the decision in Citizens United.

This latest case involving the ADA and 32 mentally disabled workers being cruelly treated by their employer, the outcome of the ALEC/Koch cabal’s pursuit of writing our laws is high-lighted.  Telling our judges how to rule in individual cases through the use of amicus briefs after wining and dining them at plush resorts and indoctrinating them in conservative based ideology – has been successful for the cabal.

Today this cabal is busy privatizing the USPS, public schools, buying up newspapers and media outlets.  No doubt as more and more legal challenges erupt from these activities pursuing control of the media, labor, wages and upcoming model legislation, our courts will be tasked with determining the legality of those pursuits.  Already courts are now busy deciding key cases involving voter ID laws, immigration laws, second amendment challenges and the legality of new laws privatizing our schools.

With friendly judges, cooperating lawmakers and greedy corporations working hand in hand, American consumers, voters and workers are completely compromised.  Unless and until Americans say enough is enough this will continue with corporate owners, investors and politicians reaping the rewards at our expense.  Please join us in abolishing this cabal and returning our country to a country of the people – instead of a growing corporatocracy…

What have the tobacco and pharma industries got in common?

A recent report by medical journalist Michael Woodhead in the health practitioner newsletter “6 minutes” exposed how the pharmaceutical and tobacco industries are active members of the American Legislative Exchange Council (ALEC), a powerful right-wing lobby group which opposes Australia’s introduction of cigarette plain packaging.

here’s a good one for you from this same article…

Both GSK and Pfizer Australia distanced themselves from ALEC’s actions, with Pfizer stating: “With respect to the issue of plain packaging, Pfizer fully supports plain packaging in the spirit of preventing future generations of smokers and does not agree with the position taken by ALEC in this case.”

well now, wait a minute.  Pfizer just resigned from ALEC’s Corporate Board, but keeping its membership.  curioser and curioser

To read this article in its entirety, and learn more about ALEC’s International reach, please click here


Amgen Drops ALEC – Pfizer Leaves ALEC Board & Dreyfus Not Funding ALEC in 2012

From an article published at PRWatch by Rebekah Wilce

Continuing and unrelenting pursuit of ALEC and their corporate members by activist and labor groups, having huge impact upon the ultra right organization.  Thirty plus companies, four foundations and more than 50 legislators have already left ALEC – an organization operating under the banner of being a “Charity”, much like their former UK partner, Atlantic Bridge. The AB charity was disbanded by the UK government earlier this year when it was discovered their agenda was solely conservative and that it performed no real charitable operations – again much like ALEC.

Common Cause and Clergy Voice have already challenged ALEC’s charitable and IRS exemption status through whistleblower claims to the IRS filed earlier in 2012.  As the controversy continues to make headlines, more and more companies are finding it more prudent to separate themselves and their “brands” from ALEC and their numerous legislative pursuits that includes the disenfranchisement of voters and privatizing state education systems.

Amgen, a $15.3 billion pharmaceutical company based in California, announced its determination not to renew its membership on August 3 in response to a letter from a group of concerned shareholders and advocates led by Walden Asset Management and the American Federation of State, County and Municipal Employees (AFSCME). Pfizer, the world’s largest pharmaceutical company, has dropped its seat on ALEC’s corporate board, according to the agenda from ALEC’s 2012 annual meeting. Even commodities and energy trading corporation Louis Dreyfus confirmed to CMD that it had decided not to fund ALEC this year.”

ALEC Exposed lists the following companies and foundations that have now dumped ALEC:

Companies:

Foundations:

Read the full CMD article here

ALEC footsoldier Robin Vos, WI State Representative

How do we stop ALEC?  I’m going to quote Justice Brandeis, who in praising transparency and honesty in public policy said “sunlight is the best disinfectant”.  

Exposing their corporations is working to some extent already.  We need to continue exposing their corporate members.  Their legislative members.  Their staff members.  Their supporters.

This article exposes loyal ALEC foot soldier, Rep. Robin Vos, WI (R-63).  It show his involvement in ALEC, including bills he wrote or opposed.

To read this short article which puts things together nicely for you, please click here,