On the recordSeptember 8, 2011
Madam President, the oath that judges take is to do equal justice, and it says for the poor and the rich. Every day statutes of limitations require that a litigant file a lawsuit within so many days and file petitions in so many days. I see Senator Cornyn, a former justice on the Texas Supreme Court and attorney general of Texas. He fully understands that. I know he supports my view of this issue; that is, that the rules have to be equally applied. It is just not right to the little widow lady, it is not right that somebody with a poor lawyer, or whatever, misses a deadline and a judge throws the case out. And they do. Big law firms such as WilmerHale file motions every day to dismiss cases based on delay in filing those cases. Big insurance companies file lawsuits, file motions to dismiss every day against individuals who file their claims too late--and they win. So when this big one has a good bit of risk, presumably they have a good errors and omissions policy--that is what they are supposed to do. One reason they get paid the big bucks--and the average partner makes $1 million-plus a year--is because they have high responsibilities, and they are required to meet those responsibilities and be responsible. So I believe it is improper for us, while this matter is on appeal and in litigation, to take action driven by this continual lobbying pressure that would exempt one company. They can say it is others involved, but, look, this is always about one company.…





