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Dustlawyer

(10,495 posts)
145. There has been tort reform in one form or another all over the country.
Mon Jan 25, 2016, 01:00 PM
Jan 2016

Texas went for it in a big way with Citizens (corporations and Plutocrats) Against Lawsuit Abuse leading the charge. Bob Perry, a billionaire home builder even got the legislature to create an agency to end suits against homebuilders. It was expensive to make a claim that went before their stacked arbitration board, which was filled with representatives of big residential construction companies. After several years without anyone being able to recover for shoddy construction there was enough blow back to end the agency.

Texas is so draconian on medical malpractice that TPTB want to make it go national. Imagine a drunk doctor that kills an expectant mother and renders the child a quadriplegic and mentally deficient (real case). The most that could be recovered was the medical and $250,000 for pain, suffering, and mental anguish. Its probably a blessing that the child has no idea what he lost due to this doctor whom everyone that worked with him knew of his problem. Experts on the case are expensive as is depositions and other case expenses, all of which come out of the recovery. They made it financially impossible for attorneys to take most malpractice cases.

The big selling point was all of the "frivolous" cases we attorneys file needed to be stopped. The problem with this is that we try very hard not to sign up "frivolous" cases. We only get paid if there is a recovery. We spend our time and money on the cases we take, and it is hard to get paid on good cases, much less frivolous ones! Besides, the judges throw out cases without merit, its called Summary Judgment.

The other thing that they used with the help of the corporate media was the McDonalds Coffee Case. The media made it seem like a lady spilled coffee on herself and won a jackpot verdict. They failed to mention that Mickey D's raised the temp on their coffee to get more coffee per bean and have it stay fresh longer. They were settling confidentially with others who were burned and still making big increased profits. Ms. Stella Liebeck lost her Labia and Clitoris, and almost lost her life. She was awarded 1 day of McDonald's coffee sales, $2 million, which the judge remitted to $900,000 as he thought 2 million was excessive for a clit and labia. McDonalds lowered the temp on the coffee and the system worked.

I've noticed that Bernie fans have gotten into mind-reading lately. Very entertaining. DanTex Jan 2016 #1
It's mind-bending they're attempting. OP, Hortensis Jan 2016 #5
Evidence? Look at her corporate sponsors. Why would she go against all that money? Feeling the Bern Jan 2016 #122
Just because you don't have the discipline to go against money doesn't me she doesn't kjones Jan 2016 #168
I have absolutely no idea what you are talking about. I am not running for office saying I will Feeling the Bern Jan 2016 #169
"Why would she go against all that money?" kjones Jan 2016 #170
Please proceed...since you've lumped us all into a psychic activity. Or is it just rhetoric... libdem4life Jan 2016 #8
Yes, it's a psychic activity. There are Clinton supporters on this board, you could just DanTex Jan 2016 #12
I didn't realize it was partisan...I thought we were talking reality. Oh, well, yet again. libdem4life Jan 2016 #19
You don't need to consult anyone. It's an open forum. You can do mind-reading DanTex Jan 2016 #24
Sorry, I mistook the "you could just ask us" as an invitation to consult/ask????? libdem4life Jan 2016 #28
If. Yyou don't want sinngle-payer, please explain why you don't want it. JDPriestly Jan 2016 #60
In theory, I think it's fine. Maybe even the best system. DanTex Jan 2016 #66
I think that we are talking about the same thing and calling it different names. JDPriestly Jan 2016 #100
Single Payer enid602 Jan 2016 #130
There is no "Carte Blanche" to sue for bad medical outcomes, or even malpractice. Dustlawyer Jan 2016 #131
tort reform enid602 Jan 2016 #134
There has been tort reform in one form or another all over the country. Dustlawyer Jan 2016 #145
Health INSURANCE IS NOT HEALTH CARE!!!!!! weknowvino2 Jan 2016 #140
This^ AlbertCat Jan 2016 #149
OK, but "single payer" also has a specific definition, which means that there's only one DanTex Jan 2016 #132
The GOP did not have single payer doctors and nurses arrested at a hearing nationalize the fed Jan 2016 #121
+1 snort Jan 2016 #148
I believe the title of the piece contained the word 'crony': sulphurdunn Jan 2016 #68
This is what I got from the OP as well... ut oh Jan 2016 #127
Are you one of Hillary's cronies? passiveporcupine Jan 2016 #36
I thought you were a supporter, not a cronie........I stand corrected. eom zalinda Jan 2016 #86
The OP did not say anything about supporters Lordquinton Jan 2016 #101
It's not YOUR money that is concerning LiberalLovinLug Jan 2016 #164
Following the money is mind-reading now? Odin2005 Jan 2016 #13
The OP is trying to read the minds of Hillary supporters. It is entertaining. DanTex Jan 2016 #16
It's quite easy to read the minds of her REAL (that is, corporate) supporters. Odin2005 Jan 2016 #17
Well, at least you admit you're mind-reading. I was right! DanTex Jan 2016 #18
Good lawd this is a dense thread. The poster knows of what he speaks, as do I. libdem4life Jan 2016 #22
You don't need a tarot card to see which way the wind blows. Hassin Bin Sober Jan 2016 #48
Or a wet finger to watch hows the turds flow nolabels Jan 2016 #89
I don't see the word supporters in the OP passiveporcupine Jan 2016 #38
Of course not. That would be way too civil. Bernie has "supporters", Hillary has "cronies". DanTex Jan 2016 #40
I think you misread the op passiveporcupine Jan 2016 #41
So I guess that makes people like Ben and Jerry Bernie's cronies? DanTex Jan 2016 #45
Of course cronies (like Ben and Jerry) are going to be supporters too passiveporcupine Jan 2016 #46
The OP claims to know what other people think. Mind reading. DanTex Jan 2016 #47
And you are mind reading by assuming croneis means all supporters passiveporcupine Jan 2016 #49
Yes, we all have opinions. DanTex Jan 2016 #51
Fact, single payer is going nowhere? Now who's playing with tarot cards? passiveporcupine Jan 2016 #53
Please. How many votes does it get? Even 20 in the Senate? 15? 10? DanTex Jan 2016 #54
Yes, wealth does not always correlate to greed passiveporcupine Jan 2016 #62
I agree with most of that -- it will be hard for anyone to get stuff passed. DanTex Jan 2016 #63
Because many of them are capitalist centrists, and it is about wealth for them passiveporcupine Jan 2016 #65
OK, Bill Gates. I don't know his politics in detail, but its a little silly to say that he's DanTex Jan 2016 #67
Seriously? passiveporcupine Jan 2016 #69
Yes, seriously. You think he opposes single payer because his investments would lose money? DanTex Jan 2016 #71
He probably does not oppose single payer passiveporcupine Jan 2016 #73
While I think the OP may be right about many people in the system passiveporcupine Jan 2016 #76
I don't think you understand how democracy works. zeemike Jan 2016 #85
Please explain your reasoning here Lordquinton Jan 2016 #102
huge bernie supporter here questionseverything Jan 2016 #157
Now who is a mind reader? n/t passiveporcupine Jan 2016 #43
Those who can't think for themselves whopis01 Jan 2016 #151
This message was self-deleted by its author highprincipleswork Jan 2016 #35
Here's something that isn't mind-reading. It's something that bears remembering. highprincipleswork Jan 2016 #39
I really don't think that making an inference sulphurdunn Jan 2016 #61
Why not? rock Jan 2016 #75
Two minutes hootinholler Jan 2016 #83
why would Hillary support her donors? You'd have to be some sort of mind-reader to guess that. virtualobserver Jan 2016 #147
! Phlem Jan 2016 #167
Just look at the number of RECS! Matariki Feb 2016 #175
gotta keep those bloodsucking insurance companies rich. restorefreedom Jan 2016 #2
Spot On - The Oligarchs, Corporations And Banks Are Motivated By - Only Profit cantbeserious Jan 2016 #3
Bernie Sanders was not successful in getting his bill through committees Thinkingabout Jan 2016 #4
NO WE CAN'T! NO WE CAN'T! Odin2005 Jan 2016 #15
This is necessary, Hillary has done fund raising for down ticket Thinkingabout Jan 2016 #25
Down ticket Dino Marty McGraw Jan 2016 #84
Do you have a better method of funding candidates which will Thinkingabout Jan 2016 #92
Funding from Where? Marty McGraw Jan 2016 #95
Guess that answers my question. Thinkingabout Jan 2016 #96
Glad I could help Marty McGraw Jan 2016 #97
Do you have anything to add...like how it should have been written, et al, or just that if libdem4life Jan 2016 #26
You are totally off base. Thinkingabout Jan 2016 #27
Well now, that's a well-thought out response. Thanks. libdem4life Jan 2016 #29
Of course not. They're all corporatists and conservatives. Broward Jan 2016 #6
That's like Trump saying he will get Mexico to pay for the wall. Renew Deal Jan 2016 #7
Always nice to hear from... 99Forever Jan 2016 #23
Remember the term, "Vichy Dems?" Fawke Em Jan 2016 #34
Ahh yes. 99Forever Jan 2016 #44
But but Paulie Jan 2016 #55
Their powder dry and their wallets full. 99Forever Jan 2016 #56
It is the best term ever! Enthusiast Jan 2016 #91
Thanks for that response Renew Deal Jan 2016 #142
Yeah. Ponies and unicorns. 99Forever Jan 2016 #155
Still no plan. Still no scenario Renew Deal Jan 2016 #159
Still babbling the same old tired, Hillarian meme of the day. 99Forever Jan 2016 #160
The Bloomberg announcement is proof enough for me farleftlib Jan 2016 #9
Yep THat's the Problem. Ferd Berfel Jan 2016 #10
The Healthcare Industry is filthy rich and flush with money to buy poliricians. Odin2005 Jan 2016 #11
Here are some stats. There are more if the hits keep on coming. I'm sick (ooops) of this. libdem4life Jan 2016 #14
Truer words were never spoken. 99Forever Jan 2016 #20
Bingo! 840high Jan 2016 #94
K&R nt Live and Learn Jan 2016 #21
that's certainly a good part of it--they don't want to disrupt the system that much to try to get SP Fast Walker 52 Jan 2016 #30
"Hillary Clinton’s Single-Payer Pivot Greased By Millions in Industry Speech Fees" m-lekktor Jan 2016 #31
Huge +1! Enthusiast Jan 2016 #93
What is it with people who think this is fine? I really don't get it. Cheese Sandwich Jan 2016 #99
it's like with Libya/Syria/Iran--it's not that she repeatedly fudged everything by being clever MisterP Jan 2016 #32
I don't think they are against it as it is that they have not figured out how to monetize it yet. LiberalArkie Jan 2016 #33
Union members have had to give up wages to keep health insurance bread_and_roses Jan 2016 #133
The ENTIRE medical delivery system needs rebuilt and redesigned nolabels Jan 2016 #135
Balderdash! hrmjustin Jan 2016 #37
correct... Triana Jan 2016 #42
So what's the plan? redstateblues Jan 2016 #50
Are you concerned democrats in congress would abelenkpe Jan 2016 #77
Ben Carson could perform a public service. Fuddnik Jan 2016 #124
K&R CharlotteVale Jan 2016 #52
Wrong. I, and many others, saw what happened to the public option, pnwmom Jan 2016 #57
It's Sanders' fault that the Dems were too fucking stupid to rely on regular-- eridani Jan 2016 #103
The Dems didn't have a chance once Ted Kennedy died. Once he died, pnwmom Jan 2016 #105
So that has exaclty what to do with the fact that single payer advocates were not eridani Jan 2016 #107
And what difference would their testifying have made? We would still have been facing pnwmom Jan 2016 #108
Ever hear of making a case with the public? eridani Jan 2016 #109
It wouldn't have changed a single Rethug vote. They announced within a few weeks pnwmom Jan 2016 #110
So? When Repukes are a minority, they never quit asking for what they want at top volume eridani Jan 2016 #111
I happen to think that's a dumb tactic that we don't need to ape. pnwmom Jan 2016 #112
It's such a dumb tactic tht they control both houses of congress eridani Jan 2016 #113
And our tactics won, not theirs. I don't think it's wrong to strongly support pnwmom Jan 2016 #114
If they lost, why are they in control of congress? eridani Jan 2016 #115
the good house bill (with the public option) questionseverything Jan 2016 #158
NO WE CAN'T! NO WE CAN'T! Lordquinton Jan 2016 #104
Hope and change! Hope and change! Ironically, I am not among those pnwmom Jan 2016 #106
OK, so now it's that we'll be less disappointed that Hillary won't be able to pass anything? Lordquinton Jan 2016 #116
Hillary demonstrated she's better at working with Congress than Bernie, pnwmom Jan 2016 #117
Bernie can work across the aisle Lordquinton Jan 2016 #118
Who has he worked with across the aisle? The NRA? n/t pnwmom Jan 2016 #119
Nope, never the NRA, which you full well know Lordquinton Jan 2016 #120
He took the NRAs position against the Brady bill and for the PCLAA, as you well know. n/t pnwmom Jan 2016 #123
Nope, keep repeating it, maybe it'll be true. Lordquinton Jan 2016 #125
His NRA ranking changes from year to year. They were happier with him pnwmom Jan 2016 #126
No matter how it gets, deathrind Jan 2016 #58
Hillary HAS AN ANSWER as to what it will mean for her to be president, besides the first woman! Warren DeMontague Jan 2016 #59
90+% of her policies, the few she has bothered to set out, hifiguy Jan 2016 #80
This message was self-deleted by its author Corruption Inc Jan 2016 #64
Could say the same about not wanting to get abelenkpe Jan 2016 #70
Now people are just making shit up uponit7771 Jan 2016 #72
They don't want a Liberal to solve it... Spitfire of ATJ Jan 2016 #74
Kicked and recommended. Uncle Joe Jan 2016 #78
HRH raked in lots of dough from the insurance companies hifiguy Jan 2016 #79
We got it passed. It's available. So far no takers. ucrdem Jan 2016 #81
This is Marty McGraw Jan 2016 #98
This thread, and one's like it are starting to really bum me out. Adrahil Jan 2016 #82
No Changes = More Money in their Pockets SoapBox Jan 2016 #87
Why are people calline Hillary a crone? Hoppy Jan 2016 #88
Kicked and recommended! Enthusiast Jan 2016 #90
Speaking of BlueMTexpat Jan 2016 #128
An anonymous person chervilant Jan 2016 #150
And it is the same game when it comes to trade, war and our climate. raouldukelives Jan 2016 #129
No--it IS that everyone KNOWS Sanders can't pass single payer. Except Bernie fans. nt MADem Jan 2016 #136
Fair enough. Show me a potential roll call vote. Amimnoch Jan 2016 #137
This is a really good post. It is fair to ask how each candidate would be KingCharlemagne Jan 2016 #138
I shouldn't have said lied. Amimnoch Jan 2016 #143
No worries. I've certainly hurled my share of invective at KingCharlemagne Jan 2016 #144
Well said! n/t Spazito Jan 2016 #146
+1000 blackspade Jan 2016 #139
Well, I'm a Hillary supporter, and I want single-payer to be how MineralMan Jan 2016 #141
That's the same exact rhetorical bull you used to serve about marriage equality for it but pragmatic Bluenorthwest Jan 2016 #152
And yet, I worked to pass a marriage equality law here in Minnesota. MineralMan Jan 2016 #154
Just to point out, marriage equality didn't happen legislatively. Amimnoch Jan 2016 #161
Unfair and untrue. lark Jan 2016 #153
No she didn't - not single payer. Jarqui Feb 2016 #176
I saw her speech from back then on MSNBC just last week. lark Feb 2016 #180
She was for universal in the 1990s, 2008 and she is now Jarqui Feb 2016 #181
Thanks! Faux pas Jan 2016 #156
Wow! Plucketeer Jan 2016 #162
Hillary was for Single Payer before she was Cheap_Trick Jan 2016 #163
Nope Jarqui Feb 2016 #178
you realize that Hillary tried to do that in the 90s and get destroyed by the stupid MariaThinks Jan 2016 #165
no, Bernie can't get anything passed. He's burned too many bridges Sheepshank Jan 2016 #166
exactly amborin Feb 2016 #171
Exactly. Ferd Berfel Feb 2016 #172
THANK YOU! in_cog_ni_to Feb 2016 #173
$13 million or whatever it was into HRH's pocket hifiguy Feb 2016 #174
K&R The River Feb 2016 #177
Insurance companies are part of Clinton's base. She will have their back when we come after them. arcane1 Feb 2016 #179
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