Wall Street Journal Profiles Center for Class Action Fairness

Class actionThere’s a great article in this morning’s Wall Street Journal by Ashby Jones, and I don’t say that only because it profiles Ted Frank, the brilliant, handsome fellow who sends me a paycheck every month. It’s about the Center for Class Action Fairness LLC, the public interest legal program where I serve as senior counsel.

Here’s what we do. The idea behind a class action settlement is that a large group (a “class”) of people has been treated badly; the settlement is supposed to combine all the potential lawsuits into one master suit, compensate the class and end all related litigation. The center gets involved in (technically, “objects to”) bad settlements which betray the interests of the class.

After all, a bad settlement will accomplish little or nothing for the people that should benefit from it—the center has successfully objected to bad settlements that produce valueless or nearly valueless compensation for the class, such as coupons that require class members to do business with the offending defendant in the future in order to benefit from the settlement.

In the meantime, class action settlements often create huge paydays for the lawyers, who are supposed to funnel most of the benefits of the settlement to the class, but instead may receive payments of hundreds of thousands, or even millions, of dollars. The goal of the Center for Class Action Fairness is to ensure that the members of the class, not just their lawyers, are treated reasonably.

[Read more...]

GOOD NEWS!: Wal-Mart Slashes Health Benefits

THERE IS NO BAD NEWS, GODDAMMITREMEMBER, PEOPLE: There is no bad news! 

The Wall Street Journal editorializes today on Wal-Mart’s announcement last week that, due to skyrocketing health care costs, the company will cut health benefits for many part-time employees. The WSJ castigates the retailer for its past political cover for Obamacare, and notes with dark foreboding what this portends for the future of employer-provided health insurance.

Quoth the Journalistas (subscription needed):

The larger danger is what happens when the new law’s subsidized insurance exchanges become operational in 2014 and scramble the labor market. The Obama plan exposes businesses to “pay or play” penalties that are supposed to keep the employer market from unraveling and that Wal-Mart supported in part to shackle its smaller competitors. But once the regulations are finalized, many businesses may look rationally at the new incentives and conclude that shedding their health costs and paying the penalties is cheaper than the status quo.

This will be especially true in industries with large numbers of low-wage, low-skill workers—like hotels, restaurants and, yes, retail—so Wal-Mart’s benefit drawdown is especially worrisome if it is a prelude to a taxpayer hand-off.

But be of stout heart and good cheer, because when it comes to health care reform…there is no bad news! (This post brought to you by the Arkansas Center for Health Improvement!)

‘There Is No Bad News!’: Check Out These Arkansas Health Insurance Exchange Ads

ACHI proposed Obamacare magazine ad

Proposed health care reform magazine ad developed by Arkansas Center for Health Improvement (click for larger)

At last week’s Arkansas Health Care Benefits Exchange Summit in Little Rock, event organizers mentioned some ad products that had been prepared to promote the Affordable Care Act/Obamacare launch in the state. Some of the ad materials were presented at the summit meeting, but have not been available to the public.

UNTIL TODAY!

I requested copies of the materials that had been developed under the $1 million planning grant the state had received from the federal government to plan the state health insurance exchange. The Arkansas Insurance Department (AID) kindly provided said materials, as seen here.

The ads had originally been planned to run this month, but AID spokeslady Alice Jones says these efforts are on hold, since Gov. Mike Beebe elected not to pursue the next stage federal grant for establishing the exchange. All the products were developed under the banner of the Arkansas Center for Health Improvement.

At the top of the post is a magazine ad targeted at small businesses, aimed at selling them on the benefits of Obamacare in general and the state health insurance exchange specifically (you can click the image for a version that is larger but still kind of hard to read). AID also provided a direct mail piece that reflects the same design theme and message as the magazine ad.

Meanwhile, click on the audio player below to hear a 60-second radio spot pitching the “good news for business owners” message:

 

“The bad news? There is no bad news!” the overcaffeinated announcer tells us. Well, OK, then!

That means we can ignore these studies from, say, Wisconsin and Ohio showing that the the health care reform law will only lead to higher health insurance premiums. Or the McKinsey survey from this summer suggesting that many more employers will drop health insurance when Obamacare kicks in than had been previously expected. Fear not! There is no bad news! 

[Read more...]

McDaniel Makes Right Move on Settlement Funds

Dustin McDaniel's breaks open the piggy bank

With new policy on legal settlement funds, McDaniel hands over the piggy bank.

When public officials make mistakes, they deserve criticism. When public officials do the right thing, they deserve praise. Arkansas Attorney General Dustin McDaniel did the right thing recently, when he announced a revised policy on the distribution of class action settlement funds. It’s a move that deserves commendation.

Let’s back up: This summer, McDaniel came under criticism, from this site and other media outlets, for directing funds awarded to the state from class action settlements toward charitable organizations—a practice that, many have noticed, seemed geared more toward McDaniel’s political interests than the public interest. In addition, the practice (which, to be fair, has been exercised by previous holders of the office) is arguably unconstitutional.

This month, McDaniel revised his office policy on settlement funds, effectively ending the practice of directing those funds to charities chosen by the attorney general. McDaniel’s new policy means that, in a matter of months, the state of Arkansas should ultimately have something like an extra $7 million dollars available in its budget.

For a more detailed exploration of this new policy, you can read the latest paper from the Advance Arkansas Institute (PDF). For a look at the original policy memo distributed by the AG’s office on October 11, click here (also PDF).

I can only hope that our legislators will do the right thing and dedicate these new funds not to additional state spending, but toward growth-oriented tax relief for Arkansas taxpayers. Regardless, McDaniel’s adjusting course on how legal settlement funds are handled is welcome news, and he deserves credit for making his office more accountable to the legislature and to the public.

Let’s Raise A Glass To Our Free Trading Congressmen!

Congress OK's free trade dealsHey, look at Congress! While you weren’t paying attention they took a break from being more or less absurd in order to do something worthwhile, passing three new free trade agreements (FTAs).

All six of our Arkansas Congresspeople cast votes in favor of the FTAs, which open up trade relations with Colombia, Panama and South Korea.

This is a good thing, yes? We like free trade and see it as a generally positive deal, right? Sure, yes, hooray. This one’s all yours, Cato Institute:

Judging by actual U.S. trade flows since their enactment, the 14 most recent FTAs give strong evidence that trade agreements deliver the predicted boost to trade with the partner countries. Based on this record, we can expect the pending agreements with Korea, Colombia, and Panama to promote both U.S. imports and exports for the benefit of U.S. manufacturing, agriculture, and the overall U.S. economy.

All right, then! Approved!

And here, let’s play a fun new game. I’ve got statements on the new trade pacts from five of our six Congressional representatives and senators listed below. Here’s how you play:

Step one: Try to figure out which bland, interchangeable official statement in favor of free trade belongs to which Arkansas member of Congress! 

Step two: Try to figure out why you’re even playing this idiotic game, because who the hell cares which bland, interchangeable official statement in favor of free trade belongs to which Arkansas member of Congress!  

OK, now let’s play! Aaaaaand….GO!:

[Read more...]

Beebe Administration Just Won’t Take No For An Answer on Health Exchange!

Arkansas Gov. Mike Beebe

Worried about Obamacare? Gov. Mike Beebe has a message for you.

Man, what is the deal with Gov. Mike Beebe’s state Department of Insurance? These guys! After lawmakers declined to pass legislation to set up a state health care exchange, the Department of Insurance, under the leadership of Beebe hand Jay Bradford, got right down to work…planning an insurance exchange with a $1 million federal grant. Hm, OK.

Then they came back to the legislators last month asking to request another $3.8 million from the feds to continue planning the state run health exchange. Which they’re absolutely not setting up. Six Republican lawmakers said they didn’t think pursuing the grant was a good idea, since the state isn’t setting up an exchange, after all. In response, Democratic Gov. Mike Beebe said he’d not proceed. Well, guess that settles that! We’re definitely not setting up a state insurance exchange!

Which is why it’s so strange that this morning I attended an event in west Little Rock, hosted by the state Insurance Department, all about setting up this new state-run insurance exchange. What the hell, guys?

You can read all about it in this report from the AP’s estimable reporter Andrew Demillo, but the most fun, at least in the part I attended before I came to my senses and left, was when they opened up the floor for a Q&A session with Bradford, Arkansas Surgeon General Joe Thompson and Joel Ario, who until recently headed up the federal Office of Health Insurance Exchanges.

At that point, a steady stream of GOP lawmakers stepped up and started challenging Bradford et al. on the decidedly one-sided, propagandistic nature of the taxpayer-funded summit. That’s when things got slightly edgy.

[Read more...]

Farewell, Ernie P., We Hardly Knew Ye!

OK, so hated Arkansas Scholarship Lottery Director Ernie Passailaigue (sp? I don’t care, I’ve looked it up for the last time) has resigned, at last, good riddance. Let us never speak of him again.

Who will replace him? Well, I suppose you can sit around and gas over who MIGHT be up for the job, or we can take matters into our own hands and start recruiting some candidates (UPDATE, 9/26: Ha ha, joke’s on me—Craigslist removed the ad citing a violation of service agreement. Score one more for “The Man”!”). Let’s go, people:

[Read more...]

Feds: Arkansas Pays $161 Million in ‘Improper’ Unemployment Benefits (Updated!)

Wasted unemployment funds in Arkansas

Click image for more.

From the department of waste, fraud and abuse: New data from the U.S. Department of Labor tells the sad tale of how states made some $19 billion in “improper” unemployment benefits over the last three years.

In Arkansas, that total runs to more than $161 million in erroneous payments from 2008-2011, according to DOL. The lion’s share of the erroneous payments, 63 percent, were made to people who continued receiving benefits after they had gone back to work, when they were no longer eligible.

The data was released this week as part of a White House push to cut waste. Good luck with that! And though Arkansas’s $161 million tab is ugly, it’s uglier yet in other states, reports the Wall Street Journal:

The Labor Department launched a plan to crack down on the improper payments, targeting Virginia, Indiana, Colorado, Washington, Louisiana and Arizona in particular for their high error rates. Those states will undergo additional monitoring and technical assistance until their error rates dip below 10% and remain there for at least six months, according to the Labor Department.

We might surmise that much of the waste stems from rapidly increased demand for unemployment benefits from 2008 to 2011, and from the massive influx of dollars into the program via the Obama administration’s 2009 economic stimulus plan (with Arkansas getting more than $807 million in stimulus funds to prop up unemployment insurance, as we learned last month).

The news does little to bolster confidence in Obama’s latest push to tackle the jobs problem through, in part, further extensions of unemployment benefits. But even Democrats in Washington are running pretty cool on that new proposal, aren’t they?

UPDATE: Roby Brock at the indispensable Talk Business has picked up on this story and adds some helpful context to the discussion:

Arkansas’ unemployment trust fund went as deep as $360 million in debt to the federal government as the state borrowed money from the feds to pay for jobless benefits. Arkansas legislators and business leaders changed a number of provisions in the past two sessions to repair the trust fund’s solvency and projected that the state could be debt-free by 2015.

This Week in Terrible Things! (August 6-12)

Arkansas lottery: Tax deadbeatsOh, the hell with it, let’s just do a few of these links and be done with it for the week.

Bully Pulpit: Will Arkansas ‘Cyberbullying’ Law Criminalize Free Speech?

City officials in Renton, Wash., are scrambling to identify the creator of a series of web videos exposing corruption and incompetence in the city police department. The videos (simple cartoons created on Xtranormal.com and distributed via YouTube) allege a variety of sex scandals, unearned promotions, drunkenness, abuse and more. Here’s a taste (includes some NSFW language, in case you have an uptight supervisor or co-worker in earshot):

The city prosecutor is seeking to identify the anonymous creator of the videos, alleging that, since the purpose of the videos is “to harass, intimidate, torment or embarrass” members of the department, the creator has violated state cyberstalking laws.

And given that Arkansas passed a similar cyberbullying law in the 2011 legislative session, the implications of the case are worth a closer look.

[Read more...]