View Poll Results: Should there be a limit in what a jury/court can award someone?

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Thread: Should there be a limit in what a jury/court can award someone?

  1. #1
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    Should there be a limit in what a jury/court can award someone?

    Should there be a limit in what a jury/court can award someone?



    St. Louis woman awarded $95 million after former boss allegedly masturbated on her
    "A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murder is less to fear"

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    Re: Should there be a limit in what a jury/court can award someone?

    There are limits. If this award came from a jury, a judge would and should set it aside and produce a more reasonable figure. If it came from a judge, then the same thing will happen, but on an appeal. No reasonable court would permit this farce.
    Liberté. Égalité. Fraternité.

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    Re: Should there be a limit in what a jury/court can award someone?

    Quote Originally Posted by jamesrage View Post
    Should there be a limit in what a jury/court can award someone?



    St. Louis woman awarded $95 million after former boss allegedly masturbated on her
    What a ridiculous over-the-top award. As I read the story, the store management didn't take responsibility for not acting...using as their defense that they are not responsible for the actions of workers. The American judicial system disagrees with that wholeheartedly. Employees are the agents of their companies and, even if they act outside the scope of their responsibilities, most courts hold management responsible unless a contract disallows such actions.

    I'd love to have more details about this. He assaulted her twice in one day? The first time hitting her in the head with his penis??? Hahahaha!!! What a story. I mean, she stuck around so he could assault her again? "Hello????? 911?????" Good grief!!
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  4. #4
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    Re: Should there be a limit in what a jury/court can award someone?

    Quote Originally Posted by Paschendale View Post
    There are limits. If this award came from a jury, a judge would and should set it aside and produce a more reasonable figure. If it came from a judge, then the same thing will happen, but on an appeal. No reasonable court would permit this farce.
    I am sure lots of people said the same thing about the Liebeck v. McDonald's Restaurants case. Basically a moron knowingly put a cup of hot coffee (.served at optimum temperature If it will be a few minutes before it will be served, the temperature should be maintained at 180 - 185 degrees Fahrenheit. ) between her legs and opened it which resulted in her burning the **** out herself. Now a trial judge reduced the award to $640,000 and they later settled settled for a confidential amount.
    Last edited by jamesrage; 06-11-11 at 11:41 PM.
    "A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murder is less to fear"

    Cicero Marcus Tullius

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    Re: Should there be a limit in what a jury/court can award someone?

    Quote Originally Posted by jamesrage View Post
    I am sure lots of people said the same thing about the Liebeck v. McDonald's Restaurants case. Basically a moron knowingly put a cup of hot coffee (.served at optimum temperature If it will be a few minutes before it will be served, the temperature should be maintained at 180 - 185 degrees Fahrenheit. ) between her legs and opened it which resulted in her burning the **** out herself. Now a trial judge reduced the award to $640,000 and they later settled settled for a confidential amount.
    That was actually after several complaints by numerous people, and MacDonald's being publicly targeted over their coffee being dangerously hot. MD basically shrugged and said they didn't care. Legally, they essentially assumed the risk for their negligent behavior.
    Liberté. Égalité. Fraternité.

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    Re: Should there be a limit in what a jury/court can award someone?

    I do think you should be able to sue for whatever amount but that maybe there should be limits in reguards to what you get if you should win.

    I am torn as a little person v/s big biz there is a part of me that says hey get what you can get. There is also a part of me that knows all consumers end up eating the cost of these lawsuits as it results in higher prices.
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    Re: Should there be a limit in what a jury/court can award someone?

    It easy when people see a large award being given out in court to be outraged, but the problem is that the award is being given out by people who actually have all the facts in the case, and those outraged and second guessing always lack all those facts. People are quick to be outraged, and generally about things they are partly or mostly ignorant on.

    We have a fairly good legal system. Not perfect, but fairly good. There are checks to prevent unreasonable rewards. Throwing artificial limits on the court cases because ignorant people might be outraged would be just about the worst possible thing we can do.
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    Re: Should there be a limit in what a jury/court can award someone?

    This was border line rape. If the company looked the other way, it should be held responsible. But I've always preferred that the people running the company to be held responsible, or at least who ever made the decision that lead to the negligence/fraud.

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    Re: Should there be a limit in what a jury/court can award someone?

    Quote Originally Posted by jamesrage View Post
    Should there be a limit in what a jury/court can award someone?



    St. Louis woman awarded $95 million after former boss allegedly masturbated on her
    Two things...acording the the article...

    She told the Atlanta Journal-Constitution that the award was likely to be capped because of federal law and will be closer to $40 million, plus attorney fees.

    So your question is kind of moot as there apparently already are caps.

    Next...

    Alford claimed that the store's then-manager, Richard Moore, gave her inappropriate nicknames and touched her inappropriately when she first began working there in 2005. Nearly a year after she was hired, she claimed, he came up to her in the stock room and whacked her on the head with his penis. Then, later that day, he lifted her shirt and masturbated over her as he held her down, she said.
    Sexual harrasement hell..thats assault, kidnapping, and sexual assault. I hope the dude is in prison.
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    Re: Should there be a limit in what a jury/court can award someone?

    I don't think there should be limits. The idea behind punitive damages is that they are punitive. In order for that to be true, then the amounts would need to be quite large in some cases. Even if the cap was set fairly high, say 10 million dollars, that would be a pittance to a billionaire. The equivalent of an average person getting sued for maybe a few hundred dollars.
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