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One more note on TORT REFORM:
There is tort reform I would support. It's very simple.
1. Allow punitive damages - the wrongdoer needs to be punished.
2. But, don't give the excess gobs of $$$ to the plaintiff, who was not hurt in *that* amount. Instead, funnel punitive damages into social welfare programs, providing free legal services for those who can't afford to pursue their own claims (and there are LOTS, believe me) or simply reduce everyone's tax burden. (Note: the only reason this currently is not ascribed to is a hundreds-of-years-old common law legal tradition that *only* the parties in a lawsuit can be given money.)
[edited in after a later post:]
3. As an addendum, I should note that the lawyer's fees should only come from the non-punitive portions or should be decreased for that portion of the recovery -- thereby reducing the incentive to sue that we are currently faced with. I agree that I don't want to see the lawyers making such silly gobs of money.
[end edited portion]
Thus, we get to PUNISH the wrongdoer, without suffering the annoying WINDFALL that the plaintiff sometimes gets.
This is what I would consider good tort reform. But, what the Repugs in DC advocate is simply capping damage amounts. I should too, you know, as it would be *much* better for my environmental clients. But, on this board, I can speak for what's right - not what lines my pockets.
[ 01-14-2003, 02:29 PM: Message edited by: Timber Loftis ]
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