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Middle School Strip Search Hits the Supreme Court
Topic Started: Apr 22 2009, 12:21 AM (353 Views)
QuirtEvans
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I Owe It All To John D'Oh
Loser pays is a system that slants the playing field toward the rich and against the poor. The system is already slanted in favor of the rich. There's no need to slant the playing field even further.

Now, I do agree with you that unjustified lawsuits are a problem (as are frivolous defenses). The solution, in my mind, is sanctions against the lawyers, not against the clients. Put the lawyers at risk if they assert positions that are not substantially justified.
It would be unwise to underestimate what large groups of ill-informed people acting together can achieve. -- John D'Oh, January 14, 2010.
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Frank_W
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Resident Misanthrope
I can agree with that, Quirt. (Also, a cap on how much a plaintiff can be awarded for intangibles like "mental anguish," etc.)
Anatomy Prof: "The human body has about 20 sq. meters of skin."
Me: "Man, that's a lot of lampshades!"
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QuirtEvans
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I Owe It All To John D'Oh
It might also be nice if punitive damages were truly punitive ... a punishment to the guilty ... and not a reward for the plaintiffs. Provide that plaintiffs only get 10% of the punitive damages award (to maintain an incentive to seek punitives) ... the rest should go to address the problem that the defendant created.
It would be unwise to underestimate what large groups of ill-informed people acting together can achieve. -- John D'Oh, January 14, 2010.
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