If you ever thought we needed tort reform

#26
#26
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.

TennesseeOrange raises some good points though. How to do you strike the balance necessary to make sure that the large corps of the world don't just take over the court system?

BTW, I have always heard tort reform, malpractice, and loser pays mentioned in the same subject line.
 
#27
#27
Tort reform will likely become as convoluted as are many laws. I'm a simple guy and try using common sense as much as possible. Honestly, does anyone think this suit has any merit? This type suit shouldn't require an educated lawyer or judge to review it, my grand-daughter could see the idiocy in it. JS
 
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#28
#28
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.

You just made my point. When you're able to file frivolous claims like this, it's going to cost the company money. In the case of a government agency, it's going to cost the taxpayer (me) money.
 
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#30
#30

That's a click baity title. They arent stopped from quitting. In fact it sounds like they wont be working at all next week. And the temporary restraining order (didnt know that worked for businesses) only last through today.

So at least as presented this isnt nearly as much as its cooked up to be. The only question for me is the use of a TRO by a business. I am not sure how that plays out. If the workers quit Thedas, then start at Ascension I dont see what Thedas is restraining. Even if for a day.
 
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#31
#31
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.
I’m against Tort reform because I believe it’s basically a movement created by the rich and powerful to decrease their liability from victims of their mistakes. I wouldn’t have a problem with there being a non refundable filing fee for a lawsuit of a few hundred dollars so that someone would have to be somewhat serious about the process.
 
#32
#32
That's a click baity title. They arent stopped from quitting. In fact it sounds like they wont be working at all next week. And the temporary restraining order (didnt know that worked for businesses) only last through today.

So at least as presented this isnt nearly as much as its cooked up to be. The only question for me is the use of a TRO by a business. I am not sure how that plays out. If the workers quit Thedas, then start at Ascension I dont see what Thedas is restraining. Even if for a day.
He loves clickbait. The judge already ruled that they could work wherever they want
 
#38
#38
The fact he was even able to file it shows how ridiculous our corrupt legal system is.

Being able to file a grievance isn't evidence of corruption.

That said, a loser pays tort reform would be awesome! The problem is that the legislators who would make this a reality are often lawyers by trade, no chance they're going to kill that cow.

Edit: LOL, I just agreed with 2014 self without even realizing it.
 
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