Local Voices

Letter to the Editor - The Parkersburg News and Sentinel, Oct. 26, 2004

Change state's business climate

I read with interest the Oct. 10 Parkersburg News article about the loss of manufacturing jobs in the Mid-Ohio Valley . It is no surprise to me that businesses that provide manufacturing type jobs are leaving West Virginia . The climate for attracting businesses with such jobs is not good in West Virginia .

A few days ago the "State Business Tax Climate Index" released by the Washington D.C.-based Tax Foundation listed West Virginia fourth from the bottom. The high degree of litigation in this state has poisoned the business climate. The U.S. Chamber of Commerce survey of legal experts for the nation's top employers concluded that West Virginia 's legal environment was second to only Mississippi as the nation's worst. West Virginia is one of only three states that allows lawsuits brought without proof of harm -thus the C8 lawsuit. This state must be a litigation attorney's dream.

Wal-Mart is now West Virginia 's largest private employer. What is the future? People fleeing the state and those left behind working in low-paying jobs in service and tourism? We need forward-looking leadership in this state that can develop higher paying jobs in new businesses and help maintain the manufacturing jobs we now have or perhaps even attract new ones.

Douglas Reeder, Vienna

 

Letter to the Editor - The Wheeling News-Register, Oct. 23, 2004

Don't vote for McGraws

I have been wondering why any right minded individual would vote for any of the McGraws. I have recently come to the conclusion that in my opinion there are three reasons for voting for a McGraw.

1. You are a trial lawyer and know that if you ever publicly supported an opponent like Brent Benjamin you will never win any case that has to go before the Supreme Court. Thus it is a simple matter of income; if you can't win a case because of whom you support, who will bring a case to you?

2. You may be ignorant of what the McGraws represent; namely special privileges for those who are represented by the proper(?) lawyers or who belong to the organizations that support the McGraws. (Read that as unions and teachers' groups, who know that if their cases were ever tried fairly they just might lose some of them) In case you didn't know, Warren McGraw has not ruled in favor of an employer in a Worker's Comp case since 1999 - that's over 400+ cases in a row. Now, the odds of that happening would be the same as flipping a coin and getting heads 400 times in a row. In case you are wondering, that would happen once in 2.58 times 10 to the 120th power. For those of you not good at math, that would be like hitting the Powerball Jackpot (1 in 121 million) EVERY Wednesday AND Saturday of EVERY week of EVERY year for the next 23 years. Obviously Warren McGraw has left the concept of fairness out of our courts and in turn has driven jobs out of our state. Fortunately you can become informed and do what is right for all West Virginians and vote the crooks out. Vote for Brent Benjamin.

3. Perhaps you are one who knows what the McGraws represent and you agree with biased government because you are one receiving the benefits while those who must depend on honest and fair treatment get dumped upon. In this case you too are a scoundrel and part of the problem. Stay home on Election Day, please.

Bob Jones, New Martinsville

 

Letters to the editor -The Herald-Dispatch, Oct. 19, 2004

Voting booth is place to fix insurance woes

Much has been said but little done about West Virginia ’s current insurance problems.

As a retiree from the insurance industry with more than 30 years experience in sales, claims and as an analyst for the West Virginia Insurance Department, it is my opinion that the state’s insurance problems can only be resolved in the voting booth.

We cannot expect changes as long as we continue to elect persons to our legislature who benefit financially from our present flawed insurance laws.

Harry Rutherford, Huntington

 

Letter to the Editor - The Wheeling Intelligencer, Oct. 7, 2004

Make the right choice

"Almost heaven, West Virginia " for trial lawyers. "Almost hell, West Virginia " for businesses and medical care providers.  Voters need to change that.   The next Supreme Court judge is going to be there for 12 years.

Thanks to the brave surgeons of Wheeling , a great malpractice reform legislation has been passed. We need Supreme Court justices like Brent Benjamin to uphold it for the next 12 years. We need to make the right choice and vote for Brent Benjamin for the Supreme Court. He will make West Virginia almost heaven for everyone. He will interpret the law and not legislate it.

Please consider Brent Benjamin on Nov. 2 and make a difference.

V. Chokkavelu, St. Clairsville

Letter to the Editor - The Herald-Dispatch, Oct. 8, 2004

We must restore fairness to the W.Va. Supreme Court

By KENNETH H. BUSZ - guest columnist

Every person who wants to attract or keep jobs in West Virginia should focus on the upcoming election, particularly the race for the 12-year term on the West Virginia Supreme Court of Appeals.

No race is more critical to West Virginia ’s future. No race will determine the future of job retention and expansion more than this one.

Why is so much importance being placed on this race?

First, the answer rests with the lack of fairness and balance that has crept onto the high court thanks to activist justices. Anti-job decisions handed down over the past few years are reviewed by the people who make the decisions about business investments and employment.

Our state now has a reputation as an undesirable business location thanks to frivolous lawsuits and anti-employer sentiments of the Warren McGraw court majority.

What’s the impact to date?

In the past few years, tens of thousands of jobs have been lost in West Virginia , and our state’s "out of balance" judicial situation is a major culprit.

The second reason why people need to focus on our state’s anti-employer legal environment is that it is costing small businesses money…and lots of it.

A recent national study shows that tort litigation costs on small business are enormous. The report, prepared by the U.S. Chamber’s Institute for Legal Reform, says businesses are paying a high price because of litigation. Worse still, small businesses are bearing the largest burden of these tort liability costs.

The report notes this impact is being felt on small businesses of two sizes. For those companies with less than $10 million in revenue a year, they are paying $150,000 a year to cover these costs. As for truly small businesses, the average tort liability cost is $17,000 a year.

These businesses bear 26 percent of the nation’s tort liability costs, but take only 8 percent of business revenues. These figures don’t include the escalating cost for liability insurance that is hitting across our state.

These ‘hidden tort taxes’ are monies that could be used to hire additional employees, increase production, or improve health benefits for workers. These "hidden tort taxes" impact us all in our daily lives by increasing the cost of everything we buy.

Our leaders pay homage to small businesses as the backbone of our economy, yet little is being done in West Virginia to ease the burden placed on these enterprises.

We must correct this and restore fairness and integrity to our judicial system before another worker loses his or her job or another business closes its doors. We must restore the West Virginia Supreme Court as a fair, independent body … not one that is driven for political and personal reasons.

For the reasons stated above, HuntPAC, the political action committee of the Huntington Regional Chamber of Commerce, has endorsed Brent Benjamin, a Republican, for the West Virginia Supreme Court of Appeals.

Kenneth H. Busz is president and CEO of the Huntington Regional Chamber of Commerce.

 

Letter to the Editor - The Parkersburg News-Sentinel, Oct. 4, 2004

Benjamin needed on Supreme Court

It is my opinion that one of the most important positions to be filled in the upcoming election is the seat on the state Supreme Court. Just as with their federal counterparts, the power this state court wields can undo legislation, and through their decisions, actually steer the direction of our state.

Many will agree they have indeed been steering and it's in the wrong direction.

In that they are elected for 12-year terms, there won't be another judgeship opening for a few years. It is imperative voters take this opportunity to make a change. With only five judges ruling as the Supreme Court, the vote of one judge is very important.

I just viewed a television commercial of Warren McGraw in which his opponent is accused of being funded by out-of-the-state business. The ad allowed the assumption that candidate Brent Benjamin is for business and against the working people; I do not believe that. Business is backing Benjamin because in him they see hope that some of the ludicrous decisions that have been handed down by the state's highest court may become more fair. This funding may be from out-of-state business that have been forced to leave the state and who would like to return.

It was the climate created by state courts that recently forced DuPont into a multi-million dollar settlement. While this huge payout may not actually close the Washington Works facility, it will certainly have an affect on how much expansion or maintenance dollars that the parent company chooses to put into the local facility, a plant that has been tremendously important to Parkersburg , Wood County and West Virginia .

The DuPont ruling, coupled with the poor business climate in West Virginia that has forced too many of our manufactories to move elsewhere and new business to not even consider moving into our state is reason that we should perhaps join with those people of business who want to see Brent Benjamin on the state Supreme Court.

Bob Enoch, Parkersburg

 

Letters to the Editor - The Register-Herald, September 22, 2004

Courage Needed To Meet W.Va.'s Problems

There are fundamental flaws in the political and economic structure in West Virginia which have reduced us to a level of poverty unmatched by any other state. Our elected officials have ignored these flaws for decades, and our economic situation continues to worsen.

One flaw is that the political leadership has such an iron grip on the legislative machinery that no independent proposal can make its way into the debate.

Until the voters elect officials who have the courage to meet the core problems head-on, the state will not improve. Until the elected officials take bold steps to make our state attractive to business, we will not prosper.

The only way for this state to grow in population is to provide good-paying jobs for additional workers. Only thriving businesses can provide such jobs. Only additional workers can pay our bills.

To ensure that existing businesses remain and expand, and to ensure that new businesses are not afraid to locate here, the people we elect this year must take action to deal with the core problems that scare business away. There are severe problems: a tax burden worse than anywhere else with similar geography and natural resources; a threatening Workers' Compensation burden worse than any nearby state; the threat of litigation, especially against doctors and other professionals which is even worse than the terrible national threat; problems such as a history of labor strife that eventually reduces the profit margin to zero. A right-to-work law is desperately needed.

Making the state equally attractive as our neighboring states may not be enough. Our reputation of hostility to business must be overcome. And that may require, in the short run at least, that we go the extra mile to get them here.

D.R. Baldwin, Athens

 

Letters to the Editor - The Register-Herald, September 21, 2004

Fair Supreme Court the key to good jobs

James Petry's recent "tongue-in-cheek" opinion letter printed in this newspaper, suggesting that West Virginia import legislators from other places, was entertaining. Less entertaining is the terrible state of our court system in West Virginia, and some of our citizens probably wish we could get into the business of importing judges as well.

Mr. Petry raises good points about how the lack of well-paying jobs and the rapidly rising liability costs for homeowners and car owners are serious problems for the vast majority of West Virginians , especially our young people. These high consumer costs have a lot to do with who sits on our state Supreme Court.

Most states either appoint state Supreme Court justices or have them elected in nonpartisan elections. With these selection processes the states' laws are not being administered by whomever is able to rise to the top of party politics. Elsewhere, an ability to interpret the law may actually exceed political handshaking skills.

Mississippi Supreme Court Justice Chuck McCrae received the same score for his out-of-control activism from the Judicial Evaluation Institute as Supreme Court Justice Warren McGraw -- an amazing score of 8 out of 100. Of course, Justice McRae was ousted by Mississippians who became tired of his lawmaking from the bench ...

What we really need to be focusing on in
West Virginia is importing some good jobs. We could do that if only we had a fair state Supreme Court. West Virginia 's voters can help themselves immensely by learning all they can about their Supreme Court candidates between now and November.

It's important to the future of every West Virginian.

Robert D. Mauk, Chairman
Citizens Against Lawsuit Abuse of West Virginia , Huntington