Commentary: Steve
Cohen
Lawsuit
abuse scares off investors
The
Charleston Gazette, Oct. 5, 2007
EDWARD PEEKS is absolutely correct in saying our
state needs private investments, (“What really ails
W.Va.
’s economy,” Sept. 11).
Mr. Peeks adds that what’s needed to help
West Virginia
“costs money, leadership and commitment.”
Indeed, money, leadership and commitment will go
a long way to improving
West Virginia
schools and breeding entrepreneurial ventures. It is a prescription that could
lift
West Virginia
from its rank as 49th in the nation in per capita income.
Just this summer the Gazette reported that
according to the 2007 Kids Count Data Book, only six other states rank lower
than
West Virginia
on a range of criteria that contribute to a child’s well being. The previous
year,
West Virginia
was ahead of twice as many states.
Strong infusions of investments, for sure, could
address the fact that
West Virginia
ranks 45th for the percentage of teens in our state who do not attend school or
work.
Where Mr. Peeks reaches a disconnect in his
arguments however, is that he can’t see the link between our broken lawsuit
system in West Virginia and the need to bring jobs, investments and new tax
dollars into our state.
Such investment will help address key
problems like education, jobs, income and the well being of our families.
To an employer looking to locate new jobs in some
community, lawsuit abuse is anything but “idle talk.” Just ask the
West Virginia
employer sued by a
Virginia
resident who was injured on the job in
Virginia
on a forklift made in
Ohio
.
- Just ask the
West Virginia
employer hauled into court by personal injury lawyers who presented
“medical evidence” from a doctor who does not exist.
- Just ask the
West Virginia
employer ordered by a court in this state to pay a personal injury lawyer
$143,000 in legal fees, while the plaintiff only received nearly $9,000.
- Just ask the
West Virginia
employer hit with a lawsuit without any evidence of actual injury.
- Just ask the
West Virginia
employer held responsible for damages the employer did not cause.
- Just ask the expansion-minded CEO leery of
locating in a state where the attorney general appears to be acting outside
the law.
If Mr. Peeks wants to know why
West Virginia
is starving for investment, it is because those in the best position to bring
investment here see a legal climate consistently rated last in the nation for
fairness. Undoubtedly the money is out there, but the lack of leadership and
commitment from state leaders to fix the broken lawsuit system is a barrier to
creating jobs.
That is what really ails our economy, our workers
and our families.
Cohen is executive director of West Virginia
Citizens Against Lawsuit Abuse.