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

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    Governors of Texas, South Carolina sign tort reform into law

    AUSTIN, Texas (Legal Newsline) - Texas Gov. Rick Perry was in Houston Wednesday for the ceremonial signing of a new law that will implement a loser-pays system for frivolous lawsuits filed in the state.

    According to The Associated Press , Perry was joined by area Republicans in touting the new law.

    The governor had designated the issue as an emergency item during this legislative session.

    "House Bill 274 provides defendants and judges with a variety of tools that will cut down on frivolous claims in Texas," Perry said in a statement in May.

    "This important legislation will help make Texas that much more attractive to employers seeking to expand or relocate from countries all over the world by allowing them to spend less time in court and more time creating jobs."
    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 )
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    Re: Governors of Texas, South Carolina sign tort reform into law

    More immunity to corporations, just what America needs.

    Now if you sue a corporation (which is already hard enough to do successfully), you could stand to lose everything if you don't win your case.

    Crazy.

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

    I don't think anyone is against tort reform.. I think where the issue lies is how you implement it.. Take the loser pays portion.. If the loser has no money?? What then?? There is still no guarantee for the state.. I also think that the loser must also lose on appeal before he is liable to pay anything.. Leaving it all to one judge is an invitation to corruption.. I think in any case there should always be an option for a 2nd opinion.. To just call it frivolous law suit and end it is quite stupid.. Again, it should at least get an appeal if the person bringing the case wants it.. Otherwise you will have the judge dismissing cases and then out playing golf the next day with the defendents.. There is a reason that Judge ruled in favor of BP oil.. It wasn't because of the evidence.. It was because the judge was invested in oil..

    Judge in oil spill case sells energy stocks - Disaster in the Gulf - msnbc.com

    I think tort reform is a good thing.. I think that is a bad policy and it doesn't suprise me that Texas and South Carolina did it.. I am also not sure if that law will stand up in federal court either.. And the line about making Texas more attractive to employers is a crap load of cow pies.. Mainly because any federal court can hear malpractice suit as a violation of the federal patient bill of rights or a Heppa violation.. Which of course renders this new law moot and irrelevent.. Not that conservatives think of such things..

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

    Quote Originally Posted by Temporal View Post
    More immunity to corporations, just what America needs.

    Now if you sue a corporation (which is already hard enough to do successfully), you could stand to lose everything if you don't win your case.

    Crazy.
    Exactly, I feel sorry for the people of Texas, and S.Carolina.
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    Re: Governors of Texas, South Carolina sign tort reform into law

    Quote Originally Posted by Temporal View Post
    More immunity to corporations, just what America needs.

    Now if you sue a corporation (which is already hard enough to do successfully), you could stand to lose everything if you don't win your case.

    Crazy.
    Or if you sue someone it better be a good case instead of hoping the cost of the litigation is more then a payout for free $$
    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 MrVicchio View Post
    Or if you sue someone it better be a good case instead of hoping the cost of the litigation is more then a payout for free $$
    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.

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

    What exactly is a "frivolous" claim anyways?
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    Re: Governors of Texas, South Carolina sign tort reform into law

    Quote Originally Posted by MrVicchio View Post
    Or if you sue someone it better be a good case instead of hoping the cost of the litigation is more then a payout for free $$
    Now??? Can you write that sentence in a way that it actually makes sense?? There are very few cases where the cost of litigation is more than the damages sought.. Most companies don't settle because of cost.. They settle because of PR.. When was the last time we say BP in the news?? They still haven't paid for much of anything.. They still owe countless people damages for their negligence.. Another point your missing is that in many cases, it is cheaper to settle than it is to actually fix the problem..

    Tort reform should limit some things.. But it still needs to hold doctors and hospitals accountable for their negligence.. What would you do if you went to the hospital for an appendectomy, which is the operation to have your appendix removed.. But instead you had an AVR or Aortic Valve Replacement, which is open heart surgery?? How much is that mistake worth?? Or lets just say that you were given the wrong perscription for something and you died.. How much is your family allowed to recieve over your death?? Do you want someone putting a price tag on your life??

    I agree with a mechanism that helps stop and prevent frivolous laws suits.. But on the same tolken, doctors, hospitals, or whomever should be held responsible for their mistakes.. The amount they pay for said mistakes should also be enough to encourage change and steps to not let these mistakes repeat themselves..

    How much are you worth Viccio?? Give me a number?? How much are you worth to your family?? Do you have any experience in dealing with hospitals or malpractice??

    Hospital tried to silence whistleblower; up to 1,000 patients may have died from negligence

    This is why you have to be so careful with Tort reform.. Who are you protecting?? The patient or the hospital?? If your not protecting the patient then you are on the wrong side of things..

    Patient Dies of Medication Overdose Due to Hospital Negligence :: Pennsylvania Personal Injury Blog

    Surgeon found negligent in patient death - Redlands Daily Facts

    Patient dies due to negligence of docs Lastupdate:- Tue, 28 Jun 2011 18:30:00 GMT GreaterKashmir.com

    The list goes on and on and on.. How much are their lives worth?? Are they worth more than yours??

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

    Quote Originally Posted by Your Star View Post
    What exactly is a "frivolous" claim anyways?
    You take a sip of hot coffee and burn your tongue so you sue McDonalds.. The person that did that actually won and got damages, and now on the bottom of their cups is the message 'The beverage you are about to enjoy is hot.'..

    Liebeck v. McDonald's Restaurants - Wikipedia, the free encyclopedia

    $640,000 for being a dufus when it comes to drinking a hot cup of jo..

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

    Quote Originally Posted by DemonMyst View Post
    You take a sip of hot coffee and burn your tongue so you sue McDonalds.. The person that did that actually won and got damages, and now on the bottom of their cups is the message 'The beverage you are about to enjoy is hot.'..

    Liebeck v. McDonald's Restaurants - Wikipedia, the free encyclopedia

    $640,000 for being a dufus when it comes to drinking a hot cup of jo..
    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
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