Rick Perry vs World

09 March 2014

The scandal is what is legal for trial lawyers

Jay Root, Texas Tribune:

Mr. Mostyn, who is considered the biggest donor to Democrats in Texas and has contributed heavily to the party nationally, provided the deposition to The Tribune because he said he wanted to shed light on the back-room dealings. (Mr. Mostyn also has been a major donor to The Texas Tribune.)

Poor Steve Mostyn. He wants sympathy. The trial lawyer kingpin has a good racket going. He finds people who bad things have happened to, then he convinces them it must've been someone else's fault. They should pay! He signs 'em up King of Torts style, and sues. He hopes to settle, because then he takes a huge chunk of what could have gone to his victims with little work and little risk.

[UPDATE: Remember when Steve Mostyn donated $25,000 to Todd Hunter a few days after Hunter was appointed as the mediator in a Mostyn case dealing with hurricane/TWIA claims? Read the link for some cozy emails.]

But in this case Mostyn is alleging -- oh the horror! -- that David Dewhurst actually thinks that Steve Mostyn should have to try some of those cases instead of just paying Mostyn whatever he asks for.

Dewhurst acknowledged meeting Oliver to discuss the lawsuits, but he said he was not trying to cut off Mostyn's political donations. He said he wanted to know why Oliver was settling thousands of cases that involved allegations of unfair or shabby claims processing.

David Dewhurst suggested that perhaps the state should try some of the cases where the trial lawyers cut the most corners in their claims. Mostyn would actually have to earn some of his millions.

What a scandal!

But there is a real scandal here:

Mr. Mostyn, who said he has made "north of $100 million" from lawsuits related to hurricane claims, stands to make even more through current litigation.

Mostyn is making hundreds of millions just by signing up victims! Now that's a scandal!

Maybe it's time that Texas caps the amount that trial lawyers can make from a single incident. Every "windfall profit" over $5 million to a single law firm or lawyer for one particular incident is dedicated to fund something like CHIP. This should be something everyone can agree on!

Oh, and there was one hilarious bit in this article:

Charles Silver, a University of Texas at Austin School of Law professor and expert on tort laws, said the private complaints about money going to Democrats underscored a primary motivation behind lawsuit curbs.

"This is just another example of what tort reform has always been about," Mr. Silver said. "It's always been about defunding trial lawyers who are giving money to Democrats. It's just a continuation of the prior endeavor." (The University of Texas at Austin is a corporate sponsor of The Texas Tribune.)

Ah yes, a UT Law professor and "expert on tort laws." Jay Root's description leaves us thinking that Charles Silver is just a neutral third-party.

WRONG. Mr. Silver profits from the trial lawyers. From his bio:

Professor Silver often consults with attorneys and serves as an expert witness. He has strong ties with all segments of the litigating bar. On the plaintiffs' side, he submitted an expert report on attorneys' fees in the massive Enron settlement and served as professional responsibility advisor to the private attorneys who handled the State of Texas’ lawsuit against the tobacco industry.

Now, I don't know Silver's hourly rate, but hourly rates for expert witnesses often run between $500 and $1000 an hour. But I'm sure that has absolutely nothing to do with why Charles Silver loves trial lawyers. /sarcasm

But wait, there's more!

Charles Silver donated to sleazy John Edwards

Remember when trial lawyer John Edwards ran for president? Charles Silver donated to him (he's also donated to a few Democrats in Texas). John Edwards epitomized the sleazy politician. Everything about him was fake.

That's who Charles Silver thought should be president.

Posted by Evan @ 03/09/14 03:55 PM | Comments (0)


08 March 2014

South South Texas Democratic Party chairs don't sound enthusiastic about teh Wendy Davis

Katie Glueck's Politico article about Wendy Davis losing to a no-name in South Texas has some interesting off-message comments from the Democratic party chairs in South Texas:

That was echoed by Silverio Martinez, the chairman of the Democratic Party in Laredo-area Webb County, which went to Madrigal by about 2,700 votes.

"The only thing I can think is that he's Hispanic," Martinez said. "He did not campaign here at all ... it's very weird to me."

Martinez added that voters also could have been concerned about Davis' stance on abortion -- she earned a national name last summer when she temporarily derailed a restrictive abortion measure.

Kelly Rivera Salazar, the chairwoman of the Hidalgo County Democratic Party -- a border county that Davis lost by about 2,000 votes -- highlighted the issue more pointedly.

"Here in Hidalgo County, we are predominantly not only Hispanic but also Catholic," she said. "Her stance on women's rights issues recently in the Texas legislature may have played a role in how the votes came out last night."

How long do you think the trial lawyers will keep writing million dollar checks to Obama's staffers just because Van de Putte tells them that Latinas are secretly pro-abortion?

Posted by Evan @ 03/08/14 03:43 PM | Comments (0)


05 March 2014

Winners and losers: primary night edition


Dannie Goeb -- Leading by 13 as of this moment, the former shock jock has shocked us again. Barring a blowup, he'll be the leader of the Texas Senate in 2015. He went on offense and stayed there. But I have to wonder...how much do Todd Staples and Jerry Patterson regret their 2012 Dewhurst endorsement? Their campaigns were dead in the water from the start.

Ken Paxton -- He's leading by almost 11% right now. Smitherman did well in Houston, so Paxton will pink up a large chunk of that vote by default. Dan Branch has almost no chance to win this battle of the DFW lawyers.

Greg Abbott -- 91% is pretty good in a four-way race. His party is united behind him. Compare that to John Cornyn who also faced a bunch of no-names and yet is running just under 59%.

#TxLege conservatives running for higher office -- Democrats may continue to make Joe Straus the Speaker of the House, but it is quite clear that if you ever want to move up in Texas politics, then you should stay far away from Joe Straus.

I heard people talk about Straus staffer Eric Opiela as a shoo-in and he won't even make the runoff. Meanwhile, Straus tried to end Wayne Christian's political career, but now he is poised to be a statewide officeholder.


MSM slate candidates -- they all did worse than expected. Why would any Republican running in a competitive statewide primary spend time seeking endorsements that lose you votes? I don't understand how any of their consultants let them.

Wendy Davis -- yeah, she couldn't motivate anyone to vote in the Democratic primary, but that's no surprise and no big deal. General elections are not won or lost based on how many people vote in the primary.

The big deal is that -- as of right now with 67% in -- she is getting 78% of the vote against a no-name AND SHE IS LOSING IN SOUTH TEXAS. A Democrat can't pull off a miracle upset when losing against a no-name in South Texas counties. Are the folks down there turned off by her pro-Obama liberalism or do they just not care enough to vote for her?

There's really no good way for the Obama staffers running her campaign to spin this. It shatters the whole "we'll win non-voting Latinos" myth that Texas Democrats try to make themselves believe every four years. "But it's different this time," they cry. The data does not support their claim.

Online polls -- Polling primaries is not always easy. But it's even harder when you change the whole basis of random sampling and then hope that your opt-in sample uses demographic features that are enough to construct a sample that is similar to primary voters.

In fact, one might expect that certain subgroups like libertarians would be drastically oversampled online. Oversampling libertarians has long been a problem with online polling. And, voila! Debra Medina, who previously played footsie with 9/11 Truthers, is at 19%. She's got the same libertarians she got 4 years ago, and not a voter more.

David Dewhurst -- will he even decide to burn more money on the runoff? Short of a Patrick blowup, I see zero paths to Dewhurst even getting 45% of the vote, much less the 50% he needs to win. By the way, he frequently trashed his 2012 campaign team over the last couple years, but this sub-30% performance tonight actually suggests that they did a good job (as I contended at the time).

Trial lawyers -- the Ted Cruz #SCOTX endorsements crushed any hopes their slate had of winning. The money they spent to try to stop Dan Patrick was wasted.

Posted by Evan @ 03/05/14 12:16 AM | Comments (0)


02 March 2014

Democrats for Dan Patrick

The Texas Democratic Party has endorsed Dan Patrick for Lt Governor:

Democrats for Dan Patrick

This follows a long tradition of Democrats picking the weakest Republican candidate and then spending money advertising them as "too conservative," so that they will win the GOP primary. A few examples immediately come to mind: Harry Reid only managed to win in 2010 by doing this to Sharron Angle. Garry South did it to Bill Simon in 2002 so that an unpopular Gray Davis could get re-elected governor of California (and then be recalled a year later).

And of course, Claire McCaskill and the Missouri Democrats spent heavily on ads like this to give us Todd Akin.

I'm not terribly worried about Dan Patrick losing. Leticia Van de Putte is a weak candidate who is prone to stereotyping and who needs 10 second pauses in order to answer easy questions.

But then again, shock jocks gonna shock jock. A Dan Patrick blowup is the Democrats best chance of winning statewide in 2014.

Posted by Evan @ 03/02/14 10:13 PM | Comments (0)


23 February 2014

Pete Sessions doesn't live in Texas

This video is "ouch" for Pete Sessions. He clearly doesn't live at the address he lists in Dallas.

hat tip to Breitbart Texas

Posted by Evan @ 02/23/14 07:43 PM | Comments (0)


20 February 2014

The MSM endorsement list

In recent years, Texas newspapers have done an impressive job of picking losers in near-unison. Sure, there were a few dissenters here and there, but the vast majority of editorial boards made the following selections:

Kay Bailey Hutchison over Rick Perry
Bill White over Rick Perry
David Dewhurst over Ted Cruz
Paul Sadler (who?) over Ted Cruz

In each one of those cases, they took the more liberal candidate for the office. Clearly MSM editorial boards in Texas have different values than the majority of Texas voters.

There has been similar agreement this year in MSM endorsements for the competitive races. There have been a couple of differences, but there has been a clear leader in each race for the most number of newspaper endorsements.

Here is the MSM endorsement list:

For Lt Gov: David Dewhurst
For Attorney General: Dan Branch
For Comptroller: Harvey Hilderbran
For Agriculture Commish: J Allen Carnes or Eric Opiela
For Railroad Commish: Ryan Sitton

What do you think? Have the editorial boards again identified the least conservative candidate in the Republican primary?

Posted by Evan @ 02/20/14 07:29 AM | Comments (0)


19 February 2014

Some DC reporters seem to think only the leadership has any power

Chris Cilizza writes, "Ted Cruz isn't planning to be in the Senate for very long." Here is a condensed version of Cilizza's argument:

[T]his latest gambit by Cruz may well be the most telling because it directly impacts two men who, if Cruz had any thought of sticking around the Senate for any extended period of time, not only could, but would make life very uncomfortable for him.

McConnell and Cornyn, both of whom are favorites to win their primaries, will never forget Cruz's move this past week.

Cruz won't be climbing the leadership ladder. Ever.

Well, duh. Cruz won't be climbing the leadership ladder. So what? That means nothing about whether he'll be in the Senate for 2 years or 40 years.

But two points:

1. Political reality trumps whatever hurt feelings have occurred now. Cornyn needs Cruz more than Cruz needs Cornyn. It's been true so far and probably will remain so for awhile. McConnell is also a pretty sharp observer of political reality -- just witness his charm offensive of Rand Paul.

Put differently: Ted Cruz's power base is conservatives across America, not the personal feelings of the current occupants of the Senate GOP leadership offices. If Ted Cruz maintains his popularity with those folks, then the leadership can't afford to antagonize Senator Cruz.

2. Not everyone who angers the leadership goes on to a short tenure in the US Senate. Jesse Helms served in the US Senate for 30 years if memory serves. Despite poking the leadership in the eye as much as possible, he managed to chair both the Agriculture and Foreign Relations Committees.

Hedrick Smith's seminal book on Congress described Helms as a "devastatingly effective power broker" in large part because he refused to toe the leadership line. Cilizza might want to re-read it.

I know Ted Cruz cares about ideas. If you observed him on the campaign trail in 2012, you'd have noticed that he was most engaged with voters when discussing issues, and the more arcane, the better.

So as long as the US Senate is his best opportunity to defend liberty, then I imagine you'll still find Ted Cruz there.

Posted by Evan @ 02/19/14 09:11 PM | Comments (1)


Dan Patrick hired illegal immigrants

Dan Patrick has a long record of changing positions. He's flip-flopped on Dewhurst more times than I have fingers. He's flip-flopped on Ted Cruz. He's been for a full-time Texas legislature, then against it. The list could go on and on.

He's run a virulent campaign for lieutenant governor targeting illegal immigrants. The former shock jock has gotten increasingly shill as the campaign goes on.

He used to feel differently when he owned a restaurant. Back then, Dan Patrick employed multiple illegal immigrants. In fact, Dan Patrick even wrote a letter to help one of them obtain citizenship.

Andrade, who worked as a dishwasher and then a cook at Dan and Nick's Sports Market in the Rice Village from 1984 to 1986, described Patrick as a compassionate boss who extended help when Andrade's mother was ill.

He said Patrick wrote a letter recommending him when he applied for U.S. citizenship, which he attained in 1992. He said the letter was a requirement for him to prove he had been employed in the United States consistently since his arrival in 1980.

Andrade said he is married, with five children, including a son in the U.S. Army.

"I saw him as a very good person. Almost like my father," said Andrade. "He was so good at that time, helping Hispanics grow up in this country. We were so appreciative of him."

Dan Patrick has run a dishonest campaign. He's denounced others for hypocrisy at the same time he's been guilty of his own hypocrisy.

Posted by Evan @ 02/19/14 08:40 PM | Comments (0)


18 February 2014

Dan Patrick says Dewhurst has the same record as he does: inaction, hypocrisy, and duplicity.

Dan Patrick in 2014:

"Dewhurst has a proven record of inaction, hypocrisy and duplicity," Patrick said, contending that an outsider like himself is needed to get things done in the state Senate.

Dan Patrick in 2012 said "[David Dewhurst's] record was the same as Rick Perry's and mine." Here's the screenshot of Patrick/Goeb's Facebook rant:

Dan Patrick says David Dewhurst has the same record

In the same Facebook post endorsing Dewhurst's nasty campaign against Ted Cruz, Dan Goeb/Patrick then revised it to say that they share 98% of the same record.

Dan Patrick and David Dewhurst 98% same record

Posted by Evan @ 02/18/14 01:04 PM | Comments (0)


16 February 2014

We are under invasion

Dannie Goeb was born up in Nancy Pelosi country -- in fact, Pelosi's father was mayor when Goeb/Patrick was born. So I am entirely in agreement with Dan Patrick that we Texans are under invasion.

But then again, shock jocks gonna shock jock. They'll call Ted Cruz a liar, "endorse" Cruz's opponent and then do a Wendy Davis-style flip-flop a few months later and proclaim that Cruz should be president.

Is that who we want to be one heartbeat away from 1010 Colorado?

Posted by Evan @ 02/16/14 09:17 PM | Comments (0)


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