Frivolous Litigation
By Daryl L. Hunter

Frivolous litigation is bankrupting our society. It has become a lazy mans lotto ticket. Juries increasingly have kept raising the ceiling for punitive damage settlements. Each shocking new multi billion-dollar settlement is just a new benchmark for the nest big suit and the people of America are paying the bill

Health insurance never seemed like a bargain but litigation has increased their cost beyond the ability for many to pay for a reasonable policy. Employer's nation wide also feeling the pinch and are decreasing the coverage of the plans that they have been giving to their employees for years. We can thank gratuitous litigation inflicted upon the medical field for these increased costs to us.

Doctors are changing from high-risk specialties like OBGYN's to family practice because malpractice insurance has removed the incentive to practice certain important types of medicine. Many who would have gone into the medical field had second thoughts and have re-directed their goals. A sharp person can do anything, why pursue a career fraught with the threat of financially ruinous frivolous litigation.

There was a time that I was outraged as everyone about the price Americans paid for prescription drugs, until someone told me the reason. It's because Americans are the ones that sue the drug companies. The price of this litigation has to be paid by someone, it may as well be paid by the litigious society because "the non litigious" society doesn't deserve the extra burden of America's frivolous litigation cost incursion. Soon the pharmaceutical companies will figure out that it is better to just sell the tried and true drugs developed in the past as the risk of litigation removes the incentive for inventing new ones. The up side is, drugs would become cheaper the bad news is we would be stuck with only the drugs we now have.

When someone sues McDonalds $3 million for spilling hot coffee in their lap McDonalds is sure to past that litigation cost onto the consumer. Why do you think that 4 ounces of potato from McDonalds costs a dollar? Cigarettes are the most visible example of the cost of litigation being passed on to the end user.

Granted I found out during my wife's workman's comp situation with Albertsons Grocery Stores that sometimes a corporation needs a good financial reminder for why it is wise to be a good citizen. There is however a clear line between asking or providing what's fair over a legitimate grievance and ambulance chasing lawyers trying to make a name and fortune for themselves at the expense of a whole society.

In a civil case I am involved in I sent the following definition of prostituting to my opponents lawyer and he was outraged. I thought my lawyer should know of the correspondence and my lawyer calmly told me "we lawyers are prostitutes and the money is good."

Prostituting
tr.v. prosátiátutáed, prosátiátutáing, prosátiátutes
1. To offer (oneself or another) for sexual hire. 2. To sell (oneself or one's talent, for example) for an unworthy purpose.

Once when I was young I saw a car wreck I pulled over and watched a guy die without doing anything. I feared if I helped and did something wrong I would be sued. One mile from the hospital I figured I would leave it to the experts but by the time they got there 20 minutes later the guy was a dead. If not paralyzed into inaction by legal fear I may have done something to make him last until the ambulance got there. Thankfully there has been a law passed that protects people in such situations called the Good Samaritan law so we no longer have to fear that one. But this anecdote does illustrate a social cost to our litigious society.

My concern about frivolous litigation has changed to outrage at the American people for their shortsighted approach to problems we invite upon ourselves (our culture of lawsuits) and our idiotic reactions to them. We cheer lawyers that get 28 billion dollars from the evil cigarette manufactures. Now the lawyers are going to come after our pleasure food because they have a new benchmark to beat and a new villain in the crosshairs.

Tort reform has never been needed more as our society can't afford the price we are paying in cash, lost services, and an uncertain future.

Question: Why do they bury Lawyers 12 foot down instead of 6 feet?

Answer: Because deep down they are really good people


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Faces of Law Suit Abuse

FacesOfLawsuitAbuse.org, which was formerly named IAmLawsuitAbuse.org, is a project of the U.S. Chamber Institute for Legal Reform (ILR). ILR is a national campaign, representing the nation’s business community, with the critical mission of making America’s legal system simpler, fairer and faster for everyone. ILR was founded by the U.S. Chamber of Commerce in 1998 to address the country’s litigation explosion. This Site is made available by ILR. All content provided on or through this Site may be used only under the Terms and Conditions stated below

U.S. Chamber Institute for Legal Reform  Announces Most Ridiculous Lawsuits of 2010

  1. Woman sues Oprah and President Bush, declaring they "implanted a camera with wire sensors into her with the intent of reincarnation."
  2. Girl sues estate of pregnant woman she killed during suicide attempt
  3. Convicted killer sues to receive electrolysis as part of state-funded sex change
  4. Child-molesting teacher countersues boy's parents over negligent supervision
  5. Restaurant sued for failing to offer artichoke-eating instructions

The U.S. government hands out millions of dollars each year to various environmental organizations to help protect fish, wildlife and other aspects of the environment. And every year, those same groups spend millions suing the government over everything from forest policy and carbon emissions to water quality and wolf habitats.

When the CIA failed to replace 30 percent of its fleet with hybrid cars, the Arizona-based Center for Biological Diversity sued because "its members and staff are impacted by the health effects of oil production," according to the filing. And when the U.S. Fish and Wildlife Service failed to review the status of slick-stop pepper grass, the group ran up $200,000 in legal bills.

Who paid the attorneys fees? The American taxpayers did.

Sierra Club Exposed

Founded in 1892 by John Muir to "make the mountains glad," the Sierra Club is the oldest and arguably the most powerful environmental group in the nation. But its concerns are no longer limited to the happiness of the valleys. Once dedicated to conserving wilderness for future human enjoyment, the Sierra Club has become an anti-growth, anti-technology group that puts its utopian environmentalist vision before the well being of humans.

This is not your father's Sierra Club. Some of its leadership positions are held by activists with radical ties and even violent criminals. The Club has done well preserving a "mainstream" image, despite its increasingly radical bent.

The Club’s new extremist priorities are best illustrated in the person of animal-rights extremist Paul Watson, elected to the Sierra Club's board of directors in 2003. Watson founded the ultra-radical Sea Shepherd Conservation Society (SSCS) in 1977 after being booted from Greenpeace (which he also co-founded) for espousing violence in the name of the environment. Watson and his Sea Shepherd pirates sail the high seas, terrorizing the fishing industry by sinking ships and endangering lives. "I got the impression that instead of going out to shoot birds, I should go out and shoot the kids who shoot birds," says Watson (as quoted in Access to Energy, 1982).

In 2003 Watson announced that he was openly "advocating the takeover of the Sierra Club," claiming to be just three votes shy of controlling a majority of the group's 15-member board. During the Sierra Club's 2004 election season, Watson allied himself with candidates endorsing strict limits to legal immigration. Promising to "use the resources of the $95-million-a-year budget" to address both immigration policy and animal-rights issues, Watson actively promoted his chosen slate of candidates -- and lost big in a record turnout. Nevertheless, Watson will remain on the Sierra Club's board until 2006..........................rest of article


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