FEOS
Bellicose Yankee Air Pirate
+1,182|6700|'Murka

Agent_Dung_Bomb wrote:

Laws need to be fixed to put the brakes on frivolous lawsuits, but corporate America also needs to stop settling out of court on everything.  Most people that sue know that in most cases they won't have to go to court, as the company will settle to make it go away.  If they did nothing wrong, they need to stand up for that, not throw money at the issue to make it go away.
That's where tort reform is key. The companies settle because it's cheaper than going to court, even if they have an iron-clad case in their favor. Now, if we could get the law changed so that if you bring a suit and lose, you pay both sides' court costs...THEN we might see a decrease in these stupid lawsuits.

Edit: Dammit! Lowing beat me to it.

And true, it won't stop all abuses, but it would significantly cut down on the opportunistic lawsuits.

Last edited by FEOS (2009-08-05 04:23:41)

“Everybody is a genius. But if you judge a fish by its ability to climb a tree, it will live its whole life believing that it is stupid.”
― Albert Einstein

Doing the popular thing is not always right. Doing the right thing is not always popular
Dilbert_X
The X stands for
+1,817|6395|eXtreme to the maX
I don't think lawyer costs should be a factor, people should have straightforward access to the law.
Cutting court and lawyers costs is as critical as limiting payouts, maybe more so.
Fuck Israel
Pierre
I hunt criminals down for a living
+68|6964|Belgium

FEOS wrote:

Agent_Dung_Bomb wrote:

Laws need to be fixed to put the brakes on frivolous lawsuits, but corporate America also needs to stop settling out of court on everything.  Most people that sue know that in most cases they won't have to go to court, as the company will settle to make it go away.  If they did nothing wrong, they need to stand up for that, not throw money at the issue to make it go away.
That's where tort reform is key. The companies settle because it's cheaper than going to court, even if they have an iron-clad case in their favor. Now, if we could get the law changed so that if you bring a suit and lose, you pay both sides' court costs...THEN we might see a decrease in these stupid lawsuits.

Edit: Dammit! Lowing beat me to it.

And true, it won't stop all abuses, but it would significantly cut down on the opportunistic lawsuits.
Tort reform should include, IMO, (1) no more 'no cure no pay' (if you want to go to court, than start by paying your own lawyer), (2) no more juries deciding over important cases, and (3) stop the system of punitive damages (it's not because a company had financial reserves you're entitled to them).
lowing
Banned
+1,662|6940|USA

ghettoperson wrote:

lowing wrote:

Agent_Dung_Bomb wrote:


It's true that it usually does cost them less to settle than to fight it, and it may initially cost more in the short term, but would pay off in the end.  By forcing those that are just looking for quick payoff to actually have to go to court and make their case, they would be less likely to do so because they know they aren't just going to get money to go away.

See, the thing is, attorneys count on this as well.  They represent a plaintiff and get big bucks for never having to go to court on settlements.  If they actually have to prepare a case, and many are done Pro Bono, they too are going to be less likely to take on BS cases.
A policy where the looser pays the others court costs mighty also help.
It's a good idea, however in reality someone would end up getting fucked over who didn't deserve it. Also notice that a lot of these retards win these cases. It doesn't solve that.
the reasoning behind it is, if someone who wants to file a frivolous lawsuit stood a chance that THEY themselves would wind up paying, they might think twice about filing, and if they went to court and won, perhaps they actually had a case?
Pug
UR father's brother's nephew's former roommate
+652|6831|Texas - Bigger than France

lowing wrote:

Pug wrote:

Like a counter-suit right?
nope, no need to counter sue. Same law suit, if you file and you loose you pay without the other party having to prove anything.
I mean, you have the option to counter-sue.  Whether you exercise this right or not is up to you.
lowing
Banned
+1,662|6940|USA

Pug wrote:

lowing wrote:

Pug wrote:

Like a counter-suit right?
nope, no need to counter sue. Same law suit, if you file and you loose you pay without the other party having to prove anything.
I mean, you have the option to counter-sue.  Whether you exercise this right or not is up to you.
understood, but if you turned it into an automatic payout by the loser, people would probably think twice with a bullshit lawsuit.

In fact I will go one deeper. IF a judge throws out a lawsuit as frivolous, the filer should be forced to pay compensation of some sort.
pilebomb
Member
+8|6408
I got another way to get rich quick off the system! Go to school for a couple years, then when you can't get a job out of school, go ahead and sue for the tuition AND mental strain! Now I feel like a sucker for finding a job
http://www.cnn.com/2009/US/08/03/new.yo … pstoryview
ghettoperson
Member
+1,943|6938

lowing wrote:

In fact I will go one deeper. IF a judge throws out a lawsuit as frivolous, the filer should be forced to pay compensation of some sort.
That I'd agree with. If it was say, 5000 dollar fine it would make people think twice, without needing to re-mortgage their house if they lose. The cost of lawyers, especially good ones, is insane. Especially if the lawsuit gets dragged out over several months. Expecting an average Joe to fork over 500,000 dollars in legal fees is stupid.
Pug
UR father's brother's nephew's former roommate
+652|6831|Texas - Bigger than France

lowing wrote:

understood, but if you turned it into an automatic payout by the loser, people would probably think twice with a bullshit lawsuit.

In fact I will go one deeper. IF a judge throws out a lawsuit as frivolous, the filer should be forced to pay compensation of some sort.
Actually, I know that several lawyer's organizations are "trying" (yeah not hard) to pass an ethnics clause where you have to collect a fee to prosecute.  The prob is some lawyers enter into an arrangement where "no fee unless we win" arrangement.

In my opinion, a judge's fine would not be as effective as preventing these arrangements in the first place.
lowing
Banned
+1,662|6940|USA

ghettoperson wrote:

lowing wrote:

In fact I will go one deeper. IF a judge throws out a lawsuit as frivolous, the filer should be forced to pay compensation of some sort.
That I'd agree with. If it was say, 5000 dollar fine it would make people think twice, without needing to re-mortgage their house if they lose. The cost of lawyers, especially good ones, is insane. Especially if the lawsuit gets dragged out over several months. Expecting an average Joe to fork over 500,000 dollars in legal fees is stupid.
Yup you would pay say 5,000 cash up front ( personally I think more) just to file a law suit, immediately reimbursed if it passes muster from a judge as a legit lawsuit.
Agent_Dung_Bomb
Member
+302|7025|Salt Lake City

lowing wrote:

ghettoperson wrote:

lowing wrote:

In fact I will go one deeper. IF a judge throws out a lawsuit as frivolous, the filer should be forced to pay compensation of some sort.
That I'd agree with. If it was say, 5000 dollar fine it would make people think twice, without needing to re-mortgage their house if they lose. The cost of lawyers, especially good ones, is insane. Especially if the lawsuit gets dragged out over several months. Expecting an average Joe to fork over 500,000 dollars in legal fees is stupid.
Yup you would pay say 5,000 cash up front ( personally I think more) just to file a law suit, immediately reimbursed if it passes muster from a judge as a legit lawsuit.
I say $5K by the plaintiff and another $5K from the attorney.  That way you have less people filing bunk suits, and less lawyers willing to take the case if it's bunk.
lowing
Banned
+1,662|6940|USA

Agent_Dung_Bomb wrote:

lowing wrote:

ghettoperson wrote:


That I'd agree with. If it was say, 5000 dollar fine it would make people think twice, without needing to re-mortgage their house if they lose. The cost of lawyers, especially good ones, is insane. Especially if the lawsuit gets dragged out over several months. Expecting an average Joe to fork over 500,000 dollars in legal fees is stupid.
Yup you would pay say 5,000 cash up front ( personally I think more) just to file a law suit, immediately reimbursed if it passes muster from a judge as a legit lawsuit.
I say $5K by the plaintiff and another $5K from the attorney.  That way you have less people filing bunk suits, and less lawyers willing to take the case if it's bunk.
now that is a good idea
Spearhead
Gulf coast redneck hippy
+731|6979|Tampa Bay Florida
it's a free fucking country.

oh ya, and the first article says nothing about a lawsuit.

stupid assholes will be stupid assholes... thanks for pointing that out.  honestly lowing I would not care if you actually cared about what the topic is but anyone who has been around DST for more than a month can figure out that any topic you start will in some way support your agenda.  Which has been the same for years.

"Lazy poor black people"

"Lazy liberals"

"People who think corporations and rich people are evil"

..... *falls asleep*
lowing
Banned
+1,662|6940|USA

Spearhead wrote:

it's a free fucking country.

oh ya, and the first article says nothing about a lawsuit.

stupid assholes will be stupid assholes... thanks for pointing that out.  honestly lowing I would not care if you actually cared about what the topic is but anyone who has been around DST for more than a month can figure out that any topic you start will in some way support your agenda.  Which has been the same for years.

"Lazy poor black people"

"Lazy liberals"

"People who think corporations and rich people are evil"

..... *falls asleep*
I have no agenda. If I had one, I would be doing more than posting here. I have observations. Observations that I support via articles and links.

Do not be a hater because you can not dispprove any of it.


lastly I have never made a post about "lazy poor black people". I have however made posts about lazy poor people.
Braddock
Agitator
+916|6579|Éire

lowing wrote:

http://www.cnn.com/2009/US/08/03/plane.turbulence/index.html


These people will, by the time they land, have secured a lawyer to sue the airline for their injuries. They will also win, regardless to the fact that they ignored the safety rules issues before take off. Ya know why they will win?. It has become the American way to blame your stupidity on others in order to cash in. This falls under frivolous lawsuits already.



http://www.cnn.com/2009/US/08/03/new.yo … index.html

here is another example. she figured it out before she even entered the work force.
It's weird how Socialist Europe doesn't seem to have as big a problem when it comes to greed and frivolous suing... must be a byproduct of Capitalism!
lowing
Banned
+1,662|6940|USA

Braddock wrote:

lowing wrote:

http://www.cnn.com/2009/US/08/03/plane.turbulence/index.html


These people will, by the time they land, have secured a lawyer to sue the airline for their injuries. They will also win, regardless to the fact that they ignored the safety rules issues before take off. Ya know why they will win?. It has become the American way to blame your stupidity on others in order to cash in. This falls under frivolous lawsuits already.



http://www.cnn.com/2009/US/08/03/new.yo … index.html

here is another example. she figured it out before she even entered the work force.
It's weird how Socialist Europe doesn't seem to have as big a problem when it comes to greed and frivolous suing... must be a byproduct of Capitalism!
No, in europe you just get invaded when someone wants something you might have.
Braddock
Agitator
+916|6579|Éire

lowing wrote:

Braddock wrote:

lowing wrote:

http://www.cnn.com/2009/US/08/03/plane.turbulence/index.html


These people will, by the time they land, have secured a lawyer to sue the airline for their injuries. They will also win, regardless to the fact that they ignored the safety rules issues before take off. Ya know why they will win?. It has become the American way to blame your stupidity on others in order to cash in. This falls under frivolous lawsuits already.



http://www.cnn.com/2009/US/08/03/new.yo … index.html

here is another example. she figured it out before she even entered the work force.
It's weird how Socialist Europe doesn't seem to have as big a problem when it comes to greed and frivolous suing... must be a byproduct of Capitalism!
No, in europe you just get invaded when someone wants something you might have.
Who, from outside Europe, has invaded Europe in recent history? ...bearing in mind that both Russia and Nazi Germany were part of Europe.

And don't give me your Islamic conspiracy nonsense, I'm talking about actual real invasions.
lowing
Banned
+1,662|6940|USA

Braddock wrote:

lowing wrote:

Braddock wrote:


It's weird how Socialist Europe doesn't seem to have as big a problem when it comes to greed and frivolous suing... must be a byproduct of Capitalism!
No, in europe you just get invaded when someone wants something you might have.
Who, from outside Europe, has invaded Europe in recent history? ...bearing in mind that both Russia and Nazi Germany were part of Europe.

And don't give me your Islamic conspiracy nonsense, I'm talking about actual real invasions.
You are all too busy invading/conquering/surrendering to each other, to worry about outside invaders. Saving you is when outside intervention comes into play.
Braddock
Agitator
+916|6579|Éire

lowing wrote:

Braddock wrote:

lowing wrote:


No, in europe you just get invaded when someone wants something you might have.
Who, from outside Europe, has invaded Europe in recent history? ...bearing in mind that both Russia and Nazi Germany were part of Europe.

And don't give me your Islamic conspiracy nonsense, I'm talking about actual real invasions.
You are all too busy invading/conquering/surrendering to each other, to worry about outside invaders. Saving you is when outside intervention comes into play.
Still living off the heroics of your ancestors lowing?

And by the way, Russia got to Berlin first... Russia is in Europe.
nlsme1
Member
+32|5706
Personal experience tells me the first story there will inevitably be a suit, most likely settled out of court. The second story, she will never win in court, and will most likely never see a penny from any kind of settlement.
aimless
Member
+166|6414|Texas
I just laughed in real life:

As Thompson sees it, any reasonable employer would pounce on an applicant with her academic credentials, which include a 2.7 grade-point average and a solid attendance record.
lowing
Banned
+1,662|6940|USA

Braddock wrote:

lowing wrote:

Braddock wrote:


Who, from outside Europe, has invaded Europe in recent history? ...bearing in mind that both Russia and Nazi Germany were part of Europe.

And don't give me your Islamic conspiracy nonsense, I'm talking about actual real invasions.
You are all too busy invading/conquering/surrendering to each other, to worry about outside invaders. Saving you is when outside intervention comes into play.
Still living off the heroics of your ancestors lowing?

And by the way, Russia got to Berlin first... Russia is in Europe.
No not really, European nations are still fighting each other, kinda the reason why the fuckin world map makers can't keep up.


also I know Russia is a European country, kinda the reason why I said you have been invading/conquering/surrendering TO EACH OTHER.

PS, Russia taking Berlin was not because we couldn't. It was because we let them. Sorry



"No plans were made by the Western Allies to seize the city by a ground operation.[22] U.S. General Dwight D. Eisenhower lost his interest in the race to Berlin and saw no further need to suffer casualties in attacking a city that would be in the Soviet sphere of influence after the war.[23] General Eisenhower foresaw excessive friendly fire if both armies attempted to occupy the city at once."


taken from   http://en.wikipedia.org/wiki/Battle_of_Berlin
FEOS
Bellicose Yankee Air Pirate
+1,182|6700|'Murka

Braddock wrote:

lowing wrote:

http://www.cnn.com/2009/US/08/03/plane.turbulence/index.html


These people will, by the time they land, have secured a lawyer to sue the airline for their injuries. They will also win, regardless to the fact that they ignored the safety rules issues before take off. Ya know why they will win?. It has become the American way to blame your stupidity on others in order to cash in. This falls under frivolous lawsuits already.



http://www.cnn.com/2009/US/08/03/new.yo … index.html

here is another example. she figured it out before she even entered the work force.
It's weird how Socialist Europe doesn't seem to have as big a problem when it comes to greed and frivolous suing... must be a byproduct of Capitalism!
You all probably have more restrictive tort laws than we do here.

Just a guess.
“Everybody is a genius. But if you judge a fish by its ability to climb a tree, it will live its whole life believing that it is stupid.”
― Albert Einstein

Doing the popular thing is not always right. Doing the right thing is not always popular

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