PLAINTIFF LAWYER DOES IT AGAIN

[smazza]

u are so wrong it isnt even funny

the concepts of accountablilty and responsibility come to mind

your gripe should be with tortfeasors that harm people and cause damage

why shouldnt person/entity responsible pay for damage they cause?

you sound like a socialist trying to spread cost of damage instead of making responsible party pay

i don t think you understand what a "tax" really is

[Guest nybullsfan]

Steve, you're good at making cases, try this one on for size.

Pretend you're in debating class, and you've been assigned to make the case FOR tort reform. How would you argue it?

[smazza]

Steve, you're good at making cases, try this one on for size.

Pretend you're in debating class, and you've been assigned to make the case FOR tort reform. How would you argue it?

i couldnt make a intellectually honest argument for it

i would use the same lies that business and insurance companies use

1.lawyers are bad and file too many frivilous cases

2.lawsuits drive up costs for all

3.lawsuits encourage fraud

4.juriies over compensate

5.defednats pay rather than fight because it is cheaper

6.lawsuits increase costs to business and hurts the economy and causes lose of jobs

[Guest nybullsfan]

Yuppers, that's pretty much the argument. But it's not always lies. There are evil people out there who take advantage of the system.

So...

Good people need to be protected from evil corporations (fraudulent products), and good corporations need to be protected from evil people (fraudulent lawsuits).

How do we balance these two competing interests in a cost-effective way?

Seems to me that "loser pays" can help with the balance.

[smazza]

Yuppers, that's pretty much the argument. But it's not always lies. There are evil people out there who take advantage of the system.

So...

Good people need to be protected from evil corporations (fraudulent products), and good corporations need to be protected from evil people (fraudulent lawsuits).

How do we balance these two competing interests in a cost-effective way?

Seems to me that "loser pays" can help with the balance.

hahaha

i have been saying that for years

corps and insurance industry would never go for it because 90+% cases are meriitorious

[smazza]

Laws/Cases

Suit over Tyson Tattoo in "Hangover II" Settled

Warner Bros. has settled a lawsuit with the tattoo artist who designed Mike Tyson's face tattoo over its use in the film "The Hangover II." The artist claimed the portrayal of the tattoo on the face of actor Ed Helms in the film was a violation of his copyrighted design. He sought an injunction seeking to halt the release of the movie, which was denied by a judge. The terms of the settlement were undisclosed.  Matthew Belloni, Reuters  06/20/2011

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NFL Player Awarded $5.4 Million for Tainted Drug

A St. Louis Rams player has been awarded $5.4 million in a lawsuit he filed against a nutritional supplement company he claimed sold him tainted supplements that resulted in his suspension from the NFL. The plaintiff was suspended from four games in 2009 after testing positive for a banned substance that was found in the supplements he was taking. "So many of the athletes are claiming that they haven’t cheated and the supplements have been tainted. And it’s true," said the player's lawyer.  Curtis Eichelberger and Chris Dolmetsch, Bloomberg  06/20/2011

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Penske Employee Shot at Work Files Lawsuit

A Penske Truck rental employee has filed a $20 million lawsuit against various Penske entities after he was injured when a former employee "allegedly shot up" a Penske facility in Georgia last year. The bullet that hit the plaintiff lodged in his brain stem, rendering him a bed-ridden invalid. The suit claimed the company was aware of threats the shooter made before the incident, but did nothing to protect the employees or investigate the validity of the threats.  Andria Simmons , Atlanta Journal-Constitution  06/20/2011

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Woman Burned by Explosion of Bug Killer Files Suit

A Jacksonville woman has filed a lawsuit against Napa Home and Garden Inc. after a Napa FireLite pot bug repellent device exploded on her patio, causing her severe burns. The lawsuit accuses the company of marketing and selling a product that "can blow up like napalm even when precautions are taken." Her lawyer said he is aware of about half-a-dozen people nationally that have suffered similar injuries. The suit is seeking unspecified damages.  David Hunt, Florida Times Union  06/21/2011

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Restaurant Responsible for Salmonella Outbreak, Death

An Ohio man has filed a lawsuit against a local Mexican restaurant over the death of his wife, whom he claims died of salmonella poisoning brought on by a meal at the restaurant. In May 2010, a salmonella outbreak occurred in Athens, Ohio, where the restaurant is located, and health officials traced the bacteria back to the business. The lawsuit is the third suit to be filed against the Ohio restaurant.  Jim Phillips, Columbus Dispatch  06/21/2011

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Products

New Standards for Drop-Side Cribs Implemented

The Consumer Product Safety Commission voted that as of June 28, anyone that manufactures or sells baby cribs must meet new safety standards. The new standards are aimed at strengthening various aspects of the cribs to prevent deaths caused by "detaching crib drop-sides and faulty or defective hardware."  Staff Report, PR Newswire  06/17/2011

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[smazza]

Class Action

Health Insurer Settles Class-Action Lawsuit

Health insurance provider Anthem Blue Cross has agreed to settle a class-action lawsuit filed against the company over hikes in rates. The suit claimed Anthem closed off more than 100,000 policy members' plans to new members and then instituted "dramatically raised rates." As part of the settlement, the plaintiffs will see "rate increases no more than the average for all closed plans."  Duke Helfand, LA Times  06/22/2011

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Laws/Cases

Suit: Indian Consul General in NY Treated Woman As Slave 

An Indian woman living in New York City has filed a lawsuit against the Consul General of India, claiming he and his family kept her as a slave. The woman says the man "subjected her to approximately a year of forced labor and psychological coercion in their household, culminating in an incident of sexual harassment." She worked more than 12 hours a day and was not allowed to leave a small warehouse she was confined to, the suit says. She is seeking unspecified damages.  Scott Shifrel , New York Daily News  06/20/2011

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Religious Leaders File Suit over Circumcision Ban

Jewish and Islamic leaders in California have come together to file a lawsuit against the city of San Francisco over a proposed ban on circumcision. The suit is demanding the circumcision ban be removed from the November voting ballot for the city. The procedure, the suit says, "is a common medical procedure regulated by state law," and should not be decided by voters.  Phillip Matier and Andrew Ross, San Francisco Chronicle  06/22/2011

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Native American Class-Action Settlement Approved

A federal district judge has given final approval to a $3.4 billion class-action settlement between the U.S. Department of Interior and hundreds of thousands of Native Americans. The suit claimed the department "mismanaged lands held in trust on behalf of Native Americans." The suit, filed more than a decade ago, was originally settled in December 2009.  Wendell Marsh and Molly O'Toole, Reuters  06/21/2011

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Products

14,500 Edger Attachments Recalled

The Consumer Product Safety Commission has announced a recall of 14,500 TrimmerPlus edger attachments due to a risk of laceration. The manufacturer, MTD Products Inc., said the "steel shaft that drives the edger blade can break during use causing the edger blade to detach." The agency has received no reports of injuries at this time.  Staff Report, PR Newswire  06/22/2011

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Themed Lamps Recalled Due to Defective Wiring

The Consumer Product Safety Commission has announced a recall of 35,000 safari and aquarium themed lamps due to defective wiring. Imported by Nantucket Distributing Co. Inc., the defective wiring in the product can cause a short, posing fire and shock risks. There have been three reports of shocking, but no damages or injuries occurred.  Staff Report, PR Newswire  06/21/2011

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[smazza]

Laws/Cases

Lawsuit Filed Against Seattle Police Officer

A Latino man in Washington state has announced he will file a lawsuit against a Seattle police officer over civil rights violations during a confrontation between the two men. On video tape, the officer is heard telling the plaintiff that he will "beat the [expletive] Mexican piss out of you, homey. You feel me?" The lawsuit alleges the plaintiff was assaulted, threatened and subjected to harsh ethnic slurs.  John de Leon, Seattle Times  06/22/2011

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Baby Left Alone at Daycare Center, Suit Claims

A lawsuit has been filed against a Georgia daycare center where a 3-month-old boy died after being left alone while staff members went to lunch. The lawsuit contends the baby was left "unattended and unsupervised for an extended period of time" and was found blue and unresponsive when staff members returned. An autopsy was unable to determine the cause of death beyond asphyxiation. The lawsuit is seeking unspecified damages from the daycare center.  Alexis Stevens , Atlanta Journal-Constitution  06/23/2011

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Transgender Man Files Suit Against Oregon

A transgender public employee in Oregon has filed a lawsuit against the state after his health insurance refused to pay for a procedure needed to complete his sex change. The lawsuit claims discrimination based on "gender identity," saying that by not covering this procedure, the state is refusing to provide him with the same health care coverage as his co-workers." The procedure, a hysterectomy, is necessary to reduce the serious health risks of ovarian and uterine cancer, the suit says.  Teresa Carson, Reuters  06/22/2011

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Products

460,000 Containers of Fuel Gel Recalled over Serious Injuries

The Consumer Product Safety Commission has announced a recall of 460,000 containers of pourable fuel gel used in decorative fire pots. Manufactured by Napa Home and Garden Inc., the fuel was recalled after dozens of users suffered burns, some of which were near fatal. Some reports from victims say the fuel acted like napalm, "exploded in a flash, stuck to clothing and would not stop burning." The fuel has been sold since December 2009, under the names Napafire and Firegel.  David M. Halbfinger, The New York Times  06/22/2011

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Mazda Recalls 103,300 Vehicles in the U.S. 

After recalling vehicles in China last week, Mazda has announced it will recall 103,300 2008 and 2009 model year cars in the U.S. The recall was initiated after the company discovered problems with the windshield wiper motor that could cause the wipers to fail. The recall covers 2008-2009 Mazda3 and Mazdaspeed 3 vehicles.  Staff Report, United Press International  06/20/2011

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Company Recalls 20,000 B-Nimble Strollers

The Consumer Product Safety Commission has announced a recall of 20,000 B-Nimble strollers due to problems with the strollers' brakes. Imported by Britax Child Safety Inc., the agency found that an "audible click heard when the brake pedal is pressed can give a false impression that the brake is fully engaged when it is not." There have been reports of the brakes failing to engage, but no injuries have resulted.  Staff Report, PR Newswire  06/23/2011

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[smazza]

Laws/Cases

Missouri Monk Accused of Sexual Abuse

A Missouri man has filed a lawsuit against a former monk at the Conception Abbey in northwest Missouri, claiming he was sexually abused by the monk in the late-1980s and that the abbey covered up the abuse. The lawsuit alleges the monk molested the plaintiff during a summer camp in 1987. The suit also claims abbey officials were aware that the monk had a prior history of abusing children but failed to take action. The lawsuit is seeking unspecified damages.  Judy L. Thomas, Kansas City Star  06/23/2011

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Judge Awards $80,000 in Wages Lawsuit 

A Los Angeles judge recently awarded $80,000 to a local man who filed a lawsuit against his former employer at a Handy J Carwash, claiming he was forced to work overtime but was not allowed to record the hours. The man claimed in the suit that with his reduced pay, he was not able to pay his rent or living expenses. The judge ruled the carwash owners were liable for "$50,000 in back wages for failing to provide proper employment records and an additional $30,000 in damages."  Sam Quinones, LA Times  06/23/2011

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Suit: School Failed to Monitor Abusive Teacher

Three families have filed lawsuits against a Utah boarding school, alleging school officials "failed to supervise a counselor charged with sexually abusing several students." According to the lawsuits, the counselor had been fired from the school once before because he was "too close to the teenagers in the program." Upon his re-hire, the suits say school officials failed to monitor his interaction with students. The teacher has been charged with eight counts of second-degree felony forcible sexual abuse.  Melinda Rogers, The Salt Lake Tribune  06/24/2011

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Judge Dismisses One Suit over Student Suicide

A federal judge in Ohio has dismissed one of two lawsuits filed over the suicides of two students allegedly caused by bullying. Both lawsuits contended that school officials did not stop the bullying of the students, but the judge ruled in his dismissal that only one of the suits provided evidence showing school officials were made aware the bullying was occurring. Both suits asserted "violations of the parents' 14th Amendment right to 'the companionship, care, custody and management of their child'."  James F. McCarty, Cleveland Plain Dealer  06/23/2011

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Products

Infant Sandals Recalled from Target

The Consumer Product Safety Commission has announced a recall of 51,700 infant girl sandals imported by Target. The Circo Aloma Infant Girls Sandals have decorative flowers on them that can detach and pose a choking hazard, the agency reported. There have been eight reports of the flowers detaching, but no injuries occurred.  Staff Report, PR Newswire  06/23/2011

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Children's Pain and Fever Medication Recalled

The Consumer Product Safety Commission has announced a recall of 898,000 units of children's pain and fever medication manufactured by Altaire Pharmaceuticals, Inc. Distributed by Rugby Laboratories, Inc., the agency reported that the medication contains acetaminophen, but is not fully equipped with the child-resistant packaging as required by law. The recall covers medications sold in 15mL bottles with a dropper.  Staff Report, PR Newswire  06/23/2011

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[smazza]

Laws/Cases

Suit Targets F1 Race Funding in Austin 

Austin residents have filed a lawsuit against Texas Comptroller Susan Combs in an effort to prevent the state from paying $25 million to local organizers of the Formula One race planned for next June in Austin, Texas. Combs promised payment out of the state's Major Events Trust Fund, but the lawsuit claims the Formula One race does not meet qualifications for fund payments. Despite the promise from Combs, however, the Austin American-Statesman is reporting that race officials have not yet sent in an application to qualify for the fund.  Eric Dexheimer, Austin American Statesman  06/22/2011

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DJ Awarded $1.2 Million in Copyright Lawsuit

An Ohio disc jockey has been awarded $1.2 million by a New York jury in a lawsuit he filed against a former collaborate who illegally allowed the band The Black-Eyed Peas to sample one of the DJ's songs. The defendant registered the plaintiff's song, "I Need a Freak," in 1983 with Broadcast Music, Inc., crediting the plaintiff as the songwriter. However, in the last decade, the plaintiff claimed in his suit that the song was sampled by other artists without his permission. The jury awarded the plaintiff more than $800,000 in profits and more than $350,000 in copyright infringement damages.  Eriq Gardner, Reuters  06/24/2011

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Boy Pets Stingrays, Contracts Infection, Lawsuit States

A Georgia family has filed a lawsuit against the Tennessee Aquarium seeking $2.4 million after their son allegedly contracted a bacterial infection from petting stingrays in November. The infection is known as "fish-handler's disease," the lawsuit states, and the boy spent 11 days at a hospital in Nashville and endured "excruciating pain throughout his right hand." Aquarium officials said the water was tested five different times that same month and no signs of bacteria were found in the tank.  Todd South, Chattanooga Times Free Press  06/25/2011

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Products

2,000 Tennis Racquets Recalled

GAMMA Sports has issued a recall of about 2,000 Quick Kids Junior Tennis Racquets due to high levels of lead in the tape on the racquets' grips. The racquets were sold between December 2010 and March 2011 nationwide. The company has announced they will replace all of the affected products' grips free of charge.  Staff Report, United Press International  06/24/2011

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Dole Recalls Bagged Salad over Bacteria Risk

The U.S. Food and Drug Administration has announced that Dole will recall 3,500 packages of pre-mixed salads due to potential bacteria contamination. The recall covers Dole Italian Blend salad and Kroger Fresh Selections Italian Style Blend salad. The products have been distributed to 12 states across the country.  Staff Report, Chicago Tribune  06/24/2011

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Two Lots of Endocet Tablets Recalled

Endo Pharmaceuticals has issued a voluntary recall of two lots of Endocet tablets, 10 mg/325 mg. The recall was issued after it was discovered that some of the bottles contain 10 mg/650 mg tablets, which are larger in size. Because the bottles contain higher-than-intended dosage, consumers may take too much of the medication, which can be hazardous to their health.  Staff Report, PR Newswire  06/24/2011

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