The arrest of former Assembly Speaker Sheldon Silver brought to light issues concerning the intersection of politics and the legal profession, specifically within the context of high-stakes personal injury litigation. Following Silver’s apprehension, commentator Jeffrey Toobin recounted a historical anecdote involving the defunct law firm, Morris Eisen, P.C., describing it as “an outfit so extravagantly corrupt, so hilariously dishonest, and so creatively malign as almost to defy belief.” This firm’s legacy is tied to the current matter because Eisen’s son-in-law, who commenced his career at the firm, later co-founded the firm of Weitz & Luxenberg.
It was at Weitz & Luxenberg that Silver held a position reportedly lacking visible duties, and to which he directed profitable asbestos referrals secured from his associates at the Columbia clinic and other sources.
Political Connections and Referrals
While Weitz & Luxenberg was not charged with wrongdoing in the federal investigation and stated it requested Silver take a leave of absence, its significant political influence extends far beyond New York State. As noted by Kim Strassel in The Wall Street Journal, the firm served as then-Senate Majority Leader Harry Reid’s top contributor between 2009 and 2014. Furthermore, the firm played a similar role for Bruce Braley, a trial lawyer and Democratic candidate who subsequently lost an Iowa Senate race.
The other major asbestos firm that received lucrative patient referrals from Dr. Robert Taub’s now-discontinued Columbia University mesothelioma center is the Simmons firm of Illinois. This firm is also a notable political donor, identified by Strassel as the single largest backer of Senator Dick Durbin (D-Ill.).
The Fallout in Albany and Judicial Influence
The implications of Silver’s arrest swiftly impacted the political landscape in Albany. Reporting from various outlets detailed the extent of the upheaval:
- Andrew Hawkins of Crain’s New York noted the broad consequences in “Tarnished Silver: Speaker’s arrest upends most everything in Albany,” observing that Silver’s support for the teachers’ union had successfully “kept education reformers at bay.”
- Henry Goldman of Bloomberg provided additional context on the political fallout.
- Wayne Barrett offered insight into Silver’s “Friends of Shelly” network, which included Chief Judge Jonathan Lippman. Barrett pointed out that Lippman, “In his varied posts, has long overseen the very courts hearing the asbestos and other cases brought by Silver’s firm.”
A column by Joseph Nocera focused particularly on Silver’s accumulated influence over New York’s judiciary, achieved through methods described as “perfectly legal.” However, it is noteworthy that The New York Times later issued a correction stating that Nocera’s discussion regarding the judiciary in that specific column was “premised on several factual errors.” (Further details on this correction were reported by the New York Sun.) Separately, the New York Post reported that federal authorities are reportedly investigating activities within Manhattan trial courts.
