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Title: Loser-Pays Tort Reform
Source:
PU
URL Source: http://patriotupdate.com/articles/loser-pays-tort-reform
Published: May 17, 2011
Author: Chuck Norris
Post Date: 2011-05-17 17:49:33 by CZ82
Keywords: None
Views: 8375
Comments: 19
Loser-Pays Tort Reform Written on May 17, 2011 by Chuck Norris Last week, President Obama came to my home state of Texas calling for immigration reform. He should have also rallied citizens for tort reform, which is a hot issue right now around the country and in Texas politics in particular. I’ve deferred (or better, repackaged) Part 2 of my article on bullies to oppose some real-life legal bullies — those sue-happy individuals (serial litigants) who tie up and abuse our court systems and civil rights to oppress and take from their victims (defendants). These corrupt plaintiffs often initiate frivolous lawsuits because they know most defendants will settle out of court rather than endure the expenses of a trial. The Point of Law website says that “well over 90 percent of cases settle out of court before a final legal resolution” — a fact that serial litigants are counting on. Black’s Law Dictionary says a tort is a “private or civil law wrong or injury, other than breach of contract, for which the court will provide a remedy in the form of an action for damages.” Tort law, therefore, is a body of law created through judges and by legislatures that is applied by courts in civil cases dealing with torts. (The term “tort” has its origin from the Latin term torquere, meaning “twist, twisted or wrong.”) As in most states across our union, Texas is in a battle for tort reform because of the serial litigants who take legal action for issues like getting too many kernels in their movie popcorn or not having toilet paper in a restaurant bathroom. The travesty of these cases and the need for tort reform is bottled up in the fact that defendants are subpoenaed to court and, even when they win their cases, have to pay the tens of thousands (and often hundreds of thousands) of dollars it cost to defend themselves against outrageous and often bizarre accusations. And if they choose to settle out of court, because it cost less than the legal fees to go to court, they still get the shaft. I know firsthand because I, too, have been the victim of these frivolous lawsuits. For example, in the 1980s, I had a family restaurant in Newport Beach, Calif. On average, I would encounter one frivolous lawsuit a month. One such case was two women who got into a fight in the ladies’ restroom. They sued me, saying someone should have been in there to break it up! (Yes, that is a true story — frivolous and completely ridiculous.) It cost me $2,000 to pay each plaintiff to drop the complaint, which was cheaper than fighting the lawsuit. Another frivolous lawsuit happened in Dallas, where the plaintiffs were demanding $175,000 in compensation. After talking to my attorney, he advised me that we could easily win the lawsuit, but it would cost me about $250,000 to fight it. So, I just paid the $175,000 to save $75,000 in legal fees. It was very frustrating to have to hand over the money just in order to settle a ridiculous lawsuit that had no merit. If you’ve fallen prey to the same type of crazy lawsuits, have no fear — loser-pays tort reform is here! What loser-pays tort reform is all about is forcing these serial litigants to pay for the defendants’ legal fees if they lose their case. Last Monday, May 9, the Texas House approved House Bill 274, which requires plaintiffs to do just that. This week, the Texas Senate will hear arguments to determine whether the bill deserves its final approval. Gov. Rick Perry was correct when he said in a press release last week, “This legislation will also protect Texas jobs and stimulate economic opportunity by relieving Texans and employers of the costs and burdens created by frivolous and drawn-out lawsuits.” This legislation would make the legal system less of a drag on the economy as well as less of a weapon for pilfering wealth. In addition, judges would be further restricted from taking advantage of their sworn duties by unilaterally legislating from the bench in areas that haven’t first been approved by the state legislature. Mostly, this legislation will cut down on bogus lawsuits and discourage unfounded and groundless litigation. I’m opposed to limiting anyone’s civil rights, liberties or due process, and loser-pays tort reform will not do that. But in a greedy, sue-happy nation like ours, such legal change is definitely overdue in every state. Frivolous lawsuits are tying up the entire U.S. legal system, hurting our economy and costing jobs everywhere. If Texas passes loser-pays tort reform, which I encourage all legislatures to do, then the Lone Star State will join Alaska, Oklahoma and Oregon in applying this true English (Prevailing Party) Rule to many civil lawsuits. Texas resident Mark Whittington, who also writes about state issues for the Yahoo! Contributor Network, echoes well why tort reform hasn’t been passed in other states: “… one reason that loser pays has not been more widely enacted in the United States is that the American bar is very powerful and jealously defends what … is a lucrative industry. Contingency fee lawyers can make a considerable amount of money in filing legal actions, even if sometimes the cases are weak.” I can’t roundhouse every junk lawsuit out of Texas or your state, but there is something we all can do to stand up to the trial lawyers and serial litigants. We can support loser-pays tort reform. Like in Austin, representatives in your state’s legislature are undoubtedly working right now to make tort reform a reality — but they can’t do it alone. They need to hear from you. Call your representatives and senators, and ask them to help us round up the trial lawyers and lottery litigants by supporting loser-pays tort reform.
Poster Comment: If this Bill goes through it will clear out the Courts dockets in a big hurry....
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#1. To: CZ82 (#0)
Were it only to go nationwide.... All those attorneys who'd have to go out and get REAL jobs, instead of being overt parasites on the economy... ((((sigh))))
List of those unable to think: Bumper sticker on DwarF's car: Losers do pay if their case is proven frivolous. Orly Taitz had to pay the court for wasting its time for example. If you initiate loser pays then the corporations will own our souls for good. Say the powerplant is polluting your property? You don't sue because you fear the judge may side with company because they are an important and powerful entity or you do sue and lose for the same reason and now you pay their court case of millions in attorney fees. Why do you want to accept the lies the corporations tell you and make Americans captive to such entities? Why did you accept the myth that legal court cases is what is weakening America?
"Keep Your Goddamn Government Hands Off My Medicare!" - Various Tea Party signs.
First thing tyrants do when they take power is kill all the lawyers.
"Keep Your Goddamn Government Hands Off My Medicare!" - Various Tea Party signs.
So you think the dumbasses that sued McDonalds for their coffee being too hot were entitled to that money?????? The point of this is to stop BS lawsuits not legitimate ones... Stopping the lawyers (I.E. ambulance chasers) as much as stopping the stupid litigants to start with... The lawyers who take on those "FRIVOLOUS" lawsuits (just to make a few bucks even though they know the case is BS) should be made just "as liable" for paying the bill as the litigants if they lose... It's commonly called "You're an adult, "phucking" act like one"!!!!
"I love the 45 caliber M1911, I respect the 9MM M9 Beretta but I only carry a CZ for my own personal protection". Quote courtesy of Lt Col John Dean Cooper, recognized as the Father of Modern Handgunning
Yep. What's your POINT, dummy?
List of those unable to think: Bumper sticker on DwarF's car: If you initiate loser pays then the corporations will own our souls for good. Say the powerplant is polluting your property? You don't sue because you fear the judge may side with company because they are an important and powerful entity or you do sue and lose for the same reason and now you pay their court case of millions in attorney fees. While loser pays would be good if the court always got it right. However they don't. I have to agree with Godwinson this one time. There are bad consequences either way.
I have to agree with Godwinson this one time. There are bad consequences either way. That wouldn't be a problem if we didn't have a shit load of Liberal political activists pretending to be judges....... This also wouldn't be a problem if there weren't a whole lot of crooked lawyers and cheesedick Liberals wandering this planet... But that ain't the way it is, so laws like this would stop a whole lot of BS lawsuits from even being considered much less actually going to court.... If you make both the lawyers and litigants responsible for their actions then a lot of this shit would stop...... simple.... Adults need to act like adults, not Liberals!!!!
"I love the 45 caliber M1911, I respect the 9MM M9 Beretta but I only carry a CZ for my own personal protection". Quote courtesy of Lt Col John Dean Cooper, recognized as the Father of Modern Handgunning
So we should ignore courts now? Like Stalin did?
"Keep Your Goddamn Government Hands Off My Medicare!" - Various Tea Party signs.
Yea, let companies design good conservative products that can kill or maime you at will and leave the littke people without resort. Cz, you scumbag, are advocating for a system of serfdom and if such a system was imposed then people would have to start to kill you and yours, IRA style. Because that is the resort people go to when they can't get things resolved in court. Boom, boom, boom. You want to live in that world so corporations can get away with stuff and make some billionaire even richer on his offshore account?
"Keep Your Goddamn Government Hands Off My Medicare!" - Various Tea Party signs.
I'm not talking "LEGITIMATE" lawsuits I'm talking BS ones.... Let's say you neighbor comes over to your house and says your dog bit him, and you tell him to get lost because you know your dog didn't do it.... Then a week later you get notification in the mail that you're being sued by the bastard... So now you're going to have to get a lawyer to defend yourself and have to go to court.... He has the mangled hand, doctors records and wife as a witness for proof of his being bit, and he identifies your dog as the culprit even though you know he didn't do it...... Hell it was probably his own dog but how do you prove it???? This is what I mean by frivolous BS lawsuits.... So after he takes your ass for $15-20,000 are you gonna go over to his house and shoot him?????
"I love the 45 caliber M1911, I respect the 9MM M9 Beretta but I only carry a CZ for my own personal protection". Quote courtesy of Lt Col John Dean Cooper, recognized as the Father of Modern Handgunning
Adults need to act like adults, not Liberals!!!! It would stop some of it for sure. But it would have bad consequences in the opposite direction. With rich corporations able to sue dumb people and then the dumb people owe both sides. It is never going to be perfect. I'd prefer to keep it like it is instead of experimenting. That is just the way I see it.
This is what I mean by frivolous BS lawsuits.... So after he takes your ass for $15-20,000 are you gonna go over to his house and shoot him????? Or since he has these "witnesses" then maybe you end up paying the fine plus his lawyer fees.
The corporations sucker guys like CZ making them think they are buds and then they shaft the goof. There used to be a saying when Ralph Nader proved GM was produced shitty and dangerous cars "If it is good for GM it is good for America" and the right wing talk show media of the 70s got the Archie Bunker crowd to hate Ralph Nader. The corporations made these Archie Bunker-heads hate Nader for making cars have seat belts and safety cabin zone construction and safety windows, etc. CZ = corporate's useful idiot.
"Keep Your Goddamn Government Hands Off My Medicare!" - Various Tea Party signs.
CZ82 just lost the lawsuit - and the neighbor's lawyer charges $3 grand an hour and now you have to pay for 80 hours of legal fees. You just lost your house over a dog bite, bitch. All because you backed the "looser pays legal fees" law a drug addicted corporate shill named Rush Limbough told you would be good for America. You deserve it.
"Keep Your Goddamn Government Hands Off My Medicare!" - Various Tea Party signs.
There used to be a saying when Ralph Nader proved GM was produced shitty and dangerous cars "If it is good for GM it is good for America" and the right wing talk show media of the 70s got the Archie Bunker crowd to hate Ralph Nader. The corporations made these Archie Bunker-heads hate Nader for making cars have seat belts and safety cabin zone construction and safety windows, etc. CZ = corporate's useful idiot. You call that a relevant answer?????? So what you're are saying is you wouldn't mind your neighbor doing that to you, bending you over for an easy few grand?????? Is your neighbor Yukon?????
"I love the 45 caliber M1911, I respect the 9MM M9 Beretta but I only carry a CZ for my own personal protection". Quote courtesy of Lt Col John Dean Cooper, recognized as the Father of Modern Handgunning
Exactly!!!!!
"I love the 45 caliber M1911, I respect the 9MM M9 Beretta but I only carry a CZ for my own personal protection". Quote courtesy of Lt Col John Dean Cooper, recognized as the Father of Modern Handgunning
Exactly!!!!! But under your scenario the witnesses were lying. So that ended in injustice.
No shit!!! Now you see why I want tort reform, to make it worth while sticking the truth up the liars ass..... It will make them think again before trying something that stupid again.... in essence make them act like an adult......
"I love the 45 caliber M1911, I respect the 9MM M9 Beretta but I only carry a CZ for my own personal protection". Quote courtesy of Lt Col John Dean Cooper, recognized as the Father of Modern Handgunning
But they were lying. They won. Now you owe the penalty plus their court fees. Under the system now. You would have lost (even though you were right) but you would only have to pay the fine. When they get it wrong you have to pay double.
mcgowanjm, ferret mike, skippy, fartboy/yukko, white sands, bucky, lucys idiot mom, e_type_jackoff, go56, badlie, wreck, calCON, Kafir, war, Banjo Boris, Biff, Godwinson and meguro. If you're on the above list...? PISS OFF.
#2. To: CZ82 (#0)
He should have also rallied citizens for tort reform, which is a hot issue right now around the country and in Texas politics in particular.
#3. To: Capitalist Eric (#1)
All those attorneys who'd have to go out and get REAL jobs, instead of being overt parasites on the economy...
#4. To: Godwinson (#2)
Why do you want to accept the lies the corporations tell you and make Americans captive to such entities? Why did you accept the myth that legal court cases is what is weakening America?
#5. To: Godwinson (#3)
First thing tyrants do when they take power is kill all the lawyers.
mcgowanjm, ferret mike, skippy, fartboy/yukko, white sands, bucky, lucys idiot mom, e_type_jackoff, go56, badlie, wreck, calCON, Kafir, war, Banjo Boris, Biff, Godwinson and meguro. If you're on the above list...? PISS OFF.
#6. To: Godwinson, CZ82 (#2)
Losers do pay if their case is proven frivolous. Orly Taitz had to pay the court for wasting its time for example.
#7. To: A K A Stone (#6)
While loser pays would be good if the court always got it right. However they don't.
#8. To: CZ82 (#4)
So you think the dumbasses that sued McDonalds for their coffee being too hot were entitled to that money??????
#9. To: CZ82, A K A Stone (#7)
That wouldn't be a problem if we didn't have a shit load of Liberal political activists pretending to be judges....... This also wouldn't be a problem if there weren't a whole lot of crooked lawyers and cheesedick Liberals wandering this planet... But that ain't the way it is, so laws like this would stop a whole lot of BS lawsuits from even being considered much less actually going to court.... If you make both the lawyers and litigants responsible for their actions then a lot of this shit would stop...... simple....
#10. To: Godwinson (#9)
(Edited)
Because that is the resort people go to when they can't get things resolved in court. Boom, boom, boom.
#11. To: CZ82 (#7)
That wouldn't be a problem if we didn't have a shit load of Liberal political activists pretending to be judges....... This also wouldn't be a problem if there weren't a whole lot of crooked lawyers and cheesedick Liberals wandering this planet... But that ain't the way it is, so laws like this would stop a whole lot of BS lawsuits from even being considered much less actually going to court.... If you make both the lawyers and litigants responsible for their actions then a lot of this shit would stop...... simple....
#12. To: CZ82 (#10)
Let's say you neighbor comes over to your house and says your dog bit him, and you tell him to get lost because you know your dog didn't do it.... Then a week later you get notification in the mail that you're being sued by the bastard... So now you're going to have to get a lawyer to defend yourself and have to go to court.... He has the mangled hand, doctors records and wife as a witness for proof of his being bit, and he identifies your dog as the culprit even though you know he didn't do it...... Hell it was probably his own dog but how do you prove it????
#13. To: A K A Stone, CZ82 (#12)
Or since he has these "witnesses" then maybe you end up paying the fine plus his lawyer fees.
#14. To: A K A Stone, CZ82 (#12)
(Edited)
Or since he has these "witnesses" then maybe you end up paying the fine plus his lawyer fees.
#15. To: Godwinson (#13)
The corporations sucker guys like CZ making them think they are buds and then they shaft the goof.
#16. To: A K A Stone (#12)
Or since he has these "witnesses" then maybe you end up paying the fine plus his lawyer fees.
#17. To: CZ82 (#16)
Or since he has these "witnesses" then maybe you end up paying the fine plus his lawyer fees.
#18. To: A K A Stone (#17)
But under your scenario the witnesses were lying. So that ended in injustice.
#19. To: CZ82 (#18)
No shit!!! Now you see why I want tort reform, to make it worth while sticking the truth up the liars ass..... It will make them think again before trying something that stupid again.... in essence make them act like an adult......
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