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Old 02-08-2011, 10:26 AM   #16
pjorourke
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Originally Posted by charlestudor2005 View Post
@PJ

You sound like you don't believe in the jury system. How anti-US Constitution of you.

Most of these cases, if not all, would have been defended by silk stocking insurance defense firms who are more than able to mount a serious defense. Makes me wonder, as Paul Harvey would have said, what the rest of the story is.
Well this is state civil cases, not Federal ones, so I'm not sure what is the Constitutional reference you are making.

As I noted, I was just suggesting revenue opportunities for TTH so we can get his unhappy ass out of the country sooner. If he doesn't like being in a land that presents him with the opportunity to manipulate gullible juries to milk money from "rich" companies, I certainly don't want to force him to stay.
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Old 02-08-2011, 10:29 AM   #17
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Most of these cases, if not all, would have been defended by silk stocking insurance defense firms who are more than able to mount a serious defense. Makes me wonder, as Paul Harvey would have said, what the rest of the story is.
The problem is that we've become an entitlement society -- to some people, all of society's ills can be blamed on others who are wealthier or "won life's lottery", as some wealth-envy pimps have put it.

Have any of you ever been called for jury duty in Dallas county? If so, you know what I mean. All you have to do is take a look around at all the other prospective jurors and you'll realize why anyone in the "Tuxedo" category would be one of almost any ambulance chaser's first peremtory strikes.

The existence of so many dysfunctional, entitlement-minded people makes the defense attorney's task almost impossible in many tort lawsuits. Appeals to reason fall on deaf ears, instead succumbing to heart-rending yarns spun by glib plaintiffs' lawyers.

And that's the rest of the story!

(I have nothing against lawyers. My Dad is a lawyer, although he's in his mid-80s and long retired. It's just that I have a problem with certain types of lawyers -- namely, those who conduct unscrupulous shakedowns of successful individuals and businesses.)
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Old 02-08-2011, 11:48 AM   #18
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The problem is that we've become an entitlement society -- to some people, all of society's ills can be blamed on others who are wealthier or "won life's lottery", as some wealth-envy pimps have put it.

Have any of you ever been called for jury duty in Dallas county? If so, you know what I mean. All you have to do is take a look around at all the other prospective jurors and you'll realize why anyone in the "Tuxedo" category would be one of almost any ambulance chaser's first peremtory strikes.

The existence of so many dysfunctional, entitlement-minded people makes the defense attorney's task almost impossible in many tort lawsuits. Appeals to reason fall on deaf ears, instead succumbing to heart-rending yarns spun by glib plaintiffs' lawyers.

And that's the rest of the story!

(I have nothing against lawyers. My Dad is a lawyer, although he's in his mid-80s and long retired. It's just that I have a problem with certain types of lawyers -- namely, those who conduct unscrupulous shakedowns of successful individuals and businesses.)
that explains why so many people have pretentious behaviour when it comes to their income and work experience - i`d stop short of saying education , since that is judgemental. It can be largely explained by envy of not belonging to a class where you want to belong, but don`t have the actual "facts" to support that belonging. or it can be seen as a goal in the long run. There are a lot of "snobs" out there who are not really rich, but rather pretend to be rich just for show ;.) lol.

It is a valid point to argue with you about the "kids" of the rich people. I think someone like Paris Hilton did not really do something other than being a spoiled brat to deserve all her money. It can be discussed wheather it is a privilege of calvinism and Paris had just better Karma than all of us or if it is socially unfair and living in an egalitarian society makes social systems necessary for the ones that don`t get born with "the golden spoon". I`d stop short of blaming all of societies ill on someone who is richer than me, but i have made the very subjective and personal experience that people who are born rich or into good families sometimes lack the empathy to understand for example where i come from.

On the other hand i experienced many - especially female - people who only date rich people and whatnot, i think that explains a lot of the envy too, because a woman who is not really successful by herself eventually needs a caretaker if she wants to be long to the wealthy and spoiled.

That said the social inequality enables rich people to only date amongst rich people and not ever outside their own social class, which counts for the fact of the lacking of empathy as well. I know such things from personal experience, i have dated two wealthy guys (one paid for my expenses the other one didn`t) and of course i can`t generalize that on the whole population, but sometimes i was wondering what these people think actual problems are? so all of that caters to the "envy" about lacking social justice.

I had the unique opportunity to be born as a woman and be able to have sugardaddies. But i do not want to know how my life would have turned out if i did not have the abilitiy to work as an escort. I think all this escorting is also a way of wanting to belong to the "chosen" few :-). I simply don`t want to live poor and not be able to do some things. I am in no way envious of richer people though, but i care about social unjustice and lack of empathy. Just my opinion.
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Old 02-08-2011, 12:30 PM   #19
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The existence of so many dysfunctional, entitlement-minded people makes the defense attorney's task almost impossible in many tort lawsuits. Appeals to reason fall on deaf ears, instead succumbing to heart-rending yarns spun by glib plaintiffs' lawyers.
give it up if you are a defense attorney trying a case in the valley.

i recall perhaps its been 20 years or so now, when a school bus and, i think, a coca cola truck collided down in the valley...the local volunteer fire department came to the rescue and all the fire volunteers wound up suing coca cola for emotional distress
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Old 02-08-2011, 12:56 PM   #20
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that explains why so many people have pretentious behaviour when it comes to their income and work experience - i`d stop short of saying education , since that is judgemental. It can be largely explained by envy of not belonging to a class where you want to belong, but don`t have the actual "facts" to support that belonging................I am in no way envious of richer people though, but i care about social unjustice and lack of empathy. Just my opinion.
Not sure what your point is, but mine is merely that the tort bar is able to suck massive amounts of money out of the economy by capitalizing on the resentments held by large segments of the population. Yes, income and wealth inequality in the U.S. have increased dramatically over the last 40 years, but that's no excuse to shower good fortune on a few winners of frivolous lawsuits. This is not about "pretentious behavior." It's about an entitlement society that's been allowed to run amok.

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It is a valid point to argue with you about the "kids" of the rich people. I think someone like Paris Hilton did not really do something other than being a spoiled brat to deserve all her money.
I would suggest that for everyone with an inheritance the size of Paris Hilton's, there are many of us who have worked hard, saved, invested, and built businesses. We have a rather strong distaste for the antics of some of the more unscrupulous members of the tort bar. I and entities I've controlled have been targeted by these guys many times, and I've had to spend a hell of a lot of money on defense attorneys over the years. However, I've never lost or unfavorably settled a lawsuit. When a plaintiffs' attorney wants to initiate "settlement talks", I instruct my lawyers to tell him to go fuck himself (in an appropriately legal-sounding way, of course).
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Old 02-08-2011, 12:57 PM   #21
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Originally Posted by CaptainMidnight View Post
The problem is that we've become an entitlement society -- to some people, all of society's ills can be blamed on others who are wealthier or "won life's lottery", as some wealth-envy pimps have put it.

Have any of you ever been called for jury duty in Dallas county? If so, you know what I mean. All you have to do is take a look around at all the other prospective jurors and you'll realize why anyone in the "Tuxedo" category would be one of almost any ambulance chaser's first peremtory strikes.

The existence of so many dysfunctional, entitlement-minded people makes the defense attorney's task almost impossible in many tort lawsuits. Appeals to reason fall on deaf ears, instead succumbing to heart-rending yarns spun by glib plaintiffs' lawyers.

And that's the rest of the story!

(I have nothing against lawyers. My Dad is a lawyer, although he's in his mid-80s and long retired. It's just that I have a problem with certain types of lawyers -- namely, those who conduct unscrupulous shakedowns of successful individuals and businesses.)
I beg to differ. When I lived in Dallas, I read the Dallas trial report regularly. Dallas is known as a very conservative and defense venue for tort-type lawsuits. A lot of cases got kicked out on motions.

And, I assume, in all the cases cited by PJ, each case was presented to the court on a motion to dismiss on the motion docket. And since it got to trial, the judge denied those motions. Although I'm sure PJ's position is that these are frivolous lawsuits, the mere fact that they made it past the motion docket would seem to indicate otherwise.

BTW, I read the McDonald's case. McDonald's deserved everything they got. I've scalded my mouth on their coffee. No entity should serve a drink at the boiling temperature. Although I don't put coffee between my legs, I regularly remove the plastic top b/c it cools off faster. When you drink through the little hole in the plastic top it burns your mouth because the coffee hasn't cooled sufficiently. Just sayin'.
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Old 02-08-2011, 01:07 PM   #22
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I beg to differ. When I lived in Dallas, I read the Dallas trial report regularly. Dallas is known as a very conservative and defense venue for tort-type lawsuits.
I strongly disagree.

Dallas used to be known as a conservative city -- in fact, it was considered heavily Republican territory. Rapid demographic changes over the last decade or two have changed all that. I've been called for jury duty at least a dozen times over the last 35 years and have seen a dramatic transformation.

It sure looks to me like it's gotten almost incomparably easier to load a jury with plaintiff-friendly folks.
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Old 02-08-2011, 01:08 PM   #23
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BTW, I read the McDonald's case. McDonald's deserved everything they got. I've scalded my mouth on their coffee. No entity should serve a drink at the boiling temperature. Although I don't put coffee between my legs, I regularly remove the plastic top b/c it cools off faster. When you drink through the little hole in the plastic top it burns your mouth because the coffee hasn't cooled sufficiently. Just sayin'.
Perfect example:

1) If you don't like the temperature of their coffee -- don't buy it. Nobody put a gun to your head and said you have to drink it. Its too hot for my taste, so I don't buy it.

2) Anyone who has ever bought McD's coffee knows it is hot -- if you don't like it that way, ask for ice. Its free.

3) What fool puts an open cup of hot liquid in their lap while driving? Probably the same ones that put on their makeup while driving and talking on their cell phones.

4) Cup holders -- every car produced in the last 20 years has them -- even high performance sports cars where they make no sense whatsoever.
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Old 02-08-2011, 02:08 PM   #24
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I do not care for elitist immigration. If you are wealthy and are willing to invest a million (I think that’s the figure.) in a US business, then come on in. If you are from the right kind of war torn place such as El Salvador or better yet a Commie country, then emigrating here is a piece of cake. Remember when Castro emptied his prisons and shipped his felons here? But for some countries – not so easy. For instance, if you are Mexican, you’re SOL. There isn’t even a lottery for Mexico, but if you are a doctor, nurse or some other such “valuable” professional as outlined in NAFTA, then you are welcome. It’s just not fair, but what is?

Do I think foreigners should be able to come here and trash our country? Yes I actually do. This is America and opinions are allowed. But I don’t like those people. And it makes me angry to listen to them bitch and moan while they are taking an American job. They have the right, but as far as I’m concerned, they need to go home. Actually I feel a bit stronger about it than that. I think they need to go the fuck home.

Charles, your new tag line is hi-larious.
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Old 02-08-2011, 03:33 PM   #25
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I do not care for elitist immigration. If you are wealthy and are willing to invest a million (I think that’s the figure.) in a US business, then come on in. If you are from the right kind of war torn place such as El Salvador or better yet a Commie country, then emigrating here is a piece of cake. Remember when Castro emptied his prisons and shipped his felons here? But for some countries – not so easy. For instance, if you are Mexican, you’re SOL. There isn’t even a lottery for Mexico, but if you are a doctor, nurse or some other such “valuable” professional as outlined in NAFTA, then you are welcome. It’s just not fair, but what is?

Do I think foreigners should be able to come here and trash our country? Yes I actually do. This is America and opinions are allowed. But I don’t like those people. And it makes me angry to listen to them bitch and moan while they are taking an American job. They have the right, but as far as I’m concerned, they need to go home. Actually I feel a bit stronger about it than that. I think they need to go the fuck home.

Charles, your new tag line is hi-larious.
+1 on your dissertation.

The tag line isn't original so I give credit where it is due. If it were dark chocolate, it would even be healthy. LOL
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Old 02-08-2011, 04:26 PM   #26
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Not sure what your point is, but mine is merely that the tort bar is able to suck massive amounts of money out of the economy by capitalizing on the resentments held by large segments of the population. Yes, income and wealth inequality in the U.S. have increased dramatically over the last 40 years, but that's no excuse to shower good fortune on a few winners of frivolous lawsuits. This is not about "pretentious behavior." It's about an entitlement society that's been allowed to run amok.



I would suggest that for everyone with an inheritance the size of Paris Hilton's, there are many of us who have worked hard, saved, invested, and built businesses. We have a rather strong distaste for the antics of some of the more unscrupulous members of the tort bar. I and entities I've controlled have been targeted by these guys many times, and I've had to spend a hell of a lot of money on defense attorneys over the years. However, I've never lost or unfavorably settled a lawsuit. When a plaintiffs' attorney wants to initiate "settlement talks", I instruct my lawyers to tell him to go fuck himself (in an appropriately legal-sounding way, of course).
I understand what you mean with your first statement. I was just "elaborating" it into something psychological since i am too stupid for laws . I heard that the system in the USA works with all these lawsuits because you don`t have norms like ISO like we do in europe. so its easier to sue someone about something because they can. Talking about Mc Donalds COffee law suit bcause the water was so hot (hotter than boiling temperature that is allowed in europe). so that entitles people to make such lawsuits. Other than tha i am noit really capable of talking about US laws ;-( I don`t know so many things about it. Its interesting system though. Much different than european system. SO from the norm stuff i could see that the entitlement is at least to some parts justified. But maybe i got it all wrong, as i said i am not very veratile at these parts, but eager to learn.

To the second statement, would you care to explain any further? I don`t understand what you mean when you say you have a distaste for unscrupulous members of the tort bar. Does that mean the ones who inherit without working? Or who would that be? And what do you mean when you say you have been targeted by entities of that tort bar? I am sorry, i really don`t understand, would you be so nice to explain that some more to me so i can understand? Thanks in advance.
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Old 02-08-2011, 04:31 PM   #27
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[SIZE=3][

Do I think foreigners should be able to come here and trash our country? Yes I actually do. This is America and opinions are allowed. But I don’t like those people. And it makes me angry to listen to them bitch and moan while they are taking an American job. They have the right, but as far as I’m concerned, they need to go home. Actually I feel a bit stronger about it than that. I think they need to go the fuck home.

Charles, your new tag line is hi-larious.
Even though i am not american citizen (yet) i agree with you on that point. What i also do understand as harming the USA is when people actually work illegally and do not pay taxes and take all the money abroad. That is harmful. I think when you work somewhere you have to pay taxes to support that country. The USA is btw the only country where you are taxable also when you live outside the USA. hehehehe smart move. The europeans are not so much like that. we have agreements with other countries on taxes. For example i was legally allowed to work in switzerland for 90 days a year and NOT pay taxes for switzerland. If i have my first home in switzerland i am not required to pay taxes for austria. Not so in the USA. Even if you live in switzerland and work there for a swiss country , as long as you are american citizen you have to pay taxes also for the USA.

I think at some point that is correct, because if you have citizenship you should support your country otherwise give it back. If people have the luxury of two citizenships then support two countries. :-)
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Old 02-08-2011, 04:44 PM   #28
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Hmmmmm, I'm wondering if all of those major corporations Cap'n is so concerned about just sent in the fourth-string legal eagles or phoned in their defense. I'm so very sure that's what happened.....

Not much sympathy for the poor babies (i.e. gazillion dollar multi-national corporations) - don't think for a second that they wouldn't (and don't) try to run anyone over who gets in their way - though the furniture store story sounds pretty rough and may have resulted in the owners not being able to afford good counsel, or better at selling furniture than picking lawyers.

I realize that there are occasional f*ck-ups in these sorts of cases, but there is also the appeals process, too. And, by-the-by, should they get hung out to dry by an honest, justifiable verdict, the big corporations will be first in line to take every advantage possible. But, for my money (and the 40+ years experience of dealing with large corporations) don't get too worked up, sympathy-wise, for big companies. They're doing just fine.
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Old 02-08-2011, 05:15 PM   #29
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To the second statement, would you care to explain any further? I don`t understand what you mean when you say you have a distaste for unscrupulous members of the tort bar. Does that mean the ones who inherit without working?
No, I'm referring to those who make a living bamboozling gullible juries with exaggerated heart-rending stories, phony data, and junk science. There are plenty of shakedown artists who employ such tactics and specialize in pressuring defendants to settle instead of risking a trial. The ease with which one can load a jury nowadays with wealth-envy sufferers enables this process in many big cities. Defendants obviously know this and always have to fear an unfavorable outcome, even if they have done nothing that a reasonable person would consider negligent.

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Hmmmmm, I'm wondering if all of those major corporations Cap'n is so concerned about just sent in the fourth-string legal eagles or phoned in their defense. I'm so very sure that's what happened.....

Not much sympathy for the poor babies (i.e. gazillion dollar multi-national corporations)...
I wasn't talking about major (as you put it, "gazillion dollar multi-national corporations") -- when I referred to entities I owned or controlled, I was speaking of entities that would by most metrics be considered "small businesses", or in some cases commercial real estate properties. (I ain't exactly Warren Buffett.)

If you want to be a blanket apologist for the plaintiffs' bar, go right ahead. I just don't think you're going to find a whole lot of sympathizers among those who've actually accomplished something in life.
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Old 02-08-2011, 05:28 PM   #30
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No, I'm referring to those who make a living bamboozling gullible juries with exaggerated heart-rending stories, phony data, and junk science. There are plenty of shakedown artists who employ such tactics and specialize in pressuring defendants to settle instead of risking a trial. The ease with which one can load a jury nowadays with wealth-envy sufferers enables this process in many big cities. Defendants obviously know this and always have to fear an unfavorable outcome, even if they have done nothing that a reasonable person would consider negligent.




.
oh now i understand. thanks for explaining. Oh yes and i do a hell of a lot agree with you on that point. I never understood that either how its even possible . Personally, i think the jury-system is very flawed. But that is just IHMO coming from europe. I mean if i want to get a good hairdo i also don`t let a dillettant cut my hair. Why would i let a jury existing of lay people decide? Its outrageous...
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