Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP
Posting-Version: version B 2.10.1 6/24/83; site sphinx.UChicago.UUCP
Path: utzoo!watmath!clyde!burl!ulysses!mhuxr!mhuxt!houxm!ihnp4!gargoyle!sphinx!mmar
From: mmar@sphinx.UChicago.UUCP (Mitchell Marks)
Newsgroups: net.legal,net.flame
Subject: Re: Liability Lawsuits Getting Out of Hand
Message-ID: <900@sphinx.UChicago.UUCP>
Date: Sat, 27-Jul-85 04:28:19 EDT
Article-I.D.: sphinx.900
Posted: Sat Jul 27 04:28:19 1985
Date-Received: Mon, 29-Jul-85 05:55:46 EDT
References: <211@pedsgd.UUCP>, <565@hou2g.UUCP>
Organization: U Chicago -- Linguistics Dept
Lines: 43
Xref: watmath net.legal:1912 net.flame:11376

From: scott@hou2g.UUCP (N. Ersha)
Message-ID: <565@hou2g.UUCP>
> ... how about this for a solution
> to the problem of frivolous lawsuits:
> 
> In addition to giving the judge the power to fine people
> who bring such nonsense to the courtroom (which I think
> is already being done in some places), how about putting
> a cap on attorneys' fees for liability cases?  At least then
> if one of these silly cases should make it to court, it'll
> prevent plaintiffs from asking for such ridiculous sums 
> (i.e. 3 Million for stubbing your toe).  As now stands, if an
> attorney gets, say, 10% of the settlement, it is in his/her
> interest to "go for the big bucks".
> 
> What do YOU think?
> 
> 			SJBerry

	Contingent fees in liability cases are more often 30% or 40%
than 10%.  I mention this a factual background, not to say ``it's even
worse than SJB thought'', since I don't think it's bad.  The contingent
fee system is what enables ordinary people to bring suit against rich
& powerful corporations.
	And of course nobody gets $3 million for a stubbed toe.  Yeah,
I know, Scott was just exaggerating some, but the parameters are so far
out of line that it's no longer a useful illustration.  Three million
would *not* be an excessive figure to compensate for asbestosis, lung
cancer, early death.  And that's a reasonable figure just from lost
future earnings, computing present value at a reasonable rate or interest --
it says nothing yet about pain & suffering.  
	Again, I refer you to the series on asbestosis in the_New_Yorker
last month.  Awards in the million range only came through quite recently.
The first few plaintiffs had a hard time establishing their cases at all
(due to a big cover-up), and then the awards stayed under $100,000 for a
long time.  That's not a reasonable ceiling, if you remember what it
was for.
	Sure, a large figure for trivial injury is wrong.  But do you
think judges and juries are passive dupes?
-- 

            -- Mitch Marks @ UChicago 
               ...ihnp4!gargoyle!sphinx!mmar