Hey Tort Reform Advocates

[dennishoddy]

I have no direct financial interest in tort reform.

I just don't want insurance companies and corporations, the groups that have truly cut the middle class's throat, to get more protection than the ridiculous amount they already have.

Michael Brown

Nor should they be punished by frivilous law suits.

Companies, and individuals have been bankrupted defending frivilous lawsuits.

convicts in prison file them by the thousands.
Terry Miller of the OKC bombing comes to mind. Filed dozens of law suits about the food he was getting in prison. You and I had to pay for the gov to defend that.

Just the tip of the iceburg.

 

[poopgiggle]

So, what does justice come down to?

Politics. Period. End of Game.

It's always this way. Laws are created by politicians, their enforcement is affected by politics (LEOs are subject to political pressure), etc.

One think I do agree with both sides of that conversation. IF you want to sue somebody, and loose the case, the person losing the case must pay all costs.

This discourages legitimate suits. Can you imagine being a poor person bringing a legitimate suit against a large corporation? They could lose just because their legal team wasn't as good (for example), and at the end of it all you have to pay for whatever high-power firm the victor retained.

It works as long as the dude who's right always wins, which isn't the case at all.

 

[inactive]

It also depends on the definition of who "loses," which I pointed out earlier. That is very much open to interpretation, considering that most litigated awards are not exactly what either party originally sought as settlement.

 

[dennishoddy]

This discourages legitimate suits. Can you imagine being a poor person bringing a legitimate suit against a large corporation? They could lose just because their legal team wasn't as good (for example), and at the end of it all you have to pay for whatever high-power firm the victor retained.

It works as long as the dude who's right always wins, which isn't the case at all.

That was another point brought out in the radio persons discussion with an Attorney.
I don't have an answer for that one. Your comment of "It works as long as the dude who's right always wins, which isn't the case at all." is correct.


Back to the political leanings of the Judge, and possibility of bias? Does a female judge rule in favor of a female more than a male?

We have to remember a Judge at the local level are elected by Dem or Rep.

 

[Michael Brown]

Nor should they be punished by frivilous law suits.

Companies, and individuals have been bankrupted defending frivilous lawsuits.

convicts in prison file them by the thousands.
Terry Miller of the OKC bombing comes to mind. Filed dozens of law suits about the food he was getting in prison. You and I had to pay for the gov to defend that.

Just the tip of the iceburg.

I would much rather than a company or the government be compromised by frivolous lawsuits than to see a lone individual compromised by the power of corporations or the state.

On another note, I'm pretty sure you mean Terry NICHOLS.

Michael Brown

 

[inactive]

If our (OSA's) Terry Miller now filed suit against Dennis, would it be frivolous?

 

[dennishoddy]

I would much rather than a company or the government be compromised by frivolous lawsuits than to see a lone individual compromised by the power of corporations or the state.

On another note, I'm pretty sure you mean Terry NICHOLS.

Michael Brown

If I were the owner of a small business, or company, and some "trip, fall, and sue" person that makes a living doing that, filed a lawsuit against the small business or company, it would very likely put them out of business. If not directly, but indirectly when their insurance premiums skyrocketed to the point they could no longer afford the policy.
Individuals have been bankrupted being forced to defend against frivilous law suits, when they are totally in the right.
Loser pays.

JB still makes his fabulous income either way.

Your correct, I did mean Terry Nichols.

 

[poopgiggle]

If I were the owner of a small business, or company, and some "trip, fall, and sue" person that makes a living doing that, filed a lawsuit against the small business or company, it would very likely put them out of business. If not directly, but indirectly when their insurance premiums skyrocketed to the point they could no longer afford the policy.

How many people actually do this?

Individuals have been bankrupted being forced to defend against frivilous law suits, when they are totally in the right.
Loser pays.

There are already provisions for awarding legal costs.

No system is perfect, but relying on the discretion of judges instead of making unilateral rules like "loser pays" is really the better option.

 

[dennishoddy]

How many people actually do this?

I'm sure the OP could provide some insight on the numbers.
A relative that works video security at walmart says its not uncommon in their business to see people attempt to set up the "slip, fall, sue".

 

[inactive]

Let me tell you, as a p&c insurance claims employee, exaggeration and outright fraud it not uncommon.