So lefties, what rightist thing to you support?

[Cort Haus]

Is this 'tort reform' an attempt to do something about the rampant and uncontrolled litigation culture that's destroying America? If so, I'm for it, as sue-mania is not a sensible way to run a country imv, whatever the shrill hyperbole here about protecting 'mass murderers' etc..

[Zkribbler]

Originally posted by Cort Haus
...the rampant and uncontrolled litigation culture that's destroying America...

I hereby turn my tinfoil hat to you. You need it more than I do.

[Arrian]

You never hear about the plaintiffs who should have won their cases but didn't. I was walking though Bob Hope Airport in Burbank last week and saw an advertisement by a law firm that does civil work for defendants. They bragged that they win 92% of the cases they take to trial. But you never read headlines crying: "Parapelegic grandmother awarded goose egg by jury!" It happens. You just don't see it.

Probably true. Kinda like people freaking out about Tanks losing to spearmen in CivIII. 99% of the time, that just doesn't happen. But the one time it does, it kinda sticks out.

-Arrian

[dannubis]

Originally posted by MrFun
A rightist position on a particular issue which I support . . . .






uh . . . . . . . .









um . . . . . .












well . . . . . . . .











I will get back to you on this one.

I actually laughed at this one

[Arrian]

Too contrived.

-Arrian

[Cort Haus]

Originally posted by Zkribbler


I hereby turn my tinfoil hat to you. You need it more than I do.

Tinfoil hats? WTF are you on?

I've heard that China is a more attractive investment opportunity than the USA these days, because of the obsession with litigation and victim culture.

[TCO]

I'm in the capitol of the Old Confederacy, Mike.

[MichaeltheGreat]

Hey George!

So what'chu been up to lately?

I moved from the bay inland a bit near the north end of Balboa Park, then got to do the professional gimp bit since December and not much else.

How are things in the land of mosquitos?

[MichaeltheGreat]

Originally posted by Cort Haus


Tinfoil hats? WTF are you on?

I've heard that China is a more attractive investment opportunity than the USA these days, because of the obsession with litigation and victim culture.

China's great - replaceable workers, product defects, fraud, workplace safety, none of that **** applies - coal dust or raw pollutants in the groundwater, who cares as long as business is boomin', right?

The closer you get to a laissez faire situation, the better it might be for foreign investors (unless you have a fraud driven bubble as in the other "tiger economies" but hey, a small price to pay, right? ), but it ain't much good for the rest of the folks living there.

[Zkribbler]

Originally posted by Cort Haus
I've heard that China is a more attractive investment opportunity than the USA these days, because of the obsession with litigation and victim culture.

Stop listening to Sean Hannity. He'll only lead you astray.

China is more attractive because the wages there are diddly squat.

BTW: If a company manufactures a defective product in China that they sell over here and it injures, maims or kills someone, the company can still be sued.

Tort reform just seeks to eliminate or reduce the legal risk from selling products that injure, maim and/or kill.

[MichaeltheGreat]

Originally posted by Arrian
Hmm. That seems like a pretty one-sided review of tort reform.

Surely some reform is warranted? Damages awarded can get ridiculous, especially when causation is questionable (for instance a person who got cancer who alleges they got it from work, but also happened to smoke 2 packs a day).

Maybe I've been corrupted because I work for a big insurance company, but I'm pretty sympathetic to capping damages or coming up with some other system for dealing with asbetos claims and such. There are about a gazillion asbetos suits out there. Only a tiny fraction are by people who are actually sick. Of those, how many are sick b/c of asbestos and how many are sick because they smoked or because of some other exposure?

I'm certainly open to the idea that the current reform effort is flawed. But it seems to me that the current system is also flawed.

-Arrian

If the defense can't adequately show contributory negligence and create reasonable doubt regarding causality, and can't (at trial or on appeal) achieve a reasonable and appropriate limit on punitive damages awards, my first question would be about the competence of the defense lawyers.

Maybe they blew their client's credibility in the first place (not to mention jury sympathy) by denying any liability, further denying that any event for which they could be liable ever happened, and suggesting that the plaintiff was simply looking for a quick buck.

[MichaeltheGreat]

Re: Re: Re: So lefties, what rightist thing to you support?

Originally posted by Flubber


About time !!! That mechanism has been a part of Canadian courts for years-- Actually it supplements the general rule that if you lose you pay the "court costs" of the other side. These costs are in a schedule and are a fraction (about one-third to one half) of the real costs.

But if someone does an offer similar to your 998 rule, the costs are the ACTUAL costs if you refuse an offer better than you do at trial.

The general rule was enough to prevent most frivolous lawsuits while the offer rule means it is unlikely that parties can afford to take the chance of refusing a reasonable offer.

The 998 offer has been around for a long time, it just isn't used much. It isn't perfect, but it's a useful tool.

[TCO]

Biking any?

[MichaeltheGreat]

Naah - can't.

In addition to the gimp right arm, I have a gimp right foot and ankle, that finally seemed to be doing better (able to walk a little bit (block or two) slowly with only moderate pain. That took a turn for the worse, so now it hurts like a mother****er with each step again, but my toes and front of the foot are still mostly numb.

Got to go now, watch Red Sox & Phillies.

talk to ya later

[TCO]

Good luck, big guy. Stay healthy. My secretary is deathly ill right now. No kidding. Got her some glasses. out of the blue. yuou never klnow.