Posted on 01/21/2024 4:00:41 PM PST by CFW
If you want to seek a redress of some grievance, most people start with a lawsuit. This is partially responsible for the fact that in 2023 there are 1.33 million attorneys in America and only 1.08 million doctors. What happens when people figure out how to use these lawsuits not just for a redress of grievance but to attack others?
Take, for example, the case of Acheson Hotels, LLC v. Laufer. In this case, Acheson Hotels claims that Deborah Laufer filed a lawsuit against them not because she was harmed by their hotel but because she is an activist using the Americans with Disability Act to harass companies who do not advertise whether or not they have handicapped-accessible rooms. While the Supreme Court found that the case was moot, both the facts of the case and the court’s decision point to what appears to be a case of Ms. Laufer using lawsuits for both revenge and profit.
Standing
The fundamental question the Supreme Court was asked to decide in Acheson Hotels, LLC v. Laufer was standing. Did Ms. Laufer have standing to sue Acheson Hotels? The Free Legal Dictionary defines standing as:
Standing sometimes referred to as standing to sue, is the name of the federal law doctrine that focuses on whether a prospective plaintiff can show that some personal legal interest has been invaded by the defendant. It is not enough that a person is merely interested as a member of the general public in the resolution of the dispute. The person must have a personal stake in the outcome of the controversy.
(Excerpt) Read more at americaoutloud.news ...
Please tell me, when was the last time a doctor got 40 or 50 percent of 60 million dollar settlement?
I’ll wait!
Doctor: You may feel a little prick.
Lawyer: You may NOT feel a little prick.
I recently had a lawyer contact me related to an extremely minor bumber tap on his client’s trashed car that couldn’t be worth more than $500, on a good day.
I called the lawyer’s office and talked to her for a out 30 minutes. Her main goal was to get the name of my insurance company. Told her I wasn’t required to give her that info and I would handle my side of the case.
Told her if she attempted to find and contact my insurance company, I’d sue her and her firm for tortious interference with a business relation ship.
Also told her if she sued me, discovery would be a real bitch, and would cost her firm over $100k before I was done with my demands. Also told her a trial wouldn’t begin for at least five years.
That was three months the ago and I’m sure she will find something else. She also didn’t like my suggestion that I would file a bar complaint against her.
I’ve been told by a few state supreme court judges that I am an excellent legal researcher.
Until 1977, it was illegal for lawyers to advertise their services. Then came Bates v. State Bar of Arizona, in which SCOTUS ruled this was a violation of shyster’s 1st Amendment rights.
After Bates v. State Bar of Arizona, the number pf personal injury shysters working in Amercia increased SIX FOLD compared to the per-capita rate before the SCOTUS ruling. And America became the Land of the Not So Free, Home of the Litigious.
Which is why America and American industry desperately needs Tort Reform: Loser Pays.
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