Lawtigation?
The Massachusetts legislature has a innovative idea: craft a law that applies to pending litigation. A year and a half ago, AG Tom Reilly, perhaps tired of receiving gift cards from lazy relatives, sued the Indiana company Simon Property Group over the fees associated with their cards. At the time, Reilly alleged that the company had violated standing Massachusetts law. While that suit was pending, NY AG Eliot Spitzer nabbed some settlement bling from Simon and the US Office of the Comptroller of Currency gave consent to state gift card regulations.
So things were not going Simon’s way before the MA state senate got involved. And, hey, why should they? After all, Simon failed to look into their state compliance-litigation crystal ball before complying with federal regulations. And they should pay Big Time for that, right?
But in case anyone had any doubts about the final act of this thing (coming soon under “S,” for settlement, in The Twilight Zone) the lawmakers of Massachusetts got a bill started. State Senator Michael W. Morrissey, describing the bill’s effect on Simon Group’s defense, says, “‘’It’s like driving a knife through their heart. If we pass this, we will definitely make the attorney general’s job easier.”
Good, good. If one can’t go back in time or make laws with foresight of future concerns, ex pending facto lawtigation is the next best option. Let the AG start suing and then work out laws that apply to the lawsuits. Can’t miss. Best litigation strategy ever.
Trust us; we’re on the plan too. We heard about Massachusetts plan and immediately got to work. Already we have fashioned a very good New Year’s Resolution for 1996 and have decided to arrange our tax documents in time for April 15, 2004.