The Wal-Mart Bargain

The 20 November 2008 Wal-Mart stampede in Valley Stream, New York has, of course, kept the legal profession quite occupied. Nassau County DA Kathleen Rice has reached a settlement agreement with Wal-Mart.

Thus far, I give Ms. Rice high marks on the deal. The public is getting much more from Wal-mart than would be possible under a successful criminal prosecution. Wal-Mart is increasing its safety policies and procedures, thereby raising the bar for all such retailers. Victims of the stampede can, if they so choose, be compensated without resorting to the courts.

It's a good deal, BUT …

The program is only as good as its gatekeepers. Specifically, Ms. Rice's office has placed ads such as the one in the 9 May 2009 Newsday (page A 38), addressing "Anyone Present at the Valley Stream Wal-Mart Store on November 29, 2008, between 2:30 - 6:00 A.M."

Query: How many of those who will respond to the advertisement were, in fact, actually at Wal-Mart at the time? And how many of those who were will exaggerate their losses?

Observation: To get a claimant's affidavit, DA's website provides that one can "Download PDF English" or "Descarga PDF Español."

Query: How many of those who will be claimants, bona fide and otherwise, should not have been in America in the first place, let alone at the Wal-Mart?