Geoge Bush signed a bill today to limit class action suits and the amount a lawyer could make on such a suit. What do you think?
I'm ambivalent. While it does once again, give more protection to big business, it would also stop frivilous lawsuits like the 2 teenagers who are trying to sue McDonald's for making them fat. Hopefully it will also free up the courts.
Posts: 3588 | Location: Jersey City, NJ | Registered: 14 January 2001
<CATHY13>
Posted
well he said he was going to do it and he did.. i'm ambivalent also, BUT i do think some of these lawyers are really ridiculous w/ the amts. they receive and charge ..then again, it's nice to know i can't get sued for the color clothes i'm wearing either..lol
Hopefully this will deter some of the litigious nature of our society. People sue each other for no reason at all, in the hopes of getting a huge settlement. The hot coffee in the lap of that old woman at a McDonalds drive-thru window, was an insult to every person who ever drank a cup of coffee. And now these idiots who are trying to file suit against McDonalds because their kids are obese just slays me. That a judge would even consider hearing such a case makes me crazy. I smoked two packs a day for 35 years and quit six and a half years ago. I would no more consider suing the tabacco companies if I got sick, than I would consider suing my parents for spanking me when I was little. The lawyers were and are the only ones who gain from these frivolous law suits. I believe you can check this out at "Urban Legends", but a guy got a flu shot and the vaccine had been made in this country. The shot was a bad one and he had a bad reaction. He sued the American drug company who made the vaccine. He won the lawsuit. As it turns out, the flu vaccine made in this country was made on a non-profit basis by the drug companies so the fact that the lawsuit cost them millions, they quit making the vaccine. Did you hear anything about a vaccine shortage this year?? Sure you did because it's all made overseas now and they can't make enough for them and us too. For your information, the zoot suit tort lawyer who represented the guy who sued was one John Edwards of North Carolina.
All this law does is take Class Action lawsuits out of the state courts and puts them into Federal courts. State courts the jury's tend to award more money.They are not saying that the lawsuits are not valid. Take the drug Vioox, if it has caused the heart problems it has for so many people this law will now restrict the amounts of the awards. If it damaged your heart and you needed constant care surgery or whatever, the amount of money you get may not cover your needs.A Class Action lawsuit just means a lot of people filed claims.Why not just restrict what the percentage a lawyer gets.You better be careful what you wish for when it happens to you. Medical malpractice and bankruptcy are next, and they will not get passed.
<karyn>
Posted
We looked that up a while ago. It was false, although it is true that one of the reasons that the vaccine is not produced here is because it is too costly to make it and the profit margin is low.
<karyn>
Posted
Norie, you were faster than me, ahfdhsafhahsfhk Now my post is out of sequence, ahfashfahfah
Dennis, I just woke up, lol.......this is the first I am hearing about it. Thanks for posting it, as I feel it's long overdue and I hope it puts a stop to the bottom feeders.
It will not stop frivilous lawsuits unless it involves many people in several states. It will help major corporations and hurt the individual. The bean counters now can easily determnine the likely penalty versus the cost of making a correction to a faulty car or product. It will cause more injuries and death because companies will not be worrying about law suits with big penalties. Today there are many product recalls because of the fear of class action suits. In the future fewer products will be recalled.
It is a huge victory for Bush and large companies, but a defeat for the ordinary citizen.
Posts: 1491 | Location: Boulder, CO, USA | Registered: 26 March 2003
Of course, since it's the BUSH Administration, you can make this look as bad as you want, you know, put any spin on it you want. I see this as a win for the average guy and a loss for the big time lawyers and law firms. If you think these tort lawyers are looking out for you, you've got another thing coming. They are looking out for # one and will do virtually anything in the process. It's possible for a company to make a legitimate mistake, and they should not be bankrupt or put out of business for making the mistake. Do you think that instead of filing bankruptcy, a person should be sent to "debtor's prison"?? When you make a mistake, you get a second chance. And so should they. They shouldn't be put out of business because some slick lawyer wins a multi-million dollar lawsuit against them. You worry about the economy, jobs, etc. Then worry about this. A guy wins a multi-million dollar lawsuit and 100 people loose their jobs.
So, Herb, you feel that someone should get 3 million dollars for being stupid enough to put a hot cup of coffee between her legs while she was driving? Or maybe we should keep giving prisoners hundreds of thousands of dollars because their coffee was too cold (there has been money awarded for nonsense such as that, and even when they lose, it's still court costs that we pay for with our tax dollars).
Perhaps if they curtailed asinine lawsuits such as these, it would not have come to this.
Karyn the coffee episode was not a class action suit. The law just passed would not have had any effect on that trial. I do not think she should have been awarded anything, but apparently the jury felt otherwise.
Posts: 1491 | Location: Boulder, CO, USA | Registered: 26 March 2003
Ok. Then I wish for someone to do something about the coffee drinkers, lol.......
I think much of the problem with juries such as hers is that many people have that "let's get all we can get" mentality. They feel that large corporations have the money, so why not get a little piece of it? The funny thing is they are the first to complain when the price of a Big Mac goes up, lol.
Some of you people need to learn a bit more. Frivilous suits are usually not class action suits. Class action suits protect the average citizens who has been cheated by a large corporation. An individual usually is not capable of suing a large corporation and lawyers would not take the case unless a large payout is expected if they win.
I have been involved in several class action suits. They have involved brokers who cheated, companies who did something dishonest, companies who put phony charges as expenses, etc. Lawyers in these cases do not get paid unless they win. Their cut of the award is much too large, I agree.
Posts: 1491 | Location: Boulder, CO, USA | Registered: 26 March 2003
And yet, the coffee woman was able to initiate and win a non class action lawsuit against a large corporation. I guess you're right, her lawyers expected the jury to be sympathetic to an idiot. And, as much as some of us have to "learn", I am sure that we all know what a class action lawsuit is. And, if we can't call the class action suit against McDonald's by the overweight children frivolous, I don't know what else would qualify.
<MikeyD>
Posted
It is about time someone put a stop to all these bogus law suits. NOw these lawyers may have to earn their pay.