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To: KevinB
Most of the lawsuits he mentions went nowhere;

Yep! Nowhere but the courthouse and costs were incurred. I won't stop either until we make those responsible PAY dearly for frivilious filings.

In a majority of states, contributory negligence is the rule. This means that if a plaintiff is found to be even 1% responsible for his damages, he/she gets nothing.

Perhaps this is true in most states but certianly not ALL of them.

Recent rule changes have actually, in theory at least, made it more, not less, difficult for lawyers to bring frivolous lawsuits.

GOOD!!! Not a moment to soon either. Broadened discovery rules make the litigation process more, not less, fair to all litigants. Shouldn't a defendant in a slip and fall case be able to discover whether the plaintiff had had treatment for a previous neck injury

ABSOLUTELY!!! If you want to blame someone, blame judges (for not granting sanctions in more cases) and juries (for making ridiculous awards), not lawyers.

I'm sorry, but to most lay people the distinction between judges and lawyers gets lost in the shuffle.

I know it's good sport to bash the legal profession, but I can honestly tell you after twenty years of law practice that 90% of lawyers work hard to hold themselves to a higher standard.

Yep! And, as has been previously said here I believe, the other 10% give the rest of you a bad name.

26 posted on 03/23/2004 4:34:07 PM PST by Bigun (IRSsucks@getridof it.com)
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To: Bigun
Yep! Nowhere but the courthouse and costs were incurred. I won't stop either until we make those responsible PAY dearly for frivilious filings.

The rules are in place. The judges need to enforce them.

Perhaps this is true in most states but certainly not ALL of them.

Correct, but those states use comparative negligence. This means that the parties bear the damages based on their own degree of negligence. If the defendant is negligent but the plaintiff is deemed to be equally negligent, the plaintiff only gets half. Seems fair to me.

I'm sorry, but to most lay people the distinction between judges and lawyers gets lost in the shuffle.

No surprise there - all forms of prejudice are based on ignorance.

And, as has been previously said here I believe, the other 10% give the rest of you a bad name.

On that we can agree.

33 posted on 03/23/2004 4:50:33 PM PST by KevinB
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