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I didn't see this posted yet.
1 posted on 02/18/2005 9:17:37 AM PST by Pyro7480
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To: Pyro7480

The Bush Effect. Screwing the lawyers is a very good move.


2 posted on 02/18/2005 9:18:27 AM PST by pissant
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To: Pyro7480
We're hearing all kind of whining from the jury shopping lawyers and their supporters but it all boils down to the fact that they got too greedy, and they know it.
3 posted on 02/18/2005 9:20:58 AM PST by Hillarys Gate Cult ("I can saw a woman in two/But you won't want to look in the box when I do" - Warren Zevon)
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To: Pyro7480

--now let's march on to protection of manufacturers of anything from frivolous suits over illegal or unsafe use of the product--


4 posted on 02/18/2005 9:22:37 AM PST by rellimpank (urban dwellers don' t understand the cultural deprivation of not being raised on a farm)
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To: Pyro7480

So does this mean the Vioxx lawyers who are advertising all over the place on TV saying "have you been harmed by Vioxx, call us now as you may be entitled to a monetary award".

And lawsuits such as these are now banned from getting more than a certain amount, right? In other words they can sue but the award is capped.


5 posted on 02/18/2005 9:22:57 AM PST by stopem (Support the troops yellow ribbon purse-key-holders.)
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To: Pyro7480

Got a notice last month.

I am a plaintiff in a case involving supposed overcharges by American Express. I get $3.00. The lawyers got 8 million.

Screw-um.


6 posted on 02/18/2005 9:23:35 AM PST by MindBender26 (Having your own XM177 E2 means never having to say you are sorry......)
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To: Pyro7480; Miss Marple; Howlin; MeekOneGOP; Molly Pitcher; GretchenM; kayak; kitkat
To those who say there is NO difference between President Bush and a Dem..........NEENER NEENER NEENER!!

I LOVE this!

7 posted on 02/18/2005 9:24:39 AM PST by ohioWfan (George W. Bush........AVENGER of the BONES!!)
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To: Pyro7480

I'm not sure I understand how this will curb class-action suits. Are the federal courts automatically tougher on plaintiffs?


10 posted on 02/18/2005 9:27:50 AM PST by TChris (Most people's capability for inference is severely overestimated)
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To: Pyro7480; wardaddy; Dog Gone; Grampa Dave; SAJ; jmstein7; kristinn; Congressman Billybob; Howlin

That's beautiful! Tort reform, baby!

President Bush - First 48 Months

Presidency of George W. Bush -- the first 48 months

 


President Bush signing a federal ban on Partial Birth Abortion

Banned Partial Birth Abortion

Reversed Clinton's move to strike Reagan's anti-abortion Mexico Policy

Stopped foreign aid that would be used to fund abortions.

Supported and upheld the ban on abortions at military hospitals

Signed E.O. reversing Clinton's policy of not requiring parental consent for abortions under the Medical Privacy Act

Killed the Kyoto Global Warming Treaty

Killed U.S. involvement in the International Criminal Court

Killed Clinton's CO2 rules that were choking off all of the electricity surplus to California

Killed Clinton's "ergonomic" rules that OSHA was about to implement; rules that would have shut down every home business in America


First Missile is Installed For NMD on July 23, 2004

Killed the U.S. - CCCP ABM Treaty that was preventing the U.S. from deploying our ABM defenses


Has CONSTRUCTION in process on the first ten ABM silos in Alaska and California so that America has a defense against North Korean nukes

The Commercial Space Launch Amendments Act (less romantically known as H.R. 5382) ultimately allows average Americans to hitch a ride on a civilian space craft at their own risk. The federal ban on such citizen travel was repealed by HR 5382 in 2004. The President signed that bill into law two days before Christmas.

President Bush pledged to Israel on 4/14/2004 that it could keep parts of the West Bank, giving international legitimacy to Jewish settlements there

Denied Palestinian refugees any right of return to what is now Israel, saying they should be resettled in a future Palestinian state instead

Part of coalition (Russia, Israel, EU, Palestine, USA) for Israeli/Palestinian "Roadmap to Peace"

Pushed through THREE raises for our military

Increased Defense Dept funding which had deteriorated during the previous 8 years

President Bush's Grand Strategy (click here)

President Bush's Environmental Record - 2004 (click here)

Signed TWO bills into law that arm our pilots with handguns in the cockpit

Currently pushing for full immunity from lawsuits for our national gun manufacturers

Ordered Attorney-General Ashcroft to formally notify the Supreme Court that the OFFICIAL U.S. government position on the 2nd Amendment is that it supports INDIVIDUAL rights to own firearms, NOT a leftist-imagined *collective* right


Told the United Nations we weren't interested in their plans for gun control (i.e. the International Ban on Small Arms Trafficking Treaty)

Signed the 2004 Omnibus Budget 1/26/2004 that now MANDATES that gun buyers' background check information be fully and permanently destroyed within 24 hours of the completion of the check, no matter what.

Repealed Gun Controls Against Active, Retired, and Off-Duty Law Enforcement Personnel Carrying Weapons Into Local and State Prohibited Zones (7/28/2004)

Enacted powerful tort reform legislation that moves many class action lawsuits from state to federal courts. Requires federal courts to hear cases where the amount of the dispute is more than $5 million, and when the defendant and any of the plaintiffs live in different states.


Disarmed Libya of its Chemical, Nuclear, and biological WMD's without bribes or bloodshed

Won an agreement that U.S. Navy sailors may now freely board thousands of commercial ships in international waters to search for weapons of mass destruction under a landmark pact between the United States and Liberia, the world's No. 2 shipping registry (signed Feb 11, 2004), and Panama 5/10/2004 http://www.nytimes.com/2004/05/11/international/americas/11ship.html).

Successfully executed 2 wars and rebuilt 2 nations: Afghanistan and Iraq. 50+ million people who had lived under tyrannical regimes now live in freedom...epitomized by their own free and democratic elections.

Provided Billions in aid, machines, and manpower to tsunami victims.

 

Executed a WAR ON TERROR by getting world-wide cooperation to track funds/terrorists (has cut off much of the terrorist's funding and captured or killed many key leaders of the al Qaeda network)

Bush Administration diplomacy led to the 5/25/2004 peace accord that ended a massive 20-year civil war between Sudan's Islamic north and Christian south after two million deaths Click Here

  Delivered vital emergency aid to millions of survivors on multiple continents (e.g. Africa, SE Asia) of a devastating Tsunami caused by a 9.1 earthwuake near Sumatra.

Brought back our EP-3 intel plane and crew from China without any bribes or bloodshed

Started withdrawing our troops from Bosnia and has announced withdrawal of our troops from Germany and the Korean DMZ.

Signed the LARGEST nuclear arms reduction in world history with Russia

Initiated comprehensive review of our military, which was completed just prior to 9/11/01, accurately reported that ASYMMETRICAL WARFARE was critical.
Created NATO's Rapid Response Force

Changed the tone in the White House, restoring HONOR and DIGNITY to the Presidency

Reorganized bureaucracy...after 9/11, condensed 20+ overlapping agencies and their intelligence sectors into one agency: the Department of Homeland Security.

Initiated discussion on privatizing Social Security and individual investment accounts.

Improving govt. efficiency with .8 million jobs put up for bid...weakening unions and cutting undeserved pay raises. Wants merit based promotions/raises only.

Orchestrated Republican control of the White House, the House AND the Senate.

Killed the liberal ABA's role in vetting federal judges for Congress.

GWB signed an executive order enforcing the Supreme Court's Beck decision (re: union dues being used for political campaigns against individual's wishes)

Turned around an inherited economy that was in recession.

Passed tough new laws to hold corporate criminals to account as a result of corporate scandals.

Signed 2 income tax cuts ---- 1 of which was the largest Dollar-value tax cut in world history

Reduced taxes on dividends and capital gains

In process of eliminating IRS marriage penalty.

Increased small business incentives to expand and to hire new people

Eliminated the Estate Tax (AKA "Death Tax") that was taking small farms and businesses from families


Signed into law the No Child Left Behind legislation delivering the most dramatic education reforms in a generation (challenging the soft bigotry of low expectations)

Reorganized the INS in an attempt to safeguard the borders and ports of America and to eliminate bureaucratic redundancies and lack of accountability.

Signed trade promotion authority

Committed US funds to purchase medicine for millions of men and women and children now suffering with AIDS in Africa

Passed Medicare Reform (authorized $39.5 Billion per year for preventive medicine such as drugs and doctor visits as well as included a ten year Privatization option)

Urging federal liability reform to eliminate frivolous lawsuits

Supports class action reform bill which limits lawyer fees so that more settlement money goes to victims


Submitted comprehensive Energy Plan--awaits Congressional action (works to develop cleaner technology, produce more natural gas here at home, make America less dependent on foreign sources of energy, improve national grid, etc.)

Endorses and promotes The Responsibility Era ("In a compassionate society, people respect one another and take responsibility for the decisions they make in life. My hope is to change the culture from one that has said, if it feels good, do it; if you've got a problem, blame somebody else -- to one in which every single American understands that he or she are responsible for the decisions that you make; you're responsible for loving your children with all your heart and all your soul; you're responsible for being involved with the quality of the education of your children; you're responsible for making sure the community in which you live is safe; you're responsible for loving your neighbor, just like you would like to be loved yourself. " -----this quote was too good to leave out)

Started the USA Freedom Corps

Initiated review of all federal agencies with a goal to eliminate federal jobs (completed September 2003) in an effort to reduce the size of federal gov while increasing private sector jobs.

Challenged the United Nations to live up to their responsibilities and not become The League of Nations ( in other words, completely irrelevant)

Nominated strong, conservative judges to the judiciary.


President Bush opened up an additional part of Alaska for domestic oil drilling. In 2004, the National Petroleum Reserve, an area west of the existing Prudhoe Bay field, was approved for new energy exploration and production.

Increased U.S. Oil Drilling Permits 70% Above Clinton-era

Changed parts of the Forestry Management Act to allow necessary clean-up of the national forests in order to reduce fire danger.

As part of the national forests clean-up, the President restricted judicial challenges (based on the Endangered Species Act and other challenges) and removed the need for an EIS (Environmental Impact Statement) before removing fuels/logging to reduce fire danger.
New Forest Rules Gives States Power Over Federal Forests Inside Their Borders
Significantly eased field-testing controls of genetically engineered crops.

President Bush signed the workplace verification bill to prevent hiring of illegal Aliens
S. 1685, the Basic Pilot Extension Act of 2003, was signed by President Bush on December 3, 2003.
It extends for five years the workplace employment eligibility authorization pilot programs created in 1996. It expands the pilot programs from the original five states to all 50 states.


U.S. Forces In Baghdad

12 posted on 02/18/2005 9:31:21 AM PST by Southack (Media Bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
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To: Pyro7480
This hurts in Michigan where the state courts are a lot tougher.

The good news is that this cuts down on judge shopping. The gun grabbers were suing in Brooklyn for a reason.

13 posted on 02/18/2005 9:31:29 AM PST by Dan from Michigan ("It's easy to hide behind a microphone, son" - Coach Mike Ditka)
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To: Pyro7480
How's this to balance the budget: Seventy percent of all punitive damages (not the compensatory damages) go back into the court system or to the federal government to balance the budget.

The bad guys still get hurt, the victims still get compensated, the budget goes into the black, and the lawyers get screwed.

TS

16 posted on 02/18/2005 9:35:04 AM PST by Tanniker Smith (I didn't know she was a liberal when I married her.)
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To: Pyro7480

And the crack on the liberal world grows yet larger! Hoorah!


22 posted on 02/18/2005 9:42:50 AM PST by Fledermaus (I Googled "Democrat+Sane" and got no hits.)
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To: Pyro7480

The Dems are still howling about the "Serious Election Irregularities" in 2004. Seems like this bill would have casued more howling from the crowd that deigns personal responsibility.

I haven't heard them moan a peep about this - which makes me think it won't amount to much..


24 posted on 02/18/2005 9:46:48 AM PST by IamConservative (To worry is to misuse your imagination.)
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To: Pyro7480

It's really too bad that they quoted an opponent (from what might be called a 'special-interest group')as to why this is bad -- but the administration doesn't bother to tell us why it is good. (Either that, or the 'reporter' didn't bother to tell us so.) This is a VERY important development.


28 posted on 02/18/2005 10:00:48 AM PST by Shazolene
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To: Pyro7480
What was wrong with a justified lawsuit settlement of say $4000000.23


The $40000000.00 goes to the lawyers and the .023 cents goes to the victim.


This will put a major crimp in DNC funding, gotta love it!
29 posted on 02/18/2005 10:02:18 AM PST by TheForceOfOne (Social Security – I thought pyramid schemes were illegal!)
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To: Pyro7480

Some of the class-action lawyers become so rich that they buy mansions in gated communities where you and I are not allowed. At the same time, some companies which they sued have had to lay off workers and cut back on production, which means less people working and paying taxes. It hurts us all.


35 posted on 02/18/2005 10:57:56 AM PST by kitkat (Our Founding Fathers are PROUD of Pres. George W. Bush)
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To: Pyro7480

LOL, I just had a lawyer in my office whining about this! He was going on and on about how the drug companies won't care who they hurt and kill with poorly researched drugs now because they don't have to worry about big lawsuits. They can blame their own greed for this bill.


38 posted on 02/18/2005 11:44:36 AM PST by Reagan is King (The modern definition of 'racist' is someone who is winning an argument with a liberal.)
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To: Pyro7480

This really is a good piece of legislation. It finally brings the law more into line with the primary purpose of the provision for federal "diversity" jurisdiction (i.e., federal court jurisdiction of suits between citizens of different states) provided by the Constitution.

One of the real reasons the plaintiffs' lawyers are p.o.'d is that the legislation also limits their fees in so-called "coupon" settlements to a percentage of the coupons actually redeemed.

In other words, if a lawyer brings a class action against Acme Puppy Chow for allegedly false claims as to the benefits of the product and then negotiates a settlement whereby ten million customers get a coupon for $5 off their next Puppy Chow purchase, the lawyer's fee is now calculated based on the coupons actually redeemed, rather than those just sent out. Often only a small percentage, say 10%, of members of the plaintiff class actually redeem the coupons. In the Puppy Chow case, this means only $5 million is ever paid to the class. However, under the old rule, the attorney's fees would often be calculated on the $50 million "value" of the total number of issued coupons. Assuming a fee of 25%, the attorney under the old practice would have gotten $12.5 million (25% of $50 million -- the total value of the coupons issued). Under the new law, the lawyer's fee is now calculated based on what is actually paid out (or projected to be paid out)--in our scenario, he gets 25% of $5 million, or $1.25 million.

Not chump change, but not enough to support a private jet (which is the defining toy for these guys).

The statement of purpose of the law is set forth below in case anyone is interested.




SEC. 2. FINDINGS AND PURPOSES.

(a) FINDINGS- Congress finds the following:

(1) Class action lawsuits are an important and valuable part of the legal system when they permit the fair and efficient resolution of legitimate claims of numerous parties by allowing the claims to be aggregated into a single action against a defendant that has allegedly caused harm.

(2) Over the past decade, there have been abuses of the class action device that have--

(A) harmed class members with legitimate claims and defendants that have acted responsibly;

(B) adversely affected interstate commerce; and

(C) undermined public respect for our judicial system.

(3) Class members often receive little or no benefit from class actions, and are sometimes harmed, such as where--

(A) counsel are awarded large fees, while leaving class members with coupons or other awards of little or no value;

(B) unjustified awards are made to certain plaintiffs at the expense of other class members; and

(C) confusing notices are published that prevent class members from being able to fully understand and effectively exercise their rights.

(4) Abuses in class actions undermine the national judicial system, the free flow of interstate commerce, and the concept of diversity jurisdiction as intended by the framers of the United States Constitution, in that State and local courts are--

(A) keeping cases of national importance out of Federal court;

(B) sometimes acting in ways that demonstrate bias against out-of-State defendants; and

(C) making judgments that impose their view of the law on other States and bind the rights of the residents of those States.

(b) PURPOSES- The purposes of this Act are to--

(1) assure fair and prompt recoveries for class members with legitimate claims;

(2) restore the intent of the framers of the United States Constitution by providing for Federal court consideration of interstate cases of national importance under diversity jurisdiction; and

(3) benefit society by encouraging innovation and lowering consumer prices.


43 posted on 02/18/2005 1:47:51 PM PST by mondonico (Peace through Superior Firepower)
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To: Pyro7480

bump


51 posted on 02/18/2005 5:39:56 PM PST by satchmodog9 (Murder and weather are our only news)
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To: Pyro7480

I was there in the East Wing of the White House for the signing ceremony yesterday. Very cool. I started working on this issue almost 13 years ago for W's father's '92 campaign, so it is good to finally have some closure on it!


54 posted on 02/19/2005 8:45:29 AM PST by ReagansRaiders
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To: Pyro7480

I don't agree with the medical caps, but I like this bill.

Class action suits only make attorneys rich. It's about time they stopped this nonsense.

Each case should be tired on it's own merits.


55 posted on 02/20/2005 4:37:13 PM PST by FR_addict
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