Breaking: "Congress Passes Bill To Limit Most Class Action...

[Dinger]

lawsuits by restricting them tofederal courts?!?!!

http://www.msnbc.msn.com/

What's with the "most" bit?

Who voted for this, I want to know!

[Zuni]

1. The Republicans

damn---this sucks
I hate this legislation
:puke:

[mindem]

2. Another step in the corporate take over of America.

And it seems like the repukes have developed a genuine lack of concern over states rights. What a bunch of ass hats!!

[thefloyd]

3. Obama voted yes on the legislation

Stated someone with ligit class action suit would be able to win in Federal courts

[Yosie]

4. I think Obama is right on this one

1. Most of the shareholders' rights cases are in Federal Courts already (not all - but most).

2. The "Credit Card" cases (methods of computing interest, late charges, over limit charges, debiting charges first --> then crediting payments) are already in Federal Courts. Same thing with the checking account and mortgage cases.

Although one of the most pro-homeowner "foreclosure" class actions was a massive class action in a state court - with a fist fight between the Judge and the lawyer for the mortgage company - made the 6PM and 11PM news every night for a week, and got the Judge elected to the State Supreme Court

[merh]

6. I think you don't know what you are talking about and neither does

Obama.

:shrug:

[thefloyd]

8. Sure Obama does not know what he is talking about.

Once head of the Harvard law review. I hear that job is posted on Monster.com. Please

[merh]

17. Oh please, head of harvard law review does not qualify as anything

more than a nice reference on a resume. Practical experience and handling of class actions, actually representing plaintiffs that have been harmed by corporations and knowing the federal rules of civil procedure and case precedent, and not just in Illinois, but in every friggin state in the nation, then one might believe he is qualified and if he can make such a moronic statement as "legitimate class action suits will survive in federal courts" then he has none of the above.

Ask those attorney generals that filed class action lawsuits against the tobacco companies in their respective states how this stupid law would have hindered their efforts to get the funding necessary to help provide medical care for the low income members of society that are or were (1) the targets of tobacco companies and (2) harmed by tobacco companies.

Obama's track record is 1 for 4 - that sucks. He is a centralist repuke who apparently doesn't give a damn about the people he represents or this nation. (imho)

[thefloyd]

21. Actrually Obama has filed Class action suits

in Illinois, So he does know what he speaks.

[merh]

25. Links please -

And he doesn't know what he is talking about relative to class actions filed in other states. This law affects the other states in this union and harms plaintiffs.

I would like to see what type of class action suits he has filed, I am very curious about his position and his efforts. I would also challenge him to contact the former AG of Mississippi, Michael Moore, and ask him what impact that silly little class action law would have had on the tobacco class action suit he filed had it been in effect when Moore filed the litigation.

[thefloyd]

27. No link, Was interviewed on Franken's show.

I am not a lawyer but there is no way for the tobacco suit to be filed in federal court.

[merh]

28. Right - get it - Corporate control at its worst &

Obama votes for the corporations and against the citizens. :shrug:

[PROGRESSIVE1]

30. Obama's an Idiot, to say the least.

[Yosie]

13. Response

I have only been a lawyer for 38 years, and I will admit that there is a lot I do not know.

I have been notified that I was a plaintiff in numerous state court "class actions" - and all I ever got were discount coupons.

I have been notified that I was a plaintiff in several Federal Court class actions -- and I actually receive green, folding money (okay, a check) -- about 1/3 of what I was legitimately entitled to (credit card interest calculations and other credit card issues).

I have only seen one State Court class action that really resulted in anything of real value for the injured parties -- and that the Residential Mortgage Foreclosure class actions before Judge Papadakis in Pittsburgh PA about 22 years ago.

The only class actions I have been involved in as an attorney have been pro-bono, mostly EEOC and First Amendment type cases. All Federal Court.

Most class axction cases are "white collar" (against financial institutions or corporations for stock and shareholder/officer/director issues). The tobacco and asbestos cases are very much sui generis.

And, whenever possible, I try to get my Pro Bono cases into Federal Court.

The "Big One" I am anxious to bring (wet dream) is the one challenging how the "Prescription Management Companies" determine what is on the "formulary" and what isn't. And, as a side issue, why the pharmacist accepts, e.g., $75.00 as "full payment from the "Prescription Management Companies" ($65 from the insurer, $10.00 from the pt), but demands the full sticker price of $100 or more if the pt doesn't have insurance.

I once beat Ken Starr's fancy-schmansy Chicago firm in a civil anti-trust case - so I think I know at least the FRCP.

I am a liberal - and I don't care if I stop unfair practices by money damages or injunctions (although money is always nice).

[merh]

19. See post 8

n/t

[genius]

7. Federal courts are less receptive to the actions so it hurts victims

The cases are more likely to be thrown out in federal courts, which is what compassionless Bushbots like Obama want. On this chart of human rights-votes, Obama is at a -40. I don't know why any Democrat ever saw in the guy. He certainly doesn't care about victims, as shown by his vote on the class action bill. He doesn't care about future terrorist attacks or the fact that a bunch of children and people died because of a lie, as shown by his vote for Condi. He doesn't care about the voters as shown by his vote on 1/6. He has one of the worst voting records in the Senate.

[thefloyd]

9. Oh christ almighty

The guy just got in the senate. You are already gnawing on him. Take heed to what Clinton said. Quit knawing on fellow democrats and knaw on the conservatives

[genius]

15. Five out of six of his votes have been for Bush. I thought he was a Dem

but he keeps voting with the Republicans. Perhaps someone should remind him and encourage him to vote Democrat.

[thefloyd]

22. He is a democrat. For crying out loud

The guy has cast 6 votes. 3 that I know of are for conformations. Most of the time the president gets who he wants. You just want him to come in and start voting no on everything. jesus christ.

[Dinger]

24. Why Wait?

[Yosie]

14. See my response to Merh

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=132&topic_id=1603099#1603347

[Dinger]

23. Exactly

I heard this on NPR, and it IS true. What inn the hell is with Obama? Lots of repug media hype. The repugs like him WAY TOO MUCH. Throw in votes like these, and well, he can kiss my ass. I agree genius.

[Yosie]

26. How many years have you been in practice,

and how many cases have you tried?

You can get a real schmuck in State Court, and a real plaintiff friendly judge in Federal Court.

I prefer Federal Court for most civil actions (if I can get subject matter jurisdiction, jurisdiction over the parties, and the proper venue) because the "Discovery" is better.

The Federal Rules of Civil Procedure are uniform across the country, and the "Local Rules" are straight forward.

In Federal Court one judge handles the case from the day the case is "docketed" until final disposition. Every motion, every hearing, the trial. In most states (at least in urban counties) you will probably have a different judge for each and every motion and hearing, and a judge who has never seen the case before as the trial judge.

I have only been in the business for 38 years, most of my class actions have been in Federal Court - and they have been "ACLU" or "EEOC" or "Civil Rights" type cases. Your experience may be different.

[genius]

5. This passed the Senate a week ago.

[sandnsea]

11. passed the House today

How could you have missed it with the massive media coverage of America losing one of its Constitutional rights?

Oh wait...

[OneTwentyoNine]

10. Article from Molly Ivins which pretty much sums up this scam....

http://www.creators.com/opinion_show.cfm?columnsName=miv


"Public Citizen did a study showing that corporations themselves file four times as many lawsuits as do individuals, and they are penalized much more often by judges for pursuing frivolous litigation."

"Corporations think America is too litigious only when they are on the receiving end of a lawsuit," said Joan Claybrook, president of Public Citizen. "But when they feel aggrieved, businesses are far more likely to take their beef to court than are consumers."

[sandnsea]

12. If everybody is in the state

2/3 of the plaintiffs and the defendant, then it stays in the state. That's pretty rare so "most" class actions will be moved to federal court. Bye Bye State Law!!

[me b zola]

16. Another brick in the wall

eom

[OneTwentyoNine]

18. I hope the first one harmed by this bill VOTED for these Nazi's...

I used to not feel that way but fuck it,after years and years of this shit I hope those idiots get whats coming to them.

Now..on to getting that cap on Medical lawsuits down to $250K. Of course all in the name of cheaper malpractice insurance. Yeah right....

[WeThePeople1911]

20. ok

ok

[DrGonzoLives]

29. From what I understand

1/3 of the claimants have to be from the state that you want to file in in order to have that case heard in that state's court. Also, I think any cases above $5 million have to go to federal court. Something like that.

Whatever - just start filing lawsuits against companies in state courts only for the citizens in that state - make these companies defend dozens of cases at once instead of just one, and we'll see just how much they like this law.

Everyone is worried about this, but I think it's going to make it harder on corporations too, at least, if lawyers follow the strategy above.

I'm not necessarily opposed to limiting lawyer fees in these kinds of cases, but forcing them into federal courts like they did is ridiculous.

[Yosie]

31. I think the business community will be on the short end of this stick

after we avaricious, unethical trial lawyers go to our secret MCLE meetings (MCLE = "Mandatory Continuing Legal Education") of the Practicing Law Institute and our State Bar Associations.

I like the idea of

"Whatever - just start filing lawsuits against companies in state courts only for the citizens in that state - make these companies defend dozens of cases at once instead of just one, and we'll see just how much they like this law."

and make the defendant corporations file for "Removal" to Federal Court and Consolidation as a Class Action (under the "Multi-District, Complex Litigation, Class Action" Rules). They may want to stay in State Court.

I know in some product liability cases against one of the Michigan based "consumer durables" manufacturers the corporate defendants though that they were seeing that kind of concerted effort. So, they required "non-disclosures" as part of a settlement agreement - definitely limiting claimant's attorney from conferring with other attorneys having similar cases elsewhere. We just walked away from settlement, and filed for Trial with the Calendar Control Judge. The Calendar Control Judge twisted their arms - and they dropped the "non-disclosure" in that case (but kept pushing for it other cases).

Another balance -- this new law will create a class of "Class Action Specialists" who are highly skilled and experienced in these cases - kind of "level the playing field."

My experience with right wing lobbyists (Washington Legal Foundation for example) and business lobbyists - is that they think claimants' counsel/consumer lawyers/pro bono civil rights and EEOC and handicapper lawyers etc. are dumb and unimaginative.

I think the corporate counsel are setting themselves up for increased exposure and increased costs of litigation.