If you ever thought we needed tort reform

#1

Grand Vol

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#1
We need it more than ever now

Portland pimp sues Nike for $100 million for lack of warning label after beating victim with Jordans | OregonLive.com

A 26-year-old Portland pimp has filed a $100 million lawsuit against Nike, claiming the shoe manufacturer is partially responsible for a brutal beating that helped net him a 100-year prison sentence.

Sirgiorgiro Clardy claims Nike should have placed a label in his Jordan shoes warning consumers that they could be used as a dangerous weapon. He was wearing a pair when he repeatedly stomped the face of a john who was trying to leave a Portland hotel without paying Clardy's prostitute in June 2012.

With the legal system as screwed up as it is, there is a chance he could win lol
 
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#5
#5
Eh, it's just the "dangerous weapon" thing that can be more commonly associated with, say, a baseball bat. It's a usage issue.

I think LG's right (it doesn't happen all that frequently so I'll give him a prop here) when he says this isn't going to get any traction. It's only really noteworthy from a WTF? standpoint.
 
#7
#7
He just filed it. It will get dismissed.

Yes dear, I understand the process. But something like this should never even make it in front of a judge. It should have been taken, shredded and sent to the recycle bin.
 
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#9
#9
Well, only a judge can dismiss it. The clerk can't.

This is not the point I gathered.

I assume tort reform would stop these silly lawsuits from happening. Hence stop wasting tax dollars. Ie judge.
 
#10
#10
Yes dear, I understand the process. But something like this should never even make it in front of a judge. It should have been taken, shredded and sent to the recycle bin.

While I can certainly smell what you're cooking I have to assume the fact that, as I understand it, the shoes actually were cited in his latest trial as being "deadly weapons", which I can only assume is the only reason it got out at all. It's not going to matter of course.
 
#12
#12
This is not the point I gathered.

I assume tort reform would stop these silly lawsuits from happening. Hence stop wasting tax dollars. Ie judge.


I understand, but only a judge has the authority to declare a complaint frivolous and dismiss it. Now, in Florida, if the guy does it several times, a court can issue an order that the clerk not accept future filings by the guy unless they are signed by an attorney. That does not completely hinder his access to the courts, but it prevents him from having the court spend resources on someone with a proven history of abusive filings.
 
#13
#13
Well, only a judge can dismiss it. The clerk can't.

This is not the point I gathered.

I assume tort reform would stop these silly lawsuits from happening. Hence stop wasting tax dollars. Ie judge.

This.

Point being, there needs to be some latitude from the judicial system to be able to halt these things in their tracks from the start without being able to put it in front of a judge to begin with. And yes, I'm aware the judge can dismiss it before it even sees the inside of a court room, but that does take time.

Frivolous lawsuits are one of the reasons we have to wait months and years on important criminal cases instead of getting garbage off the streets.
 
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#15
#15
just look at LG.


DAMN IT!!! Another one of those thread titles that I thought were finish the sentence!
 
#17
#17
This.

Point being, there needs to be some latitude from the judicial system to be able to halt these things in their tracks from the start without being able to put it in front of a judge to begin with. And yes, I'm aware the judge can dismiss it before it even sees the inside of a court room, but that does take time.

Frivolous lawsuits are one of the reasons we have to wait months and years on important criminal cases instead of getting garbage off the streets.

The judicial system wouldn't have to stop it. Of course in this guys instance a monetary fine would be useless, but with tort reform, the stupid lawsuits never make it because the people that file them have to pay costs when they are thrown out. I guess if a lawyer takes the case for someone in prison, then the lawyer should have to pay.
 
#18
#18
The judicial system wouldn't have to stop it. Of course in this guys instance a monetary fine would be useless, but with tort reform, the stupid lawsuits never make it because the people that file them have to pay costs when they are thrown out. I guess if a lawyer takes the case for someone in prison, then the lawyer should have to pay.

So you want loser pays or tort reform, or have those two ideas just been combined now? A very small segment of the judicial process makes news every day, but it's used to judge the entire system. I'm not saying it's perfect or doesn't need change, but people hear 1% of the stories and freak out.

The problem with what you're describing is that legitimate suits will not go forward because no plaintiff or lawyer will risk having to pay a corporations outside counsel's $800-1,000 an hour price if they lose. Settlement numbers in legitimate cases will decrease, etc etc. all it does is further shift the power in tort cases towards the wealth (which is why big business loves it). You're effectively closing the doors to torts brought by low income plaintiffs. Not really what the judicial system is about.

Take the loser pays to its inevitable conclusion too. No plaintiff whips out the checkbook to cover the couple million (depending on the case) spent by himself and opposing counsel/defendant. So we throw in the lawyer too? What else? Make the debt non dischargable in Bankruptcy (if it's not already that way)? Basically, How do you guarantee the loser pays, and how much of his life are you going to ruin?

I'm not saying "Tort Reform," is a bad idea, but people usually just toss the phrase around without any legitimate ideas. I do agree that no inmate should be able to file a dumbass pro se suit like this though.
 
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#19
#19
So you want loser pays or tort reform, or have those two ideas just been combined now? A very small segment of the judicial process makes news every day, but it's used to judge the entire system. I'm not saying it's perfect or doesn't need change, but people hear 1% of the stories and freak out.

The problem with what you're describing is that legitimate suits will not go forward because no plaintiff or lawyer will risk having to pay a corporations outside counsel's $800-1,000 an hour price if they lose. Settlement numbers in legitimate cases will decrease, etc etc. all it does is further shift the power in tort cases towards the wealth (which is why big business loves it). You're effectively closing the doors to torts brought by low income plaintiffs. Not really what the judicial system is about.

Take the loser pays to its inevitable conclusion too. No plaintiff whips out the checkbook to cover the couple million (depending on the case) spent by himself and opposing counsel/defendant. So we throw in the lawyer too? What else? Make the debt non dischargable in Bankruptcy (if it's not already that way)? Basically, How do you guarantee the loser pays, and how much of his life are you going to ruin?

I'm not saying "Tort Reform," is a bad idea, but people usually just toss the phrase around without any legitimate ideas. I do agree that no inmate should be able to file a dumbass pro se suit like this though.

Good points that I hadn't really taken to the end game. However, I think that there could be a equitable solution somewhere in the middle. People will NOT stop bringing stupid lawsuits until it hits their wallets. There is no such thing as responsibility for your actions anymore. People who bring these suits on the whole are what I would consider amoral and the lawyers that take them even more so. Maybe only those suits labeled by the court as frivolous would fall under the payer rule? All others go on as before? I thought tort reform was loser pays, please enlighten.
 
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#21
#21
Good points that I hadn't really taken to the end game. However, I think that there could be a equitable solution somewhere in the middle. People will NOT stop bringing stupid lawsuits until it hits their wallets. There is no such thing as responsibility for your actions anymore. People who bring these suits on the whole are what I would consider amoral and the lawyers that take them even more so. Maybe only those suits labeled by the court as frivolous would fall under the payer rule? All others go on as before? I thought tort reform was loser pays, please enlighten.

I understand your point, and i'm not going to say it's wrong (because it's not), but I think everyone needs to remember this is a small sample of lawsuits filed per year.

Federal rules already allow for sanctions against attorneys, and i'm sure all states do as well.

I thought Tort Reform was focused on Medical Malpractice caps (30+ states currently have these), and caps on other types of torts damages, etc. Some of these are good laws that cap pain and suffering or emotional damages above the "actual" damages (hospital bills, etc.)

I did hear the loser pays idea mentioned quite a bit last election cycle, so it's entirely possible the ideas merged.
My problem with loser pays is that it potentially limits a large number of valid suits, and gives more power to rich defendants. I think loser pays just goes a little too far in one direction.


The fact he was even able to file it shows how ridiculous our corrupt legal system is.

Really? Not sure how this shows corruption. BTW, inmates file stuff Pro Se all the time. It's the result of inmates being bored and stuck in a place with a large number of law books. They're usually good for a quick laugh and an opportunity for that new 1L intern to practice his writing.
 
#24
#24
The fact he was even able to file it shows how ridiculous our corrupt legal system is.

How so? Anyone should be able to seek legal means of restitution for being wronged, real or perceived.

'Loser pays' tort reform would reduce the number of frivolous suits.
 

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