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Tort Reform: a ceiling imposed at the bottom of the financial-food-chain.

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Just Me Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-04-05 07:38 PM
Original message
Tort Reform: a ceiling imposed at the bottom of the financial-food-chain.
Edited on Tue Jan-04-05 07:39 PM by Just Me
As usual, instead of placing limits on repulsive greed at the top, corporatists impose a ceiling on victims of circumstance, the 95% representing the dominant financial spectrum.

Why not propose an "across-the-board" limit on "receipts", period; whether by stock or barrel, fortune or bullshit?

Why not create a law that limits capitalists' income, earned or otherwise, to 50X the average American's workers' wage?

Why not create a law that destroys profiteering insurance companies and creates an untouchable "pool of funds" from which verdicts can be paid?

Yes, place a cap on attorney's fees at 20% and make the loser pay everything (the "loser" being the attorney).

Create "ethics boards" that include someone other than their professional selves (make it 50% of a mixture outside their profession).

I am tired of self-serving interests, period. I am especially disgusted of those at the top of the "financial-food-chain" advancing laws which HURT the whole of people.
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purduejake Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-04-05 07:43 PM
Response to Original message
1. I agree with you...
except on capping the attorney's pay and making them take so much risk. I'd really like to be able to have an attorney represent my case when I don't have the money to pay up front, thank you.

I was in a car accident that ruined my career (and I am 22). The attorney is taking 1/3rd of any settlement or 40% of what I get if we go to court. Ridiculous? Yes, but I will still get many times more than if I didn't have him, and I don't think he is incredibly rich.
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sam sarrha Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-04-05 07:47 PM
Response to Original message
2. they did tort reform in Texas.. the insurance for doctors did not go down
it was a bogus scheme for the hospitals to get out of murdering and crippling 1/4 million people every year and the profits were not passed on.. doctors and patients both got screwed ..without the KY
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Just Me Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-04-05 08:04 PM
Response to Reply #2
3. Yup,...doctors and patients are getting screwed by profiteering,...
Edited on Tue Jan-04-05 08:04 PM by Just Me
,...insurance companies that spend MILLIONS to control our government with a huge payback.

Are these greedy profit-above-people predators supposed to get ten-fold what they give?

Hey, let's ask Jerry Falwell!!! :bounce: He'll have the answer!

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Egalitariat Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-04-05 08:09 PM
Response to Original message
4. My proposal for tort reform
Attorneys must be paid using the same currency they get for their clients. If they settle a class action lawsuit with Jiffy Lube and all of their clients get "$5 Off Oil Change" coupons, then the attorneys must be paid with "$5 Off Oil Change" coupons as well.

I've unknowingly been a class member in lawsuits against Jiffy Lube, Blockbuster Video, and General Motors. Each time, I got a coupon in the mail and the attorneys got cash. Lots and lots of cash to be precise.

If an attorney thinks the company has wronged its clientele (which should be a requirement for bringing suit), then that attorney should be required to seek real compensation for the victims instead of selling their class down the river for coupons, while personally pocketing enough cash to live forever on a yacht in the Caribean.
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hollowdweller Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-04-05 08:31 PM
Response to Reply #4
5. The GOP controls the public mind on this issue. I have received hundreds

of spam e mails making light of settlements and lawyers and other aspects of this issue. 90% of the people hate lawyers more than big companies even though the lawyer is the first they run to when THEY get hurt. OH BUT THAT'S DIFFERENT cause it's THEM, not some other person!

Given how this issue is being promoted by the right wing the trial lawyers would be well advised to quit resting on their money and start running some ads and getting their side of it out. They could probably go to some of the tort reform states, find some pitiful folks who have been fucked by the new restrictions and run some wicked commercials.
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Egalitariat Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-04-05 09:32 PM
Response to Reply #5
6. My point was that they should also get their clients cash
Not coupons.
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pdxmom Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-04-05 09:48 PM
Response to Reply #5
7. They aren't punishing the trial lawyers
as much as they are punishing the plaintiffs in a case.

I do think there needs to be tort reform. There are quite a few frivolous suits out there, and that only hurts the image of the trial lawyer. But instead of punishing the clients, they need to better police the attorneys bringing suit. Set up some type of oversight panel through which suits thought frivolous can be funneled.

I haven't thought it all the way out, but I would like to see suits brought that are actually legitimate. I'd also like to see jury pay be upped, or employers have to pay for jury duty time off or something, so that we can see the quality of the jury pools improve. I can think of a lot of ideas that will help solve the problem, without it hurting the average person looking for redress.
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Solon Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-04-05 10:03 PM
Response to Reply #7
8. I thought that was the judge's job...
I have heard of plenty of judges that will throw out cases that they deem unnecessary. That, I think, is sufficient, any laws limiting Judicial Oversight in this matter interferes with the independence of the Judiciary and the entire court system is in question.
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