Take THAT "tort reformers." The 7th Amendment lives in Oklahoma!
Now if we could just get them to respect the XIVth we'd be in good shape.
HOUSE BILL 2128 Damages; limitations on damages for bodily injury;
modifying recovery cap on certain noneconomic damages.
AMENDMENT FAILED
YEAS: 32 RCS# 236
NAYS: 68 3/15/2011
EXC : 1 2:19 PM
C/P : 0
"Discourage litigation. Persuade your neighbors to compromise whenever they can. Point out to them how the nominal winner is often a real loser; in fees, expenses and waste of time." -- Abraham Lincoln, (1809-1865) Lawyer and President who saved the United States.
"Without opportunities on the part of the poor to obtain expert legal advice, it is idle to talk of equality before the law"-- Justice Chas. Evans Hughes
I think if you look deeper into it you will see its ****ed up......
Hey... maybe T BOONE can pony up and start a Stilleater newspaper... but the players would probably just use it to roll the weed.
How so? srsly.Originally Posted by Breadburner
"Discourage litigation. Persuade your neighbors to compromise whenever they can. Point out to them how the nominal winner is often a real loser; in fees, expenses and waste of time." -- Abraham Lincoln, (1809-1865) Lawyer and President who saved the United States.
"Without opportunities on the part of the poor to obtain expert legal advice, it is idle to talk of equality before the law"-- Justice Chas. Evans Hughes
Only a lawyer or someone looking for a free ride would think this is a good thing.
People who have had a loved one hurt or killed by someone else's negligence do not share your opinion.
"Discourage litigation. Persuade your neighbors to compromise whenever they can. Point out to them how the nominal winner is often a real loser; in fees, expenses and waste of time." -- Abraham Lincoln, (1809-1865) Lawyer and President who saved the United States.
"Without opportunities on the part of the poor to obtain expert legal advice, it is idle to talk of equality before the law"-- Justice Chas. Evans Hughes
Homey....who were the players pushing for the reform? If others think that everyone who gets a day in court is an Anti-American Freeloading piece of crap...they are welcome to their opinion.
That's not what I believe. I'm glad it went down in flames.
Re: Occasionally that bunch on Lincoln Boulevard makes the right call...
Damn Straight
Too bad that Texas could not accomplish this. My example to friends who were in favor of our med-mal Sen. Bill 4 a few years ago (caps non-economic damages at 200K) -- what happens if you go in for a vasectomy, and it goes wrong. Now, your stuff does not work. The rest of your life, your bed is silent. Does money solve this problem? No, but the possibility of liability makes professionals be careful.
Tulsa World story.
Lawsuit reform derailed in House
By RANDY KREHBIEL World Staff Writer
Published: 3/15/2011 2:35 PM
Last Modified: 3/15/2011 2:45 PM
OKLAHOMA CITY -- A coalition of Democrats and wary Republicans derailed lawsuit reform in the Oklahoma House Tuesday afternoon, voting down an amendment that caused leadership to withdraw the legislation entirely.
The bill set the hard cap for non-economic damages -- so-called "pain and suffering" -- at $350,000, a move lawsuit reform proponents say is necessary to prevent unwarranted judgments.
A Senate version of the bill would cap such damages to $250,000.
Democrats have generally opposed such caps, claiming they are unfair to individual plaintiffs. On Tuesday, they were joined by Republicans who argued the caps violate the U.S.Constitution's guarantee of jury trial.
By RANDY KREHBIEL World Staff Writer
"Discourage litigation. Persuade your neighbors to compromise whenever they can. Point out to them how the nominal winner is often a real loser; in fees, expenses and waste of time." -- Abraham Lincoln, (1809-1865) Lawyer and President who saved the United States.
"Without opportunities on the part of the poor to obtain expert legal advice, it is idle to talk of equality before the law"-- Justice Chas. Evans Hughes
Thanks
Any time a lawyer gets a hard on over something, i weep for society
heh...
The jury box is the only place to find true democracy anymore. You can't take the jury out to lunch to influence their vote
Well sir, lawyers John Adams, Thos. Jefferson and James Madison got a hard-on over the US Constitution they drafted. No weeping for society required there.
"Discourage litigation. Persuade your neighbors to compromise whenever they can. Point out to them how the nominal winner is often a real loser; in fees, expenses and waste of time." -- Abraham Lincoln, (1809-1865) Lawyer and President who saved the United States.
"Without opportunities on the part of the poor to obtain expert legal advice, it is idle to talk of equality before the law"-- Justice Chas. Evans Hughes
Weeping that it is rarely followed
CS let me introduce you to Homey; Homey,meet CS.
If you are comparing yourself or a majority of your kind to them, I will weep even more
[not a JD]
Looking at the caps it appears they were too low even for a lawyer hater like myself. No need to over correct the system we have now at tilt the balance the other way. Caps would be nice though. There's too much room for an emotional/vindictive jury of "peers" to stick it to some evil person only to negatively impact all the hard working folks thru collateral damage.
If $350,000 is a free ride....lets compare the ride of a major lotto winner that gets 50 Million Dollars (a nice chunk of dough but not an amount much more than a Pro Football Player) and is broke in 5 years.
Putting limits on these decisions will give credence to just give the max to everyone...a Staticians dream when measuring liability.
I agree that there should be no limits, but how about disbarring any lawyer that proceeds on the behalf of a patient with a bull**** lawsuit?
Sometimes you don't know your lawsuit is bull**** until you've had the opportunity to conduct discovery. You can't conduct discovery without filing a lawsuit. It's kind of a catch-22. Often, what the client thinks happened to them and what really happened are two different things.
It so happens, however, that we already have a rule like that:
http://www.law.cornell.edu/rules/frcp/Rule11.htm
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