February 22, 2002

Letter to the Editor
The Wall Street Journal

Dear Editor:

Those chronicling the corruptness permeating asbestos litigation (Tort Wars Get Personal, Holman W. Jenkins, February 20) should not overlook an episode in San Francisco, the West Coast capitol of this poster child of lawsuit abuse.

As the Recorder legal newspaper reported it: "Despite a random assignment in S.F. [superior court], 94 percent of one firm’s asbestos cases went to one of two law and motion judges." The paper’s review of 1999 and 2000 filings showed that of 201 asbestos complaints filed by the plaintiffs’ firm of Wartnick, Chaber, Harowitz & Tigerman, 198 went to Judge Ronald Quidachay, whom attorneys said more frequently denies summary judgment motions and lets cases go to trial than his law-and-motion partner Judge David Garcia.

When asked by Recorder reporter Dennis J. Opatrny how the random numbering process resulted in such an overwhelming percentage of his firm’s cases going to one judge, plaintiffs’ attorney Harry Wartnick replied: "I’m not going to reduce myself to addressing these accusations in the press."

A statistician we asked to review the odds for such an assignment ratio occurring randomly told us that the odds of winning a major lottery are vastly higher than what occurred in the San Francisco Superior Court.

So far as we know neither the local district attorney, state attorney general, nor state court administrators have investigated this incident.

Sincerely,

John H. Sullivan
President
Civil Justice Association of California
Sacramento