What really drives change: lawsuits.

[Baitball Blogger]

I've reached the conclusion that those of us who can't afford to buy the attention of a politician, or hire a competent attorney must sit by and watch the game played out by those who do have the money to influence the process. And as a watcher I predict that Tracy Morgan's lawsuit against Walmart has more potential to improve driver hours for truckers, than any concessions they would have given to a Union negotiation, if Walmart employees had a Union, that is.

Tracy Morgan Is Really “Struggling” But “Fighting Hard”

The “30 Rock” star is suing Wal-Mart after it was revealed that the retail giant’s driver Kevin Roper had allegedly been awake for more than 24 hours and had fallen asleep at the wheel before plowing into Morgan’s limousine van on the New Jersey Turnpike.

snip

Morelli noted that Roper, who was charged in the multi-vehicle crash, had to drive 700 miles — even before his shift began — just to pick up the truck.

“He [Roper] works for Wal-Mart, and I am going to show if I have to in court that that’s the culture. That’s what they set up,” he explained. “They know. And by the way he isn’t the only driver who drives hundreds of miles to get to work. They have to make sure that this doesn’t happen [again].”

The attorney added, “There are 75 deaths a day from big-rigs. It’s been increasing.”

http://www.gossipcop.com/tracy-morgan-lawyer-today-show-benedict-morelli-condition-lawsuit-struggling/

[KT2000]

1. Yes - it takes lawsuits

to get the laws enforced when it has to do with corporations. That is why tort reform is always being pushed by the RWers.

[Holly_Hobby]

2. My neighbor is a truck driver for Chrysler transport

He picks up parts from all over the Midwest and he works 14 hours a day, 6 days a week. He's a Teamster. I don't know how he does it. Aren't there laws governing how many hours he can drive? He's been doing this for as long as I've known him, since they bought the house, about 15 years ago.

[Baitball Blogger]

3. Tracy Mogan's lawsuit has the potential to establish precedent.

Once established, it becomes an incentive for other corporations to change their policies to avoid the same fate.

[Manifestor_of_Light]

4. The only thing corporations understand is being hit in the pocketbook with a court judgment.

Right-wingers think that frivolous lawsuits are being won all the time by slackers who aren't really injured.
I spent my whole working life in the legal profession, and if you're not really injured, the defendant gets a summary judgment and the case is dismissed.

I have seen cases where people were quite disabled and the defendant did not have to pay any damages. So what happens then? Instead of the party responsible for the injury having to pay, the disabled plaintiff is supported by the taxpayers. Because of the misjudgment of a jury.

Texas Attorney General Greg Abbott, who is running for Governor of Texas, was out jogging in West University Place and a tree fell on him. He sued the property owners and he ended up in a wheelchair, paralyzed by his injuries.

He is in favor of tort reform. It's OK for him to sue a property owner for damages but not for the rest of us. He's against the Americans with Disabilities Act, but has been in a wheelchair since his accident in the 1980s. I saw him practicing law at the Harris County Courthouse in a wheelchair, before he was a judge. So he's a hypocrite.

[MikeW]

5. lawsuits only make lawyers rich

[Baitball Blogger]

6. There are social cause lawsuits which can make a difference for everyone.

Unfortunately, there aren't any law firms that I know of that specialize in social causes, outside of the usual organizations that are set up for that specific purpose, like Civil Rights Organizations.

This private lawsuit, however, has the potential to make changes that will benefit everyone.

[Jim Lane]

7. No, lawsuits save lives.

You may remember the big GM recall over the ignition switch defect. You may not remember why it happened.

Did GM discover the problem and initiate a recall? No, GM knew about it for years without doing anything.

Did government safety inspectors and regulators discover the problem and force corrective action? No, they knew nothing.

Did some intrepid journalist conduct a dogged investigation that unearthed all the facts? Nope, no Pulitzers on this one.

What actually happened was that the family of one of the victims hired a lawyer who worked his ass off and kept at it and reviewed thousands of pages of documents and took testimony from numerous GM employees and busted the whole thing wide open.

If it hadn't been for that lawyer, the defective cars would still be out there and would still be killing people. If he makes some money off his work, I have no problem with that. (Bias confession: I'm also a lawyer who represents accident victims. But I bet a lot of other people agree with me.)

[Baitball Blogger]

8. +1

[raccoon]

9. Just wait til you need a lawyer. nt