Today's Note from a Madman
Thursday, January 6, 2005
IF WE MUST TALK ABOUT TORT REFORM...
by Noah Greenberg
If Tort Reform needs to be addressed in the United States, which I think is just another way for President “G”(lobal) “W”(arming) Bush and his Corporate Communist friends to shift the dialogue in this country away from where it ought to be, it needs a system where law suits are reviewed before they go to court.
The President’s idea is to limit jury awards against insurance companies to $250,000. He says this will somehow “magically” lower health insurance costs for all Americans.
THE PRESIDENT IS A BOLD-FACED LIAR!
(It might be the only "bold" thing he has ever done)
Many cases are brought as "nuisance" cases, designed to get a quick settlement, many times, at a cost to the US taxpayer. Keeping that in mind, we DO need to be able to allow suits with merit their day in court. We do need to hold those corporations accountable when they do something wrong. If we don't, they will trade lives for dollars at every corner. The "acceptable loss of life" will be lowered to an "unacceptable" amount.
That being said, here is MY idea of how to "fix" our system of Victims' Rights:
Law suits need to be decided by a “blind” committee (no attorneys or clients names should appear anywhere on the documents being reviewed) to determine their validity. The committee should be similar to the NYPD Civilian Complaint Review Board, which is composed of professionals and lay persons. In the case of lawsuits, there should be a panel of 1 judge or law professor, 2 lawyers and 2 lay persons (chosen in a manner similar to Jury Duty).
The panel should discuss the validity of any civil case within 2 weeks of it being filed.
The names of the plaintiffs and defendants should be blacked out, as well as that of their attorneys to eliminate any prejudices that might pre-exist. More precisely, committees in one part of the state should decide the fate of the cases in other parts of the state on a rotating basis. For example:
During the month of January 2005, Bergen County, NJ's cases will be evaluated by a committee in Salem County, NJ. During that same month, Salem County's cases might be decided by a committee in New Jersey's Hudson County. In February 2005, there would be a different county review rotation.
A case with merit should be heard within one calendar year. Since its validity has already been pre-determined, there should be no undo delay.
A case can only be re-opened for review board evaluation if new evidence is found, not for a new argument on old evidence.
A law firm of solo practitioner that has three cases thrown out by review boards in one calendar year is put on probation and has to explain themselves the state's bar. If a good explanation is not forthcoming, the firm or solo practitioner would be suspended for a pre-determined period based on the number of violations it had incurred.
"Dear Senator Boxer,
"As an American Citizen, a voter, and a registered Democrat, I thank you for your courageous challenge to the 2004 Electoral College results. You have acted to protect the democratic process in our country, and present and future generations of American voters will be forever in your debt.
In Response to RAH, RAH
OH! please do not apologize!!!! I loved everything you said!!! In fact, I totally agreed with it. I was only trying to add to the mood, then my grumpy husband criticized my good humor at OU's loss!! HAHA! It is sweet of you to offer to cheer to OSU, though! Another Okie on thie National View email list commented that she only wished OSU had lost to a "blue" state as well, when they recently LOST to Ohio. I had to agree, it is truly sad. Keep up the good work, Noah! Please see below the FIRST email response I sent to your letter. I think you might have missed it...
>>> YEA!! I live in Norman, Oklahoma and I rooted for USC too! YEA Noah
Greenberg!!! YEA Robert Scardapane!!! YEA BLUE STATES!!! YEA REAL
"Did you approve of torture?"
-Senator Arlen Specter (R-PA) to
Judge Alberto Gonzales
-Judge Alberto Gonzales, at his Senate confirmation hearing on January 6, 2005 for Attorney General
"Contrary to reports, I consider the Geneva Conventions neither obsolete nor quaint."
-Judge Alberto Gonzales, at his
Senate confirmation hearing on January 6, 2005 for Attorney General
"My judgment, this new paradigm" -- referring to the war on terrorism -- "renders obsolete Geneva's strict limitations on questioning of enemy prisoners."
-Judge Alberto Gonzales January 25th, 2000
Will the real Slim Shady... I mean Judge Alberto Gonzales please stand up... Please stand up...
"I'm Al Gonzales, I'm the real Al Gonzales... all the other Al Gonzaleses are just imitating... So will the real Al Gonzales please stand up... please stand up."
Thanks to my daughter, Bonnie Greenberg
and Marshall Mathers... er... Eminem
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