Invasion of the City Folk

[HGM]

I think thats more on topic. Every system has its loopholes and people abusing them. It just seems the laws favor the guilty and penalize the innocent as Ernie is talking about. "Some" lawyers take advantage of that with frivilous lawsuits, playing on words or terminology. While others that hold much more importance are ignored because they are not a sure win.

I'm not sure if you have heard of Brian Nichols. He was an inmate in Atlanta who went on a shooting spree. He killed a couple people and hurt several others while escaping a hearing earlier in the year. Today, he is still the "accused" while his girlfreind(meth adict) is selling a book about how she saved them both. Most of it was caught on tape, it was a high profile thing here in Atlanta. Judges, police ,and other county workers saw this first hand and he is still "the accused".. BS!!!! Anyone who could defend "the accused" in a case like this is not fit to breath our air. Tell the families of the people he killed that he didnt mean to it. To top it off they will profit from it. Great system huh? BTW, I better not get hurt while trespassing on your property Ernie /forums/images/graemlins/grin.gif

The coffee thing was just an illistration of differing opinions. If its too hot to drink, I know it and will handle it like so. Is it right for them to do that as a gimick to avoid free coffee? No. Do they deserve to pay millions for it? I dont think so... Bottom line, I dont care! /forums/images/graemlins/grin.gif

 

[riptides]

No, no....

It was an ATV/UTV/loud motorcycle rider who just went to Mickey D's drive through and cut through your large acreage property. You heard the loud pipes, followed by a loud yelp. You followed the mud trail to see the ranting neighbor venting about how he should have been wearing chaps while drinking and driving. The pothole on the public road made him leave the roadway, and it is your fault he ended up on your property. /forums/images/graemlins/smile.gif

Whew, that sums up a few threads. Did I mention the handgun? /forums/images/graemlins/smile.gif /forums/images/graemlins/smile.gif

-Mike Z. /forums/images/graemlins/cool.gif

 

[RedRocker]

I think that covers it. /forums/images/graemlins/grin.gif

 

[YanmarFever]

As far as Mc donalds coffee goes, I used it once to strip paint off my tractor, in my opinion you gotta have 0 taste buds to drink that swill /forums/images/graemlins/shocked.gif
Ern.

 

[HGM]

Funny, I feel that way about Dunkin Donuts coffee...... Guess I just have a taste for paint thinner.... /forums/images/graemlins/grin.gif

 

[HobbleCreek]

Very well done Mike. /forums/images/graemlins/grin.gif

 

[Varmintmist]

I agree with Ernie.

I thought the reason that they kept it so hot is to cover the taste. /forums/images/graemlins/blush.gif

 

[turnkey4099]

My problem with lawsuits is the excessive cuts the lawyer takes out of rewards. Well that and the ones who will file a lawsuit on contingency even if it is a lost cause because they just -might- win it.

Case in point in my county. Guy wound up barricaded in his car surrounded by county deputies refusing to surrender and waving a gun around. 3 hours (about) negotiating with him including by his own brother. He finally steps out and levels down on a deputy - winds up dead and some scum files a wrongful death lawsuit against the county. Other than the filing nothing more was heard about it so I assume some judge or ethical organization explained things to him.

A solution to frivolous suits might be to make the losing side pay all legal expenses. A limit on contingency fees would also be appropriate. Used to be 30% was the going thing years ago. Now I am hearing 40 and even 50%.

Re: McDonalds case. I seem to recall that the judgement was overturned on appeal and greatly reduced.

Harry K

 

[HobbleCreek]

My state already has a statute that says that if a lawsuit is filed in bad faith, or if a defendant defends a lawsuit in bad faith, that party can be required to pay the fees incurred by the opposing party. I think it's a good law. Requiring all who lose lawsuit to pay fees might also be a good law, but there are some good reasons that it is not the law. Sometimes people just have an honest difference of opinion. The court system is a lot better place for them to resolve those differences than taking the law into their own hands. Although we do want to discourage frivolous lawsuits, we do not want to deny access to the little guy. The big corporation already has a huge advantage over the little guy in the legal fees are relatively small part of the corporate budget. If the little guy has to sue the giant and risk losing not only his own legal fees but also having to pay the corporation's cadre of Philadelphia lawyers, the little guy might be effectively bullied out of getting justice from the big corp to an even greater extent than happens now.

As for lawyers taking contingent fee cases when there's a small chance that they might win, I don't think it happens much. It takes way too much work on the lawyer's part to fight a big case to risk on a small chance of victory. Obviously as the size of the potential payoff goes up, the lawyer's willingness to take the risk goes up -- just like anyone else's. If there's a small chance of winning, I and any other rational person, would rather be doing something else unless there's a potentially huge payoff at the end -- either financially or emotionally (for example, a cause that you really believe in). The problem, then, is probably not contingency fees, per se, as much as it is incompetent lawyers who are incapable of figuring out that they've got a dog case. I assure you, there are very few lawyers taking cases that they believe to be "frivolous" on a contingent fee basis.

-- Grant

 

[Jagmandave]

Hobblecreek, thanks for stepping in and showing the other point of view............

My son is an attorney, and I've been trying to preach the other side of the coin off and on here too...........

I've maintained that it's less about the lawyer, and more about the client and the jury when it comes to these giant $$$ awards.