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Thread: Governors of Texas, South Carolina sign tort reform into law

  1. #11
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    Re: Governors of Texas, South Carolina sign tort reform into law

    Quote Originally Posted by MrVicchio View Post
    LegalNewsline | Governors of Texas, South Carolina sign tort reform into law

    BOOYAH! Proud day for the Citizens of the Lone Star State (And South Carolina too )
    OMG liberals will go nuts over this … just imagine .. frivolous law suits may actually be thrown out, and those filing such suits might actually have to pay for the others legal fees … how terrible can you get .. I mean lawyers that will take any case might actually find out the facts and rules of law before taking a case. There will be no more oh I broke a nail .. I want 50,000 and the lawyer telling them .. but look .. it's all the way down to the quick it's worth 100,000 just for them to settle and save their legal fees ..

    Then just think of the other horror … why insurance premiums might drop a couple of bucks a month and we weren't able to tax them good for nothing rich bastards for it .. oh the injustice of it all .

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    Re: Governors of Texas, South Carolina sign tort reform into law

    Quote Originally Posted by Your Star View Post
    Not quite true, she spilled it on her lap, had 3rd degree burns, had to have skin grafted, and had over 10 grand in medical expenses. That case is a little more complex then people give it credit for. The quality of the lid, and the temp of the coffee played a big role in the case.

    Recently watched a documentary detailing the case
    yep your right ... it's perfectly the proper thing to do .. to stick a cup of hot coffee between your legs while driving . now you can't text .. but you can risk spilling coffee all over yourself .. because as anyone that has ever done it knows .. that you will never take your eyes off the road when you spill something all over yourself . and of course those built in cup holders in cars now a days .. why they are just there for Decorative purposes anyway .. not to put a cup of coffee in them .
    Last edited by The Barbarian; 07-28-11 at 05:44 AM.

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    Re: Governors of Texas, South Carolina sign tort reform into law

    Lets review real quick. Most of the unions, public and private, have slowly been pushed out; Citizen's United was passed, allowing anonymous Corporate donations to political candidates; and now in some states, probably more in the future, it will be near impossible to sue the health care industry, one of the largest in the country.

    Does anyone else see a pattern here that maybe we should examine?
    Treat the earth well: it was not given to you by your parents, it was loaned to you by your children. We do not inherit the Earth from our Ancestors, we borrow it from our Children. ~ Ancient American Indian Proverb

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    Re: Governors of Texas, South Carolina sign tort reform into law

    Quote Originally Posted by Your Star View Post
    Not quite true, she spilled it on her lap, had 3rd degree burns, had to have skin grafted, and had over 10 grand in medical expenses. That case is a little more complex then people give it credit for. The quality of the lid, and the temp of the coffee played a big role in the case.

    Recently watched a documentary detailing the case
    Well.. I still believe the case was frivolous.. She was wearing sweat pants which made it worse and that was out of McDonalds control.. She also removed the lid to add cream and stuff.. So it was all her fault really..

    On February 27, 1992, Stella Liebeck, a 79-year-old woman from Albuquerque, New Mexico, ordered a 49-cent cup of coffee from the drive-through window of a local McDonald's restaurant. Liebeck was in the passenger's seat of her Ford Probe, and her nephew Chris parked the car so that Liebeck could add cream and sugar to her coffee. Liebeck placed the coffee cup between her knees and pulled the far side of the lid toward her to remove it. In the process, she spilled the entire cup of coffee on her lap.[10] Liebeck was wearing cotton sweatpants; they absorbed the coffee and held it against her skin, scalding her thighs, buttocks, and groin.[11]
    I fail to see how McDonald's is liable for that.. She was stupid for attempting to put condiments in her coffee while in the car.. She could have asked the drive thru person to do it for her.. They had no control over what kind of clothes she was wearing.. The quality of lid is irrelevent when you take it off..

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    Re: Governors of Texas, South Carolina sign tort reform into law

    Quote Originally Posted by Temporal View Post
    It doesn't matter if it's a "good case" or not. Corporations can hire entire legal teams. If you're a customer that they've genuinely screwed, you are likely to get double screwed.

    This is business protectionism and nothing more. I smell cronyism here. No law like this gets passed in Texas without a nice bonus from lobbying groups.

    Outrageous.

    And without it, all you need to do is file some half assed case, and hold out for a pay out. Companies spend big bucks fighting BS lawsuits. this helps them, while keeping it open for legit complaints to be handled properly.
    Climate, changes. It takes a particularly uneducated population to buy into the idea that it's their fault climate is changing and further political solutions can fix it.



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    Re: Governors of Texas, South Carolina sign tort reform into law

    HOW THE TEST WAS WON
    Back in 1977, Texas enacted the Medical Liability and Insurance Improvement Act, limiting noneconomic damages to $500,000, plus cost-of-living increases.* These increases eventually raised the cap to about $1.3 million.
    The Texas Supreme Court headed off full implementation with a 1988 ruling that made the cap unconstitutional, except in cases of wrongful death. The size of awards for noneconomic damages soon shot up, as did insurance premiums. The state of professional liability was becoming unfriendly, and not just in Texas.
    Texas decided to do something about it, and in 2003 legislated another cap on noneconomic liability awards: $250,000 for physicians and $500,000 for institutions. Concerned that the state supreme court would again outlaw a cap, tort reform proponents marshaled forces and pursued a constitutional amendment that would give the legislature, by a three-fifths vote of its members, the right to set limits in liability litigation. Last fall, Texans approved the amendment by a 51% to 49% margin.
    Within weeks, liability insurers stepped forward and let it be known that they would reduce premiums. There are reports that Healthcare Indemnity, a large insurer for hospitals, has reduced premiums by 20%. Texas Medical Liability Trust, a large insurer, initially reduced rates by 12%, and then decreased them by another 5%.
    GUESS WHO FOUGHT THE LAW
    The dust has cleared. These rate reductions establish cause-and-effect between limits on noneconomic damages and stabilization of insurance premiums. The Lone Star State stands as proof.
    Who fought the law that made Texas an obstetrician-friendly state? Our good friends in personal injury litigation mounted a spirited and well-funded campaign. The trial lawyers outspent the advocates of tort reform, but did not get the better of them.
    As national leaders continue to reason with a US Senate unfriendly to tort reform, state leaders can appeal to voters and legislators to understand and acknowledge that frivolous lawsuits and unjust jackpotstyle awards lead directly to deteriorating access to care. The Texas saga proved that legislation at the state level can create a physician-friendly place to practice.
    True grit: A tale of Texas tort reform — OBG Management

    Most emergency physicians (EPs) have been sued at least once. According to Protect Patients Now, a tort reform lobbying group, a majority of EPs have been sued at least twice. Medical lawsuit costs have risen dramatically over the past few decades, much faster than overall medical costs. From 1975 to 2000, the Insurance Information Institute reported that medical costs rose 449 percent whereas medical liability costs rose by 1642 percent in this country. Not surprisingly, this increase in litigation inflated medical liability premiums. So much so that in one ACEP study, 95% of EPs reported premium increases in the past several years, and 2 out of 3 faced increases of 60 percent or more. Studies show that the overwhelming majority of claim payments in medical liability cases go to cover noneconomic damages, which are designed to compensate patients for their loss (i.e. lost limb, mental capacity from brain injury, pain and suffering, etc.). Punitive damages, although rarely seen in medical liability cases, are available to punish doctors for egregious behavior while economic damages are designed to compensate patients for lost earnings or medical costs.

    In 2003, the Texas Legislature passed a tort reform bill which included a $250,000 cap on noneconomic damages for all physicians in a case. That same year the people of Texas approved an amendment to the Texas constitution “Authorizing the legislature to determine limitations on noneconomic damages,” thereby minimizing legal challenges to the legislative bill. The effect of this cap on noneconomic damages has been dramatic. Since 2003, every malpractice insurance carrier in Texas has reduced their premiums for physicians. Texas Medical Liability Trust, the largest carrier in Texas has reduced its average premium by over 50%. Claims and lawsuits in most Texas counties have been cut in half. Since tort reform was passed in Texas, the number of newly licensed doctors in Texas went from 2038 in the year before reform to 3621 in 2009. This has presumably had a positive effect on access to care. Charity care rendered by Texas hospitals rose 24% in the 3 years after tort reform, according to the Texas Medical Association. 76 Texas counties have seen a net gain in EPs since the passage of tort reform, including 39 medically underserved counties and 30 counties that are partially underserved.
    Tort Reform Shows Positive Results in TX and CA
    Climate, changes. It takes a particularly uneducated population to buy into the idea that it's their fault climate is changing and further political solutions can fix it.



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    Re: Governors of Texas, South Carolina sign tort reform into law

    Quote Originally Posted by Your Star View Post
    Exactly, I feel sorry for the people of Texas, and S.Carolina.
    I think what this is trying to do is stop this nonsense of million dollar payoffs for some one who spills hot coffee on their lap while driving, case in point McDonalds. Now one extreme to the next isn't healthy and this is where I can understand your concern.

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    Re: Governors of Texas, South Carolina sign tort reform into law

    Quote Originally Posted by Catawba View Post
    Lets review real quick. Most of the unions, public and private, have slowly been pushed out; Citizen's United was passed, allowing anonymous Corporate donations to political candidates; and now in some states, probably more in the future, it will be near impossible to sue the health care industry, one of the largest in the country.

    Does anyone else see a pattern here that maybe we should examine?
    yeah .. yeah .... it's Bush's fault .. . Reagan's fault .. and all the Republican's in between ... if we just went back to the 90% taxation we could pay all those law suits with no problem ..... ohhh but wait .. if we taxed them at 90% those evil rich bastards ... might not be able to pay those law suits .. what a problem guess we better just tax them at 100% and be done with it

    That about cover it for ya?

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    Re: Governors of Texas, South Carolina sign tort reform into law

    According to the US Federal News, every taxpayer in the US is now paying a “lawsuit tax” of around $700 – $800 per year
    I'll start off with My favorite .. just showing yet again . What great public servants we have.
    Marcy Noriega, a California police officer decided to tase a suspect in the back of her car when he became uncontrollable and started kicking at the windows. Noriega drew her taser from her belt and fired it at the man. Unfortunately for the crook, the officer had accidentally drawn her gun instead, and she shot him in the chest – killing him. The city is now suing the taser company, arguing that any reasonable officer could mistakenly draw and shoot their gun instead of their taser. They are suing for the full costs of the wrongful death lawsuit which the man’s family has filed against the city.
    Isn't it a great feeling to know that any reasonable officer of the law …. can't tell the difference between a taser and a real gun ??? Really makes me feel secure in our law enforcement people on the job don't it ?


    Robert Lee Brock, a prisoner in Virginia in 1995 wished to be removed from prison and placed in a mental institution. In order to achieve his goal, he decided to sue himself. He claimed that his crime was committed whilst he was drunk, which was a violation of his religious beliefs. He claimed that he had violated his own civil liberties. He sued himself for $5 million but to make matters worse, he claimed that the state should pay as he was behind bars and without an income. Thankfully the case was dismissed and Brock didn’t get his transfer.
    Whew … I bet the judge was really torn on this one ..

    In 1999, Daniel Dukes, a 27 year old from Florida hatched a clever plot so that he could have his life long dream of swimming with a whale fulfilled. He hid from the security guards at Sea World and managed to stay in the park after closing. Shortly after, he dived into the tank containing a killer whale – fulfilling his dream. Daniel was killed by the whale. His parents proceeded to sue Sea World because they did not display public warnings that the whale (Tillikum) could kill people. They also claim that the whale is wrongly portrayed as friendly because of the stuffed toys sold there.
    What ??? you mean they didn't even have signs up stating you swim illegally at your own risk ? How careless of them. Everyone knows that in America now we have to protect criminals from being harmed by their own stupidity.

    This is a true case of believe it or not. Christopher Roller, a resident of Minnesota sued David Blaine and David Copperfield – demanding that they reveal their secret magic tricks to him. He demanded 10% of their total income for life. The reason for the suit is that Roller believes that the magicians are defying the laws of physics, and thereby using godly powers. But it gets worse. Roller is suing not just because the magicians are using God’s powers – he is suing because he thinks he*is*God and therefore it is*his*powers they are stealing.
    I mean this case has solid merit shouldn't God have copy right infringement law on his side .. and who knows wouldn't you have to prove he wasn't God ??



    PETA, the often-insane animal loving organization held an anti-hunt protest in 2001 – defending the rights of deer to live. On they way home from the protest, two members hit a deer which had run on to the highway. The members informed the New Jersey Division of Fish and and Wildlife that they intended to sue for damages and injuries. In their letter they stated that the Division were
    responsible for the damages “as a result of their deer management program, which includes, in certain circumstances, an affirmative effort to increase deer population.


    What can you say … it's PETA could you expect anything less of them ? Isn't that where they get most of their funding from … sue and settle?

    For a while in the 1990s, Anheuser-Busch, the producers of Budweiser, ran a series of ads in which two beautiful women come to life in front of two truck drivers. A Michigan man bought a case of the beer, drank it, and failed to see two women materialize. Cue the lawsuit. He sued the company for false advertising, asking for a sum in excess of $10,000.
    Damn I knew a large amount of beer could make ugly women look good … but this ??

    We all know that the weather reports are frequently wrong and we take that into account when planning our days, but this was not the case for an Israeli woman who sued a TV station for making an inaccurate prediction. The station predicted good weather but it rained. The woman claimed that the forecast caused her to dress lightly – resulting in her catching the flu, missing a week of work, and spending money on medication. She further claimed that the whole incident caused her stress. She sued for $1,000 – and won.
    Ohhh good lord .. now I understand why the weather channel should be pay for view rather then on public tv .. hell they can be sued 50% of the time .. by everyone that watches the weather.

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    Re: Governors of Texas, South Carolina sign tort reform into law

    Yet another republican right wing assault on the rights of the common working person. I wonder if the language for either bill came from ALEC ? The American 20th century is being dismantled piece by piece and its going to be a new Gilded Age very soon.
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    There are two novels that can change a bookish fourteen-year old's life: The Lord of the Rings and Atlas Shrugged. One is a childish fantasy that often engenders a lifelong obsession with its unbelievable heroes, leading to an emotionally stunted, socially crippled adulthood, unable to deal with the real world. The other, of course, involves orcs.... John Rogers

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