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From: jimi@SCIRTP.UUCP (Jim Ingram)
Newsgroups: net.legal,net.flame
Subject: Re: Liability Lawsuits Getting Out of Hand
Message-ID: <262@SCIRTP.UUCP>
Date: Wed, 31-Jul-85 00:53:11 EDT
Article-I.D.: SCIRTP.262
Posted: Wed Jul 31 00:53:11 1985
Date-Received: Fri, 2-Aug-85 05:49:26 EDT
References: <211@pedsgd.UUCP> <565@hou2g.UUCP>
Organization: SCI Systems, Research Triangle Park, NC
Lines: 44
Xref: watmath net.legal:1955 net.flame:11426

> 
> I realize this may generate some flames, and probably
> could never get implemented (it has to get past the
> lawyers first :-)), but 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

I think that it is impossible, by definition, to know the legal merits
of a case before it is tried.

It would be nice to get rid of "frivolous" cases, but we could
never know which caes they were until after the trial concluded.

An interesting consequence of judges fining plaintiffs and their
attorneys in "frivolous" cases:

Suppose you're an attorney and were so fined. What's the obvious answer?

APPEAL!!!!
 
This will clear court dockets?



-- 

	The views expressed by me are my own and do not necessarily
	represent the views of any other individuals or organizations.

Jim Ingram			 {decvax, akgua, ihnp4}!mcnc!rti-sel!scirtp!jimi
SCI Systems, Inc.   	   P.O. Box 12557, RTP, NC 27709            919 549 8334