Feb. 19, 2005 - 19:37 MST

THE WONDERING JEW

There Is A Reason

Texas Rawhide at the helm again. There is an article in today's Rocky Mountian News by Jennifer Loven of the Associated Press which I quote in full:

Bush signs law in quest to end lawsuit culture

"WASHINGTON -- As President Bush signed legislation Friday aimed at discouraging multi-million-dollar class-action lawsuits, he made clear he had his sights set on much broader restraints."

"Next up, Bush said, should be curbs on asbestos litigation, and medical malpractice awards."

"We're making important progress toward a better legal system," he said during an East Room signing ceremony for the class-action bill. "There's more to do."

"In the nine-minute White House ceremony, Bush said a half-dozen times that the legislation was only a beginning in his drive to end the "lawsuit culture in our country."

"Surrounded by a bipartisan group of lawmakers, the president hailed the legislation that had been bitterly opposed by consumer groups and trial lawyers but nonetheless attracted some Democratic supporters."

"Bush said having federal judges take most large class-action lawsuits away from state courts would "prevent trial lawyers from shopping around for friendly local venues."

"Under the bill, class action suits seeking $5 million or more would be heard in state court only if the primary defendant and more than one-third of the plaintiffs are from the same state."

"And limiting lawyer's fees in settlements where plaintiffs win product discounnts instead of money, the president said, would keep lawyers from reaping "huge pay-outs while the plaintiffs ended up with coupons worth only a few dollars." The law links attorney fees to the coupons' redemption rate or actual hours spent on the case."

"We have agreed on a practical way to begin restoring common sense and balance to America's legal system," Bush said. "The bill will ease the needless burden of litigation on every American worker, business and family."

+++++++++++++++++++++++++++++++++++

Opinions here:

Frightening thing in the article are the words, "he made clear he had his sights set on much broader restraints." Yeah - - right - - Probably will end up if he has his way, the only lawyers in our country will be government employees.

It is pretty obvious that some lawyers manage to squeeze out more bucks than they deserve and also that they will let their clients settle for so little. Yet, I think a good portion of us citizens have benefitted from class action suits. Each of us are not in a postion to hire a lawyer to fight injustice to us by those in power. But as a group suffering the same injustices from the same entity a class action lawsuit is about the only recourse we have. Now Bush is trying to cut that down, what little left hampered by federal government intervention.

True, I do think something should be done about medical malpractice suits, which I think is one reason that health care is so very expensive nowadays, malpractice insurance ! But not deny a citizen the right to sue, the right for him or her to be taken care of when a doctor makes a boo-boo and they can work no longer or have to be out of work and in physical therapy for extended times. Or will it just be tough stuff if a person suffering from effects of malpractice can work no longer and perhaps their relatives will take them in and support them ?

And then there are the suits about asbestos. I guess no one knew just how much asbestos was in how many things. Its about like lead based paint, there are still some houses and apartments with lead based paint on their walls and woodwork.

It is true that one cannot go back and sue ancestors nor can one truly sue a company that made a product before it was known to be hazardous to a person's health. Yet we do have the anomaly of the tobacco settlements by law. Hell I started smoking when I was eight years old (1929) at that time it was common knowledge that once the habit was acquired it was permanent. That it would cut your wind, that it was addictive and bad for you healthwise. We kids didn't give a damn, it was what in later years would be called "cool" to be a smoker. Apparently in later years enough evidence was gathered that showed it affected the heart and many other parts of the body. From what I have read, then is when the tobacco companies made their mistake and tried to deny what they themselves knew as fact. Or am I wrong ?

So what is next with the Pres. ? Personal injury lawsuits ? Wage and hour lawsuits ? He claims, "We're making important progress toward a better legal system." Yeah but better for who ? Especially as he has his sights set on much broader restraints.

It's hard enough to sue City Hall or the Federal Government as it is now, and it looks as if Dubya is going to fix things to where the private citizen has no recourse, no defense against those who will visit injustice on he and his, her and hers.

Seems to me that I have read that the majority of legislators in our government are lawyers, if so what the hell is going on ? Lawyers may only be employees of our government now, but not in private practice ?

There is law, and lawyers, which and who came into being due to injustice to weaker folk (poorer and such)and the need for redress and relief. We still need them and There Is A Reason . . . . . . . .

Blog