With ethics disclosures revealing that Robert F. Kennedy Jr. continues to receive payments from personal injury law firms and as lawmakers in Albany push a proposal that will allow lawyers to file lawsuits through non-profit groups, a storm is brewing—one that could further solidify New York’s dubious distinction as the litigation capital of the world. These developments could undermine bedrock legal and scientific principles and set the stage for lawsuits that rely on junk science, spread misinformation, and exploit populist anxieties.
Both the US Senate and the New York State Legislature must recognize the risks involved and proceed with caution.
Plaintiffs’ attorneys are cheering for Kennedy’s confirmation to head Health and Human Services, especially those specializing in large scale litigation against food and beverage companies and innovators in life sciences and medical devices. With Kennedy at the helm of HHS, which oversees the Food and Drug Administration and the Centers for Disease Control and Prevention, there is a legitimate fear that his leadership and free-wheeling public comments––about everything from vaccines to WiFi––could fuel questionable lawsuits that line the pockets of plaintiffs’ attorneys at the expense of innovation, public health, and affordable access to life-saving interventions.
Parallel to the concerns about Kennedy’s nomination, a legislative proposal in Albany threatens to further degrade the integrity of New York’s notorious civil justice system and invite lawsuits based on pseudo-science. The deceptively named “Consumer and Small Business Protection Act,” proposes to allow third-party non-profit organizations to file lawsuits even when there is no evidence that anyone suffered any direct harm. This would set a dangerous precedent, enabling legal actions based on hypothetical injuries and opening the door to a barrage of groundless lawsuits. A similar law exists in the District of Columbia, which is ripe for exploitation by attorneys and non-profits under populist “somebody please think of the children” legal theories.
If enacted in New York, this policy threatens to create an ecosystem ripe for misuse by opportunistic law firms masquerading as consumer advocates. Dubious non-profits will serve the interests of the personal injury trial lawyer lobby rather than the public. As written, the bill invites a deluge of no-injury cases that would burden businesses, stifle economic development, and exacerbate the cost crisis facing families throughout the country as expensive settlements translate to higher prices in the grocery store and at the pharmacy.
The US Senate must scrutinize not only Kennedy’s controversial views and bizarre statements, but also his financial entanglements with personal injury law firms before confirming him to a position where his public comments and regulatory edicts could become fodder for jack-pot litigation. At the same time, Albany must reconsider moving forward with a bill that would allow lawyers to set up non-profits for the sole purpose of filing lawsuits of dubious merit. New York is already ranked a top Judicial Hellhole due to an epidemic of fraudulent claims and excessive lawsuits––a scourge estimated to cost taxpayers and businesses $89 billion a year. Rather than policies that enrich trial lawyers, New Yorkers deserve civil justice reform that protects their well-being and their wallets.
The Big Apple has always been a beacon of innovation and progress. Let’s keep it that way by upholding scientific integrity and stringent legal standards, not by descending into a free-for-all that benefits lawyers at the expense of public health and economic prosperity.
Tom Stebbins is executive director at the Lawsuit Reform Alliance of New York.
