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House passes a bill to remove lawyer's licenses for 'frivolous' lawsuits

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cynatnite Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-27-05 04:03 PM
Original message
House passes a bill to remove lawyer's licenses for 'frivolous' lawsuits
WASHINGTON - The House on Thursday passed a bill that would take away lawyers' licenses if they repeatedly file frivolous lawsuits, the latest in a Republican drive to crack down on what they consider costly abuses of the legal system.

Supporters of the bill, which passed 228-184, said lawsuits deemed baseless by a judge for flimsy facts or faulty interpretations of the law are a waste of court time and often a bonanza for lawyers — rather than a chance to recoup legitimate damages for clients.

snip:
"All they want is for the defendant to settle," Smith said of the lawyers for such plaintiffs. "This is legalized extortion."

Opponents said the legislation would deter more than rogue lawyers. People with legitimate complaints against big companies could be scared off by a provision that would require judges to order the plaintiffs in lawsuits found to be frivolous to pay "reasonable" attorney fees of the defendants.

http://news.yahoo.com/s/ap/20051027/ap_on_go_co/congress_lawsuits
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Faygo Kid Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-27-05 04:07 PM
Response to Original message
1. Great. Now we close the courthouse door. What next?
The outrages that continue to be perpetrated upon the citizens of this nation are without historical precedent. We are in grave danger in this country; at best, I think we can look forward to rule by an oligarchy headquartered at K Street in Washington. If I was younger, I would get out.
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tanyev Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-27-05 04:07 PM
Response to Original message
2. Frivolous = lawsuits against Republican corporate donors.
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ixion Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-27-05 04:14 PM
Response to Original message
3. how about a law protecting us from frivilous lawmakers?
The unPATRIOTic Act.

'Homeland':puke: inSecurity

Know children left behind

the Iraq War Resolution

freedom fries.

The Terry Schiavo LAW


Need I say more?
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roguevalley Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-27-05 04:14 PM
Response to Original message
4. Nazis strutting high. Now, what constitutes a frivolous suit?
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johncoby2 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-27-05 04:16 PM
Response to Original message
5. Yep. They did it in Texas. They ware now doing it to you.
Take a look at the first entry of this blog concerning an article in Texas Monthly:
http://bayareahouston.blogspot.com/
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PretzelWarrior Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-27-05 04:17 PM
Response to Original message
6. There can only be one response
FUCK YOU, REPUBLICANS! Your moment soaring in the air with your "Made in China" wings is over. Like Icharus you flew too close to the sun and now are GOING DOWN IN FLAMES.
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damntexdem Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-27-05 04:59 PM
Response to Original message
7. What type of frivolity:
indicting denizens of the White House or Congress?
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jmowreader Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-27-05 08:16 PM
Response to Reply #7
8. The classic "frivolous lawsuit" - Liebeck v. McDonalds
You remember that one: McDonalds restaurant maintains coffee at temperature high enough to melt plate steel, woman accidentally gets some on her, gets third degree burns on her vagina, sues McDonalds for two days' coffee revenues, is awarded three brazillion dollars by jury.

That's the kind of thing they claim to be wanting to ban...but shit, ANY lawsuit can be called "frivolous" if you work at it long enough.
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GarySeven Donating Member (898 posts) Send PM | Profile | Ignore Thu Oct-27-05 08:47 PM
Response to Reply #8
15. The truth behind Liebeck ...
There had been over 300 cases of people being burned severely like Mrs. Liebeck and in every case, like hers, McDonalds offered about $300 toward medical bills that ranged into the thousands of dollars.

A juror who was on the case was interviewed afterward. He had thought the claim was ridiculous but what he heard at trial made him and the others furious - McDonalds simply didn't care that they were causing horrific burns to its patrons.

The JURORS make the decisions in these cases - lawyers take a huge risk in bringing these cases because if they don't win, they don't earn a fee, and many cases take years to develop because defendants like McDonalds drag their feet and try to outspend plaintiff's lawyers who are defending the rights of injured people.

Why the hell do you defend those who try to escape punishment for harming people? Would you let murderers or rapists go free?
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jmowreader Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-28-05 06:44 PM
Response to Reply #15
18. I put "frivolous" in quotes for a reason
I know Liebeck wasn't frivolous. Coffee isn't supposed to be able to cause Third Degree Burns. People DRINK this stuff. They put it in contact with very delicate tissue--the inside of your mouth is far more sensitive to injury than the skin between your legs is.

And if I was on the jury, I would have voted to give her not the two days' coffee revenues she was seeking but their ENTIRE revenues from the time she got burned until they'd finished reconstructing her crotch.

But...when someone comes in and starts talking about frivolous lawsuits (like...oh...Bush v. Gore--now THAT was a frivolous fuckin' lawsuit!) the freepers and Pigboy always bring up the "McDonalds Coffee Case."
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GOPisEvil Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-27-05 08:48 PM
Response to Reply #8
16. If the jury finds in your favor, then your suit is by definition NOT
frivolous.

Morans....
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Guaranteed Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-27-05 08:17 PM
Response to Original message
9. The FEDS can do that? Attorneys are licensed by the state. nt
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Jacobin Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-27-05 08:20 PM
Response to Reply #9
10. You are correct
I don't think this is constitutional
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ultraist Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-27-05 08:38 PM
Response to Reply #10
12. The ABA weighed in :
The American Bar Association says the measure would infringe on states' rights by setting policy in state as well as federal courts
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HereSince1628 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-27-05 08:37 PM
Response to Original message
11. Think the ABA will take that one lying down?
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ultraist Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-27-05 08:39 PM
Response to Reply #11
13. LOL!
Edited on Thu Oct-27-05 08:39 PM by ultraist
You're faster than I am. ;) I didn't see your post as I was copying/pasting that quote.
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sproutster Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-27-05 08:47 PM
Response to Original message
14. What constitutional right was that again? FUCK
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SoCalDem Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-27-05 08:59 PM
Response to Original message
17. Who gets to judge the degree of frivolity?
:shrug:
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