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Bill Would Place Caps on Tobacco Lawyers
AP ^ | April 10, 2003

Posted on 04/10/2003 5:18:53 PM PDT by sarcasm

WASHINGTON (AP) -- Lawyers in a landmark tobacco lawsuit could be forced to give $9 billion in fees to the states they represented, according to legislation introduced Thursday by two Republican senators.

``We should not unreasonably enrich trial lawyers at the expense of states suffering severe financial crises,'' said Sen. Jon Kyl, R-Ariz.

The proposal would impose a 200 percent tax on payments to lawyers that exceed five times the ``reasonable'' rate, which would vary by jurisdiction. In big cities lawyers still could make more than $2,500 an hour.

The lawyers who won a $246 billion settlement from the nation's big tobacco companies are the primary target, but the tax would apply to lawyers in any case with awards exceeding $100 million.

``This legislation will combat the gross abuse of attorney contingent fee agreements, abuses which we have been witnessing at an increasing rate in recent years,'' said Sen. John Cornyn, R-Texas.

Trial lawyers, including those in the tobacco case, were not pleased. ``Gutter politics,'' declared John Coale, who was involved in early efforts against the tobacco companies and now is suing gun makers. ``Is there any cap on the profits of the tobacco industry?''

Carlton Carl, spokesman for the Association of Trial Lawyers of America, said the money paid to the tobacco lawyers did not reduce the amount going to the states.

The settlement set up a three-member panel to decide what the state's private attorneys would be paid. The tobacco companies are paying $500 million a year toward the total.

``Fundamentally, this is once again a 'Washington-knows-best' kind of philosophy,'' Carl said.

If the bill passes, the two senators say California would get $1 billion, Texas $667 million and New York $607 million, down to Wyoming and its $15 million share.


TOPICS: Crime/Corruption; News/Current Events
KEYWORDS: pufflist; tobacco; triallawyers

1 posted on 04/10/2003 5:18:53 PM PDT by sarcasm
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To: sarcasm
Are thes "caps" attached to electric chairs....just hoping....
2 posted on 04/10/2003 5:24:57 PM PDT by spokeshave ( against dead wood (albore) Frogs & Rats)
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To: sarcasm
Are thes "caps" attached to electric chairs....just hoping....
3 posted on 04/10/2003 5:25:10 PM PDT by spokeshave ( against dead wood (albore) Frogs & Rats)
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To: sarcasm
Are these "caps" attached to electric chairs....just hoping.......(sorry :-<
4 posted on 04/10/2003 5:25:48 PM PDT by spokeshave ( against dead wood (albore) Frogs & Rats)
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5 posted on 04/10/2003 5:26:50 PM PDT by Support Free Republic (Your support keeps Free Republic going strong!)
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To: sarcasm
Representing the guvmint is kinda like representing the Mafia. They're gonna turn on you sooner or later.
6 posted on 04/10/2003 5:36:55 PM PDT by gitmo ("The course of this conflict is not known, yet its outcome is certain." GWB)
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To: *puff_list
http://www.freerepublic.com/perl/bump-list
7 posted on 04/10/2003 5:52:49 PM PDT by Libertarianize the GOP (Ideas have consequences)
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To: sarcasm
Much as I hate these cigarette ambulance chasers, I hate the idea of a 200% tax even more. If the government doesn't want to pay them, there's better ways than using the tax system as a cute way to achieve that goal.
8 posted on 04/10/2003 6:01:53 PM PDT by Pearls Before Swine
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To: sarcasm; SheLion; *puff_list
The money should be given back to Phillip Morris.
9 posted on 04/10/2003 6:04:51 PM PDT by Fraulein
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To: sarcasm
The caps trial lawyers need most is something to cap their ..... so they can't reproduce.
10 posted on 04/10/2003 6:11:11 PM PDT by Enterprise
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11 posted on 04/10/2003 6:11:42 PM PDT by Bob J
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To: Fraulein
"The money should be given back to Phillip Morris. "


Absolutely. What we need is a federal law BANNING tort suits, period. That's the only kind of tort reform that will help consumers. When we pay $3 for a Whopper and fries, probably $0.50 goes to the insurance Burger King has to pay because someone may slip on a wet floor or get burned by an overly hot apple pie.
12 posted on 04/10/2003 6:13:14 PM PDT by AuH2ORepublican (Extremism in the defense of liberty is no vice, moderation in the pursuit of justice is no virtue.)
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To: sarcasm
"Is there any cap on the profits of the tobacco industry"? Asked by a lawyer.

Now we know why he isn't an accountant. This stupid bas^ard doesn't think that grabbing over helf of the profits of those companies has nothing to do with their bottom line. This is most incredibly stupid statement I have ever heard a lawyer make, and I've heard some real boners. The guys is obviously in need of a dose change in his medications.

A White Castle fart smells better than this lawyer.

13 posted on 04/10/2003 6:13:34 PM PDT by timydnuc (FR)
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To: timydnuc
Now we know why he isn't an accountant. This stupid bas^ard doesn't think that grabbing over helf of the profits of those companies has nothing to do with their bottom line. This is most incredibly stupid statement I have ever heard a lawyer make, and I've heard some real boners. The guys is obviously in need of a dose change in his medications.

100% true, These tort lawyers just piss me off

This guy has the *&!@# nerve to compare himself to what he and other bottom feeding scum suckers do to ligitamate companies. Companies that produce products & services that people want and in the process create jobs and make society better, What the hell did this guy ever produce or create besides wealth for himself at the expense of others.

He's a freakin parasite and I only hope the Republicans follow through and give us real tort reform and shut some of these &^@# bloodsuckers down.

14 posted on 04/10/2003 6:33:42 PM PDT by qam1 (Upstate New York secede from Downstate Now!!)
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To: sarcasm
"Is there any cap on the profits of the tobacco industry?"

No, Coale, you idiot! The tobacco industry doesn't get to sue other people for a living!

15 posted on 04/10/2003 8:33:16 PM PDT by nightdriver (^)
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To: sarcasm
I woul love to bust a cap into a tabacco laywer; where do I sign up??
16 posted on 04/10/2003 8:36:13 PM PDT by Porterville (Screw the grammar, full posting ahead.)
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To: Pearls Before Swine
Much as I hate these cigarette ambulance chasers, I hate the idea of a 200% tax even more. If the government doesn't want to pay them, there's better ways than using the tax system as a cute way to achieve that goal.

I'm also a little bit confused about how they can legislatively alter a contract ex post facto. </ lawyerese>

17 posted on 04/10/2003 10:26:30 PM PDT by Still Thinking
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To: Still Thinking
I'm also a little bit confused about how they can legislatively alter a contract ex post facto. </ lawyerese>

Yeah, that's WHY I don't like it. Retroactive laws make the whole idea of a legally regulated system laughable.

18 posted on 04/11/2003 7:00:15 AM PDT by Pearls Before Swine
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To: sarcasm
About time, but the money should go back to smokers, who paid for it in the first place.
19 posted on 04/11/2003 9:26:52 AM PDT by Great Dane
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To: Still Thinking
I'm also a little bit confused about how they can legislatively alter a contract ex post facto. </ lawyerese>

I don't think the lawyers got all the money at once. I believe the tobacco settlement payments to the states and lawyers are spread out over 25 years and the tobacco companies make a payment to both once a year. So any new taxes applied to the lawyers will be on future payments.

20 posted on 04/11/2003 1:14:36 PM PDT by qam1 (Upstate New York secede from Downstate Now!!)
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