Eric Deters' Libel Lawsuit Against The Whistleblower Is Dead: ACLU Saw Case As Bid To Stifle Political Satire

Whistleblower Lawsuit Settled

CINCINNATI (TDB) -- Less than two weeks before the trial, Northern Kentucky lawyer Eric Deters has abandoned his libel lawsuit against Jim Schifrin, publisher of a satirical online newsletter called The Whistleblower.  The publication is widely read in the Cincinnati area and started in the 1980s as a fax that was sent daily; it now resembles a blog that comes via e-mail.  The notice of dismissal was filed today.  The settlement approved by Hamilton County Common Pleas Judge Bob Winkler calls for Schifrin to print an unedited statement from Deters -- something that Schifrin said he would have done long ago if asked.  (You can read the statement below.)  No money was paid out, and the out-of-court deal appears to be a victory for Schifrin and The Whistleblower.   The ACLU of Ohio represented the online publication.

Scott Greenwood, the Cincinnati lawyer who handled the ACLU's defense of the online publication, said Deters looked to be using the court system in an effort to silence someone who had a differing point of view.  Said Greenwood: "Political satire is a centuries-old tradition that has been used by visionaries  like Mark Twain, Aristophanes, and Jonathan Swift.  While the merits of Mr. Schifrin's stories may be debatable, his right to publish those ideas is not.  In addition, the courts should be used to expand our constitutional rights, not silence those contributing to civil discourse.  In the future, I hope Mr. Deters excercises his First Amending rights instead of using the courts in an attempt to curtail someone else's."  Links to earlier stories about the libel suit are here and here.  And some of Eric Deters' statement published by today's Whistleblower is as follows: "I remember receiving the “Whistleblower” by fax every day when I was a young lawyer and involved in politics.  I laughed.  When I received the nickname “Call Me Crazy”, I laughed.  I embraced this name.  Somewhere along the line, I believe the “Whistleblower” became a little too mean.

Who Elected Sean Hannity? Conservative Talker Given Police Chauffeur In Cincy

CINCINNATI (TDB) -- This is juicier than a prime rib rare: Conservative talk show host and FOX News Channel commentator Sean Hannity was chauffeured in Cincinnati by a publicly funded law enforcement agency to a ritzy steakhouse luncheon date with former New York Mayor Rudy Giuliani.

That's what the Whisteblower is reporting. Publisher Jim Schifrin says Hannity was granted special treatment on Thursday, August 9, 2007. Others are wondering: Since when does working for Rupert Murdoch confer the status of governors, heads of state or royalty.

Why else would the cops drive him to lunch? If Hannity was running late, then the right wing mouthpiece should have fought traffic like the rest of the citizenry, the great masses who actually work for a living. Here's Schifrin's item mentioning the luncheon (and if you are an Ohio taxpayer, please don't choke while reading):

"Republican Presidential hopeful Rudy Giuliani came into town on Thursday for several whirlwind appearances here. Oddly, Sheriff Si Leis used his offices and vehicles (not the Cincinnati police) to escort Giuliani to Ruby's Steak House on Walnut Street downtown, with blue lights and sirens, for a lunch-time fundraiser. Leis again used his staff and vehicles to bring Fox News Channel's Sean Hannity to the restaurant half an hour later. Semper Si never has realized the County vehicles are not a private chauffeur service for the use of his friends."

So far, no response from authorities. The Aug. 11, 2007 issue of the Whistleblower is available online at this Website, and contains the account of Hannity's chauffeured trip to lunch in a law enforcement vehicle. One must read down through several items. Schifrin often breaks news, and he oftens insults people, and he's been doing it for years. If his account of Hannity's special treatment holds up, he's scored a major scoop about a fatheaded hypocrite named Hannity who saw nothing wrong with abusing the taxpayers. Cops as chaffeurs?

Hannity was in town for a "Freedom Concert" Thursday night at Kings Island amusement park, where money was raised for military families. Giuliani took the stage and addressed the concert crowd of about 10,000 and delivered a barb that appeared directed at politicians who don't support the War in Iraq:

"There's nothing wrong with the morale of the American troops. There is something wrong with the morale of some American politicians."

Feds Sue Ohio Drugmaker: 1000% Markups Alleged

CINCINNATI (TDB) -- The Justice Department entered a whistle blower lawsuit in Boston that contends a generic drug manufacturer in Ohio overcharged Medicare and Medicaid by more than $500 million, and that some prescription markups exceeded 1,000%.

The government says Columbus-based Boehringer Ingelheim Roxane Inc., which is commonly known as Roxane, "engaged in a scheme to report fraudulent and inflated prices for several pharmaceutical products, knowing that federal health care programs established reimbursement rates based on those reported prices."

Federal prosecutors intervened Monday, but somehow the action received scant attention. Roxane said it has complied with all law, and professed disappointment with the Justice Department's action.

[Ed Note: The only news report I found is this brief Associated Press report that did not spur much interest among the state's major media outlets. It does mention that Roxane is in Ohio. There might be more, but this does seems to fall under the category some of the news they seem to lose.]

Of course, soaring prescription drugs costs have been a major issue for years. Public discontent has led some Americans to go to Canada for cheaper prices, or to try Internet pharmacies that offer discount drugs. Medical costs, including drugs prices, have become an economic competitiveness issue. Old-line and unionized manufacturers are being crushed by health care expenses. And the cost of medicine played a huge role in last fall's election, with Democrats like U.S. Sen. Sherrod Brown contending Washington has been almost been a captive of the pharmaceutical industry.

Meanwhile, federal prosecutors said their case against Roxane is about the "spread" -- the difference between the inflated government reimbursement rates and the actual price paid by health care providers. The larger the "spread" the larger the profit on a drug.

"Fraudulent pricing practices in the pharmaceutical industry have provided illicit profits for pharmaceutical manufacturers and providers at the expense of of the taxpayer. Our intervention in this lawsuit is another example of our ongoing effort to combat these these practices and hold its perpetrators accountable for their misdeeds," Peter D. Keisler, assistant attorney general for the civil division said in a statement.

Maybe he was signaling that Washington finally is going to start digging into drug prices and looking for explanations behind the high costs. The company's Web site can be found byclicking here.