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Bush signing lawsuit limitationsFollow

#1 Feb 18 2005 at 7:09 AM Rating: Good
http://story.news.yahoo.com/news?tmpl=story&e=5&u=/ap/20050218/ap_on_go_pr_wh/limiting_lawsuits


I have mixed feelings on this one. The good part of the bill is:

The bill also would limit lawyers' fees in settlements where plaintiffs get discounts on products instead of financial settlements. The measure links the fees to the coupon's redemption rate or the actual hours spent working on a case.

The bad part is that it doesn't really do much more to curb wild fees. Also, more punitive measures need to be available to prevent businesses from engaging in unethical measures. While I deplore the huge amounts involved in so many class action suits, at the same time those suits would not have become so rampant if there wasn't a genuine need for reform.

We need an alternative, like huge punitive damages to be paid to the state when a case is proven. Something that would put guilty businesses under duress and scrutiny without unduly rewarding lawyers who so often seem to win judgments for their clients and take for themselves all the financial rewards associated with those judgments.
#2 Feb 18 2005 at 11:07 AM Rating: Good
i have to agree with you. while there is some benifit to limitations, th ramafications to hurt the innocent are far greater.

HMO,s will let you die to save money. i kow this for a fact, especailly about Sigma health care in particullar, the largest HMO in america whose parent company is the same as Haliburtons parent company.

my brother spent two years on arbitration, and seeing doctors unlrelated to his injuries, eating pain pills untill the state declared his HMO to have abandoned him and gave him medicaid. his first surgery, repaiting a ruptured disk in his neck, that could have punctured his spinal cord, causing spinal menigities at any moment during those two years, was over 750,000 dollars.

that was his first surgery.

the penalty for the HMO? a 500,000 dollar fine and a slap on teh wrist.

the ONLY thing that keeps bussiness doing the RIGHT thing is to make the penalty for doing the wrong thing much greater than doing the right thing in the first place.

put a cap on liabilities? rofl, say a recall on a vehical will cost tens of millions, but the risk for not doing the recall will be mabe 3 or 4 deaths at 200,000 a pop? what to do, what to do...hmmmmm

your operation to remove a cancerious tumor will be 800,000, then months of rehab......tie it up in arbitration untill it is too late to operate, get slapped with a 500,000 dollar fine.....

the PEOPLE of this country are not pushing for this bill. your insurance WILL NOT go down f it is signed, just their payouts will. this WILL NOT reduce the cost of medical care, just the payouts for insurance companies.

the people are the loosers with this bil, big bussiness, namely insurance companies, are the big winners.

lawyer fees restricted? rofl, cut it to 25 percent, and that letter they faxed you just went from 100 dollars a page to 1000 dollars a page.

who wins? insurance companies.
who looses? the people

some day you idiots will read between the lines of the crap the republican party feeds you sheep, and come to understand, the republican party represents the top 2 percent of society at the EXPENSE of the bottom 80 percent of society.

yet 51 percent of you voted republican even though their policies will harm atleast 80 percent of the population of this country.

we will get what YOU deserve.
#4 Feb 18 2005 at 7:46 PM Rating: Excellent
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Blah blah blah civil liberties blah blah lawyers making millions blah blah blah corporate america blah blah pointless post blah blah Michael Jackson's nipple-piercing blah blah Lobster surgery blah blah Totem's infection blah blah blah Saving Private Ryan blah blah


I've done it again haven't I.

Nurse?!

NURSE!!
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#5 Feb 18 2005 at 8:00 PM Rating: Good
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ThePalace wrote:
What bothers me most about all this is the lie:

(This will save our tax dollars.)


Wow! Amazing stramwan hat you're wearing there.

Where exactly in that article did anyone say this was about saving tax dollars? While that may be true in a very third-hand way (Settlements in class actions come out of profits, and reduced profits mean lower taxes paid by corporations, which then have to be made up elsewhere), but that's a really really far flung side issue here. Irrelevant much?

Quote:
No, it won't, because they're not reducing judges pay. They're not keeping the BS lawsuits they claim are messing things up out of court. They're only limiting how much a ligitimate victim could get.


No. What it does is force class action suits to either be held in the state where the bulk of the victims are (and presumably where the company is located) or in federal court. Did you even read the article? Or just make stuff up?

Quote:
(This is just to stop illigitimate suits.)

How does this stop illigitimate suits? It doesn't.


Eh? Again. The words "legitimate" and "Illegitimate" never once appear in that article. They do mention that some may be thrown out, but that's because of the venue restriction. What was happening before is that they'd shop around for some small county judge who'd allow the case to proceed and hold it there. So there could be 100,000 people involved, in 100 counties spread across 10 states, and the plaintifs would hunt around for the one county that would hear the case even if the other 99 tossed it out.


Quote:
Illigitimate suits get thrown out of court. Rewards are never an issue, and capping them is pointless, because they don't reward illigitimate cases.

What does this do? Caps mostly legitimate rewards, because legitimate cases are the ONLY ones that should be getting rewards. Sure some illigitimate cases get through, but this won't stop them. This does nothing about that.


Um... did you read the article? Even a little bit? This does not cap final rewards at all. What it does is require that lawsuits with a sought after reward of 5 Million or more, must be held in the state where the primary defendant and 2/3rds or more of the plaintiffs are. Otherwise it's held in federal court.

There's no capping of rewards here. It's just putting more requirements on cases with higher rewards. So you can't find some judge in bumbletown USA who'll award 200 million dollars to people spread across the US, only maybe one of which lives in his county, purely because he doesn't like the company.

How about you actually read the article before commenting on it?
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King Nobby wrote:
More words please
#6 Feb 19 2005 at 1:06 PM Rating: Good
There's no capping of rewards here. It's just putting more requirements on cases with higher rewards. So you can't find some judge in bumbletown USA who'll award 200 million dollars to people spread across the US, only maybe one of which lives in his county, purely because he doesn't like the company.
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yes, what it does is stop a class action suit from a HMO in Florida, who has a 500,000 cap, and a HMO friendly government, with mostly republican legislatures......from going to another, NON-BIASED judge in another state to get justice.

this has happened.

it also stops, if you read between the lines, super large class action suits against like a automobile maker, or a cigarette company, from having all the VICTIMS involved in teh same suit, and allows the companies to carve up their liabilities. this group in this state has a liability cap, xxx dollars for them. this group is in a state with a very freindly geovernment, SQUAT for them, this group only has 4 plaintifs, pay them off..

this is BAD for the people of this country. its only purpose is to stack the deck in favor of the plaintifs in large class action suits.

and their using illigatimiate claims as an excuse. during the presidential debates, Bush used this too without any numbers to back it up. but Kerry had the numbers. illegitimate lawsuits account for less than 1 percent of lawsuits filed. these are suits that actually make it to court, then get thrown out for not having merit.

it is not the will of the people pushing this change. it is lobiest dollars from large corperations.
#9 Feb 22 2005 at 4:39 AM Rating: Good
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That's fine. But instead of just tossing in conclusions based on some external debate, how about you share your source(s) of information so that we can discuss the issue more fully.

I was responding to the article that was posted. If you want to bring in additional information for dicussion, feel free to do so. But don't just toss around conclusions without producing any sort of source or support for what you are saying. Doing that is meaningless since anyone can say anything about any subject if they aren't constrained to actually prove they aren't just making stuff up.

Heck. You posted twice in response to me. Why still not produce a source? If there's such a lively debate about this, there shouldn't be any problems producing some information about how this is alledgely about tax reduction as you claim. Dunno. It just seems really simple. If you're going to make a claim, either argue it logically, or produce a source for the claim. When you do neither, it's kinda hard to take anything you say seriously.
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King Nobby wrote:
More words please
#10 Feb 22 2005 at 6:32 PM Rating: Good
If there's such a lively debate about this,
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there isnt. honestly, this will not affect the vast majority of americans if it is passed or not. and most americans really dont care about issues unless they happen to be hit inthe face with the results and there is a big sign attached to it saying "this is a result of this bill".

mostly ameicans are ignorant of the world around them. that is how we were led into iraq. out of ignorance. fed some half truths, and "might be" information, and off we go to kill the bad people, without once questioning what we were told.

on with the grazzing....baaa baaaaa baaa

the republican stand is less government. IE, less restrictions, less services, less benifits....less TAXES.

the corperation stand is MO MONEY. pay out less, keep mo fo me.

the democratic stand is protect the people from republicans, corperations adn themselves.

over 51 percent of you ignorant idiots voted AGAINT yourself interest. now we will ALL pay for your ignorance. we deserve for this bill to pass. we deserve for the SS bill to pass too. mabe between th two of them enough people will be harmed, you will wake up and look at what is going on around you, instead of believing a POLITICIAN as to what is good for you.
#11 Feb 22 2005 at 7:02 PM Rating: Decent
Hahaha, we cant have a dialogue about Bush without bringing up how much of a mistake Iraq was eh?

News Flash, Sunni leaders are coming out and saying they wish they voted.

News Flash, the world will never be secure so long as despotic leaders continue to build twenty palaces and leave their countrymen out in the desert starving..

News Flash, WMDs were NOT the only reason given to go to war with Iraq.

News Flash, we're not the United States of Haliburton...
#13 Feb 22 2005 at 7:12 PM Rating: Decent
proofsock wrote:
Quote:
Hahaha, we cant have a dialogue about Bush without bringing up how much of a mistake Iraq was eh?

News Flash, Sunni leaders are coming out and saying they wish they voted.

News Flash, the world will never be secure so long as despotic leaders continue to build twenty palaces and leave their countrymen out in the desert starving..

News Flash, WMDs were NOT the only reason given to go to war with Iraq.

News Flash, we're not the United States of Haliburton...


Erase your post or ill pwn you


bring it
#15 Feb 22 2005 at 7:16 PM Rating: Decent
Did I stutter?
#17 Feb 22 2005 at 7:31 PM Rating: Decent
http://www.cia.gov/cia/reports/iraq_wmd_2004/

pwnage

Read carefully about the retention of development programs and a willingness to resume once sanctions were lifted.

Thank you, and have a nice day.
#19 Feb 22 2005 at 7:37 PM Rating: Decent
http://www.newsmax.com/archives/articles/2003/2/27/211021.shtml

*cough* Looks like not all those weapons were destroyed in the nineties after all..

If you were the leader of a nation, would this convince you that Saddam could be holding out?

I would certainly hope so.
#20 Feb 22 2005 at 7:38 PM Rating: Decent
proofsock wrote:
Quote:
This report relays the findings of the Special Advisor to the Director of Central Intelligence on Iraq's Weapons of Mass Destruction.


And thats where i stopped reading


Why? It's the same source everyone quotes when saying Iraq had no WMDs. (The omission about not having the intent to redevelop them is obviously left out however)

Think about it.
#23 Feb 28 2005 at 7:10 PM Rating: Decent
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You're better off not wasting your time ThePalace. Gbaji will defend "sources or your argument is invalid!" to his death (how do you do in speaking debates Gbaji? Do you randomly say "See <blahblahblah> for more info."?), and shadowrealm is just generally stupid with his "debates".



Edited, Mon Feb 28 19:11:08 2005 by CBD
#24 Feb 28 2005 at 7:44 PM Rating: Good
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Look. You made a point of making this comment:

ThePalace wrote:
What bothers me most about all this is the lie:

(This will save our tax dollars.)

No, it won't, because they're not reducing judges pay. They're not keeping the BS lawsuits they claim are messing things up out of court. They're only limiting how much a ligitimate victim could get.


In order for it to be a "lie" doesn't someone have to say it first? It's wonderful that you can infer and "do the math" that this might reduce taxes by reducing caseload or some other BS, but then that's *you* making that connection. Unless you can show that this was a major claim made by the proponents of the Bill itself, then exactly how is it a "lie"?

I guess I just don't get it. It's not like you mentioned this as a side issue. You specifically said that the "lie" about saving taxes was the thing that bothered you the most about the bill. Ok. That's great. Who's making that claim? Why is it a lie? If you can't do that, then what the hell are you talking about?


I'm not trying to be obtuse here. You mentioned something completely out in left field and then insist that you have no need to support what you say at all. I'm not asking for proof of whether or not the bill will or will not reduce taxes. I'm asking you to provide proof that anyone is *claiming* it will reduce taxes. If you can't do that, then your statement is meaningless. I have to put it in the same catagory as people who complain about the space aliens beaming stuff into their brains. I don't see it. I see no evidence of it. But you are insisting it's true. I'm not going to just believe you without a bit more then your word...
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King Nobby wrote:
More words please
#25 Feb 28 2005 at 7:49 PM Rating: Good
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ThePalace wrote:

Also not everything is neccessarily written or spoken in precisely the manner in which I may have relayed it. This is because politicians are sneaky, decietful, and rarely speak the clear truth. One must be able to decipher, and infer things, to truly understand.



Yes. As opposed to someone insisting that someone else is lying, but who can't actually show that the other person ever said the thing they claim they're lying about.

Got it. That makes so much more sense...
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King Nobby wrote:
More words please
#26 Feb 28 2005 at 10:58 PM Rating: Good
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Maybe, just maybe if the scum, errr, I mean lawyers earn less they will be less inclined to frivolously file suits to fatten their pockets.

A-hahahahahahahahahahaha ~takes a breath~ hahaahahahahahaahaha!

Totem
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