Moderators ThudMaker Posted January 31, 2008 Moderators Share Posted January 31, 2008 How do we turn around an over litigous society?3 strike rule. You lose three lawsuits that you represented before the court and your ability to practice is done. As for the folks the lawyers represent they should get 2 max and be done. I'd like to say strict limits of liability would be helpful, but I'm not sure that's reasonable as each situation may be a bit different. I also thought that Kindness and Jugghaid were on to something a couple of pages ago. I'd like to read more from them on that. Link to comment Share on other sites More sharing options...
Moderators Kindness Posted January 31, 2008 Moderators Share Posted January 31, 2008 The above post has somewhat impugned the reputation of some subsection of the people of this forum. I would like to retain your services to start a class action suite against yourself. If you will provide your services for no upfront fees but rather 33.3% of the winnings, I think we can come to an understanding on this matter. Sounds reasonable! Link to comment Share on other sites More sharing options...
Moderators ThudMaker Posted January 31, 2008 Moderators Share Posted January 31, 2008 Learn to problem solve and cooperate.. . . . . . . .Yes. In regard to the "healthcare" topic at hand, Kindness, where do you think the insurance companies fit in? I sometimes think the insurance companies settle things as quickly as possible, but in reality all that settling has done is feed a monster. Is that perception about insurance wrong? Link to comment Share on other sites More sharing options...
Moderators Kindness Posted January 31, 2008 Moderators Share Posted January 31, 2008 3 strike rule. You lose three lawsuits that you represented before the court and your ability to practice is done. As for the folks the lawyers represent they should get 2 max and be done. I'd like to say strict limits of liability would be helpful, but I'm not sure that's reasonable as each situation may be a bit different. I also thought that Kindness and Jugghaid were on to something a couple of pages ago. I'd like to read more from them on that. What's a loss? Absolutely no offense intended, but that's impossible. Link to comment Share on other sites More sharing options...
Moderators Kindness Posted January 31, 2008 Moderators Share Posted January 31, 2008 Yes. In regard to the "healthcare" topic at hand, Kindness, where do you think the insurance companies fit in? I sometimes think the insurance companies settle things as quickly as possible, but in reality all that settling has done is feed a monster. Is that perception about insurance wrong? My torts professor in law school has spent his life crusading for no fault insurance in all areas of insurance. As a result, my formal education on the matter is skewed. I have little experience with and interest in insurance work. My father bases half of his practice on it. Based on my experience and what I have learned from my dad, insurance companies are no better or worse than the clients they serve. Link to comment Share on other sites More sharing options...
Moderators ThudMaker Posted January 31, 2008 Moderators Share Posted January 31, 2008 What's a loss?Absolutely no offense intended, but that's impossible.If I bring a suit against someone and at the end of the day the court decides they don't owe me money, I'd say that's a loss. Link to comment Share on other sites More sharing options...
Moderators Kindness Posted January 31, 2008 Moderators Share Posted January 31, 2008 I recently brought a case (pro bono) for a graphic designer that is owed money by a client persuant to a contract between the two. The client admits the obligation but refuses to pay. All relevant facts come out during discovery, none of which were available to me or my graphic designer previously. As a result, my client will get no money despite the acknowledged contractual debt. Total loss. Am I to be punished? If so, I would have to rethink all of my work at legal aid clinics and pro bono organizations such as Lawyers for the Creative Arts. Link to comment Share on other sites More sharing options...
Moderators ThudMaker Posted January 31, 2008 Moderators Share Posted January 31, 2008 I would have to rethink all of my work at legal aid clinics and pro bono organizations such as Lawyers for the Creative Arts.Good point. Link to comment Share on other sites More sharing options...
Members Jugghaid Posted January 31, 2008 Members Share Posted January 31, 2008 Where penalties and sanctions need to come into place is on frivilous lawsuits. If a plaintiff files a frivilous lawsuit, the arroney should be sanctioned or after multiple offenses, disbarred. The other partial solution to this is that if a plaintiff files a suit and the courts find absolutely no basis for it and it is dismissed, then the plaintiff should have to pay for ALL costs of the defendant defending the lawsuit. Attorneys fees, court costs, and lost time at a reasonable rate. that way, if I decide I'm going to sue someone just because I know I can settle it out due to the fact that it is very expensive to defend a suit, I'm gonna have to think real hard about it if I know that Icould be out of pocket thousands and thousands of dollars. There are tons of peple that sue specifically for this reason. They know that the company or party they are suing will settle simply because it is cheaper to do so. Even if they defend the case and win or get it dismissed they may be out tens of thousands of dollars. Tort reform is also reasonable. There need to be limits put on punitive damages. In most of these multi-million dollar lawsuits that you hear about, the actual damages are very small, but the punitive damages (pain and suffering, etc) are where the real money is. The famous McDonald's coffee lawsuit is a perfect example. The jury awarded the palintiff 2.9 Million dollars because she spilled hot coffee on herself. Part of tihs was McDonalds fault as well. They could have settled this case out for $225,000 as the mediator recommended, but decided not to do so, when they had settled out accounts for roughly that amount before. In fact the plaintiffs attorney said he probably would have accepted $150k to make it go away. the plaintiff in actuality, was awarded $200,000 in compensatory damages (medical bills etc). $2.7 million were awarded in punitive damages as the jury deemed that McDonalds was reckless as they had already been wanred and settled dozens of lawsuits about the hot coffee and the fact that they refused to settle or turn the temp down bit them in the ass. The award from the jury was still very excessive and was appealed. However, by limiting these damages, much less time and taxpayer money would have been spent tying up the courts with this silly {censored}. Link to comment Share on other sites More sharing options...
Members J. Posted February 1, 2008 Members Share Posted February 1, 2008 I agree on the limits on punitive damages. Some states already have laws in place. I think they'd be wonderful for tobacco company lawsuits (which shouldn't be won in the first place, in my opinion). That way, when some broad sues Philip-Morris because her husband was a chain smoker and died from lung cancer, she doesn't get millions of dollars. A slap upside the head would be more appropriate. Link to comment Share on other sites More sharing options...
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