A few cosmetic tweaks to this blog. Hope you all like it!

The Tennessee Consumer Protection Act is one of the relatively few consumer-friendly laws in this state. It must be for that reason that the Haslam Administration is looking to gut that law, too. It's premium content, so here's the full article:

State lawmakers are taking a broad swing at the Tennessee Consumer Protection Act, a far-reaching law that ups the stakes on legal liability for businesses while guarding consumers.

But changing the scope of the law, which could triple court damages, is about more than balancing business liabilities against consumer protection. Businesses not only deal with the risk of costly consumer lawsuits under the protection act, they use the law themselves to sue one another — as seen in high-profile cases involving May 2010 flood damage at Opry Mills Mall and Gibson Guitar Corp.

A large portion of the push comes within Gov. Bill Haslam’s tort reform proposal, a bill that’s drawn enthusiastic support from business interests and company leaders across many industries. Similar proposals in the Tennessee General Assembly are expected to fall under the Republican governor’s initiative, but others stand on their own and could create dilemmas for businesses.

The legal risks that come with the Consumer Protection Act are real to Jim Amos. As CEO of Tasti D-Lite — which moved to Franklin from New York for the friendly business climate — he considers steep legal liability a threat to the company’s network of small franchisees, no matter how good they are at customer service.

“That’s an extraordinarily difficult issue,” said Amos, who considers legal reform a gap in Tennessee’s business-friendly reputation. “In many cases the kind of litigation that results puts these folks right out of business.”

He and other businesses — including a new coalition across several industries called Tennesseans for Economic Growth — believe Haslam’s proposal will spur job growth by reducing risk.

Though an amendment was pending this week, Haslam’s tort proposal would make it more difficult for plaintiffs to invoke the Consumer Protection Act in a range of cases. It also would eliminate it from use in class-action lawsuits that challenge companies on behalf of a broad swath of consumers.

Critics warn that tort reform’s consumer provisions degrade the court system that’s supposed to protect everyone equally, while also opening up direct risks to businesses. Mark Chalos, a Nashville attorney with Lieff Cabraser Heimann & Bernstein, argued that the Consumer Protection Act is a guard for responsible companies looking to do business in Tennessee.

“Weakening the civil justice system only protects wrongdoers and encourages bad conduct,” he said.

Another bill that progressed in the legislature this week would prevent the consumer act from being used in insurance cases, which Republicans say would end improper use of treble, or triple, damages.

They say customers still have legal standing and other recourse, but companies have become accustomed to invoking the law.

Simon Property Group, owner of the still-closed Opry Mills Mall, and Gibson, the Nashville guitar manufacturer that also sustained flood damage last year, both cited the Tennessee Consumer Protection Act in suits seeking tens of millions of dollars from insurers. The companies declined comment, but the triple damages under the law would provide the sort of compensation that trial lawyers argue is fitting as insurance disputes drag on.

That bill in particular creates a careful dance for business interests, who are enthusiastic about the governor’s proposal but are mulling how to sort out matters like insurance law.

Bills address range of consumer protection
The bills that compose Republicans’ broad push on consumer protections address a number of business concerns, but also contain unexpected dilemmas.

• House Bill 2008/Senate Bill 1522 — The bills, being carried by Republican leadership in the House and Senate, compose Gov. Bill Haslam’s tort reform proposal. One portion of the proposal deals with the Tennessee Consumer Protection Act on a number of fronts.

Opponents warn that eroding protections damages the court system and poses business risks — like lessening legal remedies against Ponzi schemers. But Bradley Jackson, vice president of governmental affairs for the Tennessee Chamber of Commerce & Industry, said the bill’s consumer measures provide more stability for businesses without eroding consumer protections.

“(Current law) creates an unpredictable and unstable environment,” he said.

• House Bill 1189/Senate Bill 1912 — These bills would prevent plaintiffs from leveraging the Consumer Protection Act in insurance lawsuits and the triple damages it can lead to in judgments.

This reduces risk for insurance companies, and Rep. Pat Marsh, the Shelbyville Republican pushing the bill in the House, said consumer protections have been used as “blackmail” by attorneys to force big settlements. Consumers and companies alike use the act in litigation, and Democrats raised some questions about consumer protections before consenting to the bill’s easy passage in a subcommittee this week.

Marsh said consumers — and companies who use the act — still have options for insurance disputes, including suing under the insurance code.

“You’ve got all the protection you’ve ever had,” he said.

• Other bills — A range of other bills address consumer protections. Most of those that seek to scale them back will likely fall behind Haslam’s proposal, insiders say, but there also are a range of bills that add consumer protections that are getting less traction.

Just to illustrate the way propaganda works, consider this statement from the link: “In many cases the kind of litigation that results puts these folks right out of business.” I don't know. I carry business liability insurance to protect me against those kind of risks. If the businesses complaining about consumer protection don't carry proper insurance for their protection,then I see no reason for them to complain.

Thompson joins rights restriction debate: I like this quote in terms of describing what the Republicans want to do to the rights of people in this state: "If you're in a nursing home and a janitor hits you with a mop, it's going to be a medical malpractice claim." Why is that important? Because previous Republican legislatures have made it very difficult to prove a winning medical malpractice case.

UPDATE: Here's another report on the hearing. And another. Here's a good Thompson quote from that last link: "Folks, we are about to kill a mouse with a bazooka."

Let's also understand the big lie the Republican Administration is trying to foist on the public. There is no reliable data -- none -- that supports the claim that restricting individual civil litigation rights would "scare off potential businesses" from locating in Tennessee. In fact, the lack of a state income tax makes Tennessee very attractive for many businesses.

What I wonder is why businesses are so worried -- if they actually are? If a citizen -- individual or corporate -- acts reasonably, that citizen has nothing to worry about. This Administration is openly and arrogantly admitting that it places the interests of corporations and Big Insurance before the rights and welfare of Tennessee citizens and residents.

If you think there's something wrong with that picture, you're right.

Why is the "Tea Party" perceived as a bunch of loons? This is one reason.

RIP Elizabeth Taylor. Here's a tribute.

Tort Reform -- A Solution Without A Problem. Why is the Legislature even considering this, when "medical malpractice lawsuit filings have decreased 44 percent since 2008, accounting for only three percent of all civil suits"?

UPDATE: Former Senator Fred Thompson, who sponsored tort reform legislation in Congress back in 2003, is now a vocal opponent of the Haslam rights limitation bill. In fact, the Tennessee Association of Justice has employed him to lobby against such legislation. Here's an interview with Thompson. His message: "The fact of the matter is we have a good system here in Tennessee that has served us well for a long period of time."

This type of rights limitation legislation keeps popping up, despite the lack of any real evidence that it benefits the public, as opposed to Big Insurance. I blogged about similar federal legislation back in 2003. Thompson was, I believe, a Senate co-sponsor of this bill, which was -- properly -- defeated.

"Where is America?" bemoans Libyan rebels. They bitch when we go in, and they bitch if we stay out. Damned if we do and damned if we don't.

Did the Japan earthquake screw up GPS systems? Yes! Uh, no! Well, kinda. . . .

Lionfish: deadly to our reef populations, but tasty, too. At the top of the food chain, our message to these dangerous nuisances: "We will kill you and eat you with your own spines."

When I was seven years old, there was a TV show that, for some reason I loved. It involved a goofy superhero who was able to fly. He wore some sort of silvery flight jacket/apparatus; I remember this because I would turn my coat inside out to play like I was that guy. I couldn't even remember the name of the show or the superhero. I despaired of ever learning this piece of useless trivia.

Enter the Web, namely YouTube! Turns out that the show was called "Mr. Terrific." It played for just 17 episodes in 1967. Here's the theme song, which I even kind of remember:



There are even some clips on YouTube:



I could even view the unaired pilot for this show.

Sometimes, the Internet is just plain cool.

I happened to come across this while shirking my duty to pack up. Kenny Chesney, from Luttrell (metro Knoxville), and a big football fan, has made a documentary on Condredge Holloway, to be aired on ESPN on Sunday, February 20, at 8:00 pm ET. Here's an ESPN print story on the documentary. Here's the trailer:



This movie has special significance for me. I started watching Tennessee football in 1970. I first saw Condredge play in the 1972 spring "Orange and White" game. He was so good that the coaches had to put him on the other team after halftime, because whatever side he was on was unstoppable. My parents and I looked at each other and said, "this guy is special."

And, boy, was he. Although diminutive -- he stood 5' 9" on his tippy toes -- Condredge played like a giant during his three years with the varsity (Freshmen were not allowed to play with the varsity in those days). He could run, he could pass, and he could scramble. A lot of the time, Condredge didn't have a lot of help, and ended up making things happen by himself.

We loved his talent, but most of all we loved his heart. An episode much remembered in Holloway lore is the 1974 UCLA game. The Bruins had knocked Condredge out of the game -- I mean, they took him to the locker room. It was 10-10, when he not only returned to the sideline, but immediately -- and without consulting the head coach -- re-entered the game. His courageous play allowed Tennessee to turn a sound defeat into a tie, on the order of "Tennessee Beats UCLA, 17-17." Here's the video:



I figure the documentary is going to make a big deal of the fact that Condredge was the first Black QB in the Southeastern Conference. I can tell you that, from my 12 year old perception, as well as the perception of anyone I talked to about football at the time, his color was of no consequence whatsoever. He was just a great player, and that was all that counted. I'm proud of Vols fans from that era for having such a color blind attitude.

I've been off the radar screen for a while, mostly because it appears that we will be moving out of our office at the end of the month. Maybe that doesn't sound so traumatic, but consider that in the 53 plus year history of this firm, we have moved exactly once, in 1987, from the old Bank of Knoxville Building to the Medical Arts Building. We have been here ever since. Until now.

Stay tuned for our new address and directions to our new office.

Dr. King and Sarah Palin: Pretty Much the Same Person. Not.

Making the world safe for democracy: Hooters comes to Japan.

Wear clean underwear: Routine traffic stop results in body cavity search under anesthesia. Tennessee law requires a search warrant be issued before a body cavity search is performed. Did Oak Ridge police request a federal prosecution in an attempt to get around state law?

Kibbutz Centennial: Degania Aleph turns 100 years old.

Carnival: dead in the water. I love that the cruise line is offering a free trip to the Splendor's passengers. If it was me, I don't know if I would be too eager to take another trip with Carnival.

The New Republic: Lessons From Bush 43. Here's the most interesting quote:

Those who study his presidency, then, won’t find a huge amount in the man himself. They’ll try to reach out and touch Bush the man, the thinker, the politician—and accidentally punch through a cardboard cutout. Behind the cutout? People who had been wanting to invade Iraq forever and got their way. People who had wanted to cut taxes for the rich forever and got their way. People who had been waiting forever for lucrative Pentagon contracts and got their way. The list goes on and on. The story of Bush will be much more about the myriad ambitious thinkers, ideologues, charlatans, and capitalists who threw themselves gleefully into the president’s orbit than it will be about the man himself.

This confirms what I have been saying since the 2000 presidential campaign: that Bush was a nothing -- simply a placeholder for the Republican establishment whose positions had been repudiated by the success of the Clinton Administration. We traded the Clinton success -- both foreign and domestic -- for eight years of the Republican/Bush chaos that ensued. Is it any wonder that we are where we are?

Important economic news! Oh wait, this is a joke. Isn't it?

Mick Jagger replies to Keith Richard's autobiography's criticisms. I like this bit:

I am forced into the role of martinet, the one who gets blamed for silly arbitrary rules. (Like, for a show in front of 60,000 people for which we are being paid some $6 or $7 million for a few hours' work, I like to suggest to everyone that we start on time, and that we each have in place a personal plan, in whatever way suits us best, to stay conscious for the duration of the show.)

I like Jagger a lot better -- and Richard a lot less -- after reading this non-apologetic, "sadder-but-wiser-girl" rejoinder.