Tort Reform...

Jarod

Jarod

Well-known member
Contributor
Why is it that every time I pick a Jury and address the tort reform issue, most of the people will say... that they are for Caps, but believe they should be decided on a case by case basis.

Some will say, well I am for caps on the frivilous cases... How do you decide whats frivilous unless you let a JURY DECIDE.

Three or four of the jurors in my 13,000,000 trial said they believed in caps, but on a case by case basis, I guess that was not one of the cases.
 
Socrtease said:
You got a 13 mil judgement? Wow congrats. Oh and by the way, HOW BOUT THEM USF BULLS?
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Okay so the Bulls won... They deserved it, they were the better team. I did not get the judgement yet... I have a hearing on that October 22nd.
 
Jarod said:
Why is it that every time I pick a Jury and address the tort reform issue, most of the people will say... that they are for Caps, but believe they should be decided on a case by case basis.

Some will say, well I am for caps on the frivilous cases... How do you decide whats frivilous unless you let a JURY DECIDE.

Three or four of the jurors in my 13,000,000 trial said they believed in caps, but on a case by case basis, I guess that was not one of the cases.
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If a frivolous lawsuit is a legal action that cannot reasonably be supported under existing legal precedent or under a good-faith argument for a change in the law, or one that has no basis in fact then a judge need only rule on that prior to the trial starting and fine the lawyer.
If the sued person appeals, they can retry the definition of it being frivolous in a higher court. Make the lawyer really do the due diligence with resulting penalty for consequences if they didn't.
That's one solution anyway, obviously having more Conservative judges means more common sense.
Also frivolous can extend in meaning to talking about frivolous colloquially, like as in your case. Yes your victim will need permanent diapers for the rest of their life, that would cost about a few tens of thousands, though for good measure let's say a million, then maybe a million more for emotional and physical pain and a million or 2 to fine the company. But 13 million? That's nuts and you personally get 20% of that? That's crazy, for a few months work that is crazy.
We've already seen what out of control lawsuits can do to the health system, lawyers have their use like anybody but even you can see that this is just not sustainable. Awards have gotten ridiculous and so have some of the cases gone through.


Also I find it silly how you love to go after "greedy" capitalists and companies for making money, yet you basically became a multi-millionaire with a single case in a few months work.
 
"obviously having more Conservative judges means more common sense."

BULL SHIT!
 
" But 13 million? That's nuts and you personally get 20% of that? "

I will not personally get 20% of it!"
 
"Also I find it silly how you love to go after "greedy" capitalists and companies for making money, yet you basically became a multi-millionaire with a single case in a few months work."

When have I ever done that?
 
Jarod said:
" But 13 million? That's nuts and you personally get 20% of that? "

I will not personally get 20% of it!"
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You'll get a hefty chunk, without you they wouldn't have gotten such a ruling, you deserve your chunk.
 
Findings are supposed to be ridiculously huge to make it less economically sound to avoid issuing a recall for a product that sucks the intestines out of kids in the pool rather than just settling with the relatively few families who have their kids intestines sucked out of them.

Auto industry does it too.

They're there to be punitive.
 
Jarod said:
" But 13 million? That's nuts and you personally get 20% of that? "

I will not personally get 20% of it!"
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Really because there is this guy that oddly enough shares your name that said this:
"Ive been busy lately, but I can now tell you... The jury came back with a verdict for my client today of $13,156,200. I am celebrating once I get a good night sleep.
My new firm gets 40%, Ill personally get about 20% of that."
http://www.justplainpolitics.com/showthread.php?t=4641
 
TheDanold said:
Really because there is this guy that oddly enough shares your name that said this:
"Ive been busy lately, but I can now tell you... The jury came back with a verdict for my client today of $13,156,200. I am celebrating once I get a good night sleep.
My new firm gets 40%, Ill personally get about 20% of that."
http://www.justplainpolitics.com/showthread.php?t=4641
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That is 20% of 40%.

So, if you had 100, 40% would be 40, 20% of that is 8.

If they collect the full 13M, his firm would get over 5 Mill, he would get about 1,040,000
 
ib1yysguy said:
Findings are supposed to be ridiculously huge to make it less economically sound to avoid issuing a recall for a product that sucks the intestines out of kids in the pool rather than just settling with the relatively few families who have their kids intestines sucked out of them.

Auto industry does it too.

They're there to be punitive.
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And what happens when the punitive amount is frivolous?

"A jury ordered General Motors to pay $4.9 billion Friday to six burn victims who were permanently disfigured when their car burst into flames after being hit in a rear-end collision."
http://money.cnn.com/1999/07/09/home_auto/gm_verdict_a/

Those people should be paid a lot, a few million easily, but let's be realistic, a few of those lawsuits would put GM out of business throwing hundreds of thousands out of work.

You also forget that the negative publicity alone is enough to make companies change. Look at the lead paint problem with toys, no one has even sued and already the companies have forced suppliers to change or have changed suppliers.
Punitive awards are largely unneeded, the publicity alone as proven above is a far bigger and less deterrent.
 
Damocles said:
That is 20% of 40%.

So, if you had 100, 40% would be 40, 20% of that is 8.

If they collect the full 13M, his firm would get over 5 Mill, he would get about 1,040,000
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Well that's one way of interpreting it, it sounded to me like Jarod meant 20% of the total amount.
Either way, a millionaire from a single case with a few months work.

And also Jarod's "firm" that gets 40% is actually a partnership of him and another guy so I assume they split it equally (ie:50% each of the 40% which means 20% of the total).
 
I don't see that as frivolous. And negative publicity does not speak as loudly as cash, Dano. You can't be this stupid. If negative publicity worked, then we wouldn't need courts to adjudicate this at all.

Punitive awards are needed to keep predatory capitalism from killing us all. If a corp knows it'll be more expensive to send out a defective and deadly product than it will be inclined to halt production of said product or design it well in the first place.

You have no fucking appreciation for human life. You'd rather see the corporation unfettered in its ability to sell us deadly things. That is abhorrent.
 
TheDanold said:
Well that's one way of interpreting it, it sounded to me like Jarod meant 20% of the total amount.
Either way, a millionaire from a single case with a few months work.

And also Jarod's "firm" that gets 40% is actually a partnership of him and another guy so I assume they split it equally (ie:50% each of the 40% which means 20% of the total).
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I believe his 20% remark points out that there are 5 other partners in the firm. Some of it goes back to the firm as well for operating costs and other things. It doesn't all go directly into the pocket of the partners. It would also go to pay billable hours for the attorneys that worked on the case with him.
 
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