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Thompson, Torts, and True Conservatism
Townhall.com ^ | June 17, 2007 | Ken Connor

Posted on 06/16/2007 11:27:22 PM PDT by Politicalmom

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1 posted on 06/16/2007 11:27:28 PM PDT by Politicalmom
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2 posted on 06/16/2007 11:28:30 PM PDT by Politicalmom ("Mom, I'll be old enough to vote for Fred when he runs for his second term." -My Son. (I'm proud))
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To: Politicalmom

IMHO, the way to handle our litigious nature as a country is to tax the living crap out of the winnings in court cases. This way, we discourage the behavior, but if someone is really in the wrong, the wronged can get proper justice.


3 posted on 06/16/2007 11:30:56 PM PDT by perfect_rovian_storm (Fred Thompson. AKA: POTUS 44)
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To: Politicalmom

That’s an interesting perspective that isn’t often espoused by Republicans.


4 posted on 06/16/2007 11:32:45 PM PDT by Roberts
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To: Politicalmom

Night shift : )


5 posted on 06/16/2007 11:33:39 PM PDT by stephenjohnbanker ( Hunter/Thompson/Thompson/Hunter in 08! "Read my lips....No new RINO's" !!)
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To: Politicalmom
Sounds like a hell of a lot of spinning by a trial lawyer. Most “caps” are not limits on actual damages but rather caps on punitive damage. There’s nothing wrong with making a person whole who has suffered financial harm by another person or company. That’s the legitimate purpose of civil litigation.

Some level of punitive damages is also reasonable, on the principle that it’s not enough merely to force a thief to give back the amount of money which was stolen if the thief happens to get caught and convicted. There should be an additional penalty for the harm caused so as to discourage such acts.

But the enormous punitive damages allowed by our tort system go far beyond such objectives. The tort system has developed into a lottery system where litigants (and attorneys who receive a big percentage as contingency fees) can make incredible fortunes if they convinced a sympathetic jury to sock it to the defendant.

Not only should punitive damages be limited, but a “loser pays” system should require unsuccessful litigants to pay the costs and attorney’s fees of the defendant. That’s the way to discourage frivolous lawsuits and to compensate winning defendants for the huge toll which defending an unjust lawsuit imposes on them.

When some states and localities offer favorable climates for unjust lawsuits against nationwide corporations or individuals from other states, it is squarely within the federal government’s legitimate “interstate commerce” powers to place limits on those lawsuits.

6 posted on 06/16/2007 11:49:29 PM PDT by dpwiener
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To: All

Tort limits are needed, but federalizing lawsuits sounds like more big Federal Govt and Business Socialism.

Also, if you Federalize lawsuits and a liberal Dem gets control....wont be good for big business


7 posted on 06/17/2007 12:35:18 AM PDT by UCFRoadWarrior (Illegal Alien Amnesty Is Anti-American)
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To: Politicalmom

I’m content to let the Republicans duke it out and see who’s standing when the smoke clears. I’m impressed by the crop of Republican candidates. I like Guiliani more than I did because he’s very articulate and persuasive which is a good quality in a president. The only problem with him is his record on abortion but he does say he will appoint strict constructionists to the court. He did wear a dress to a Halloween party though and that is a bit worrisome as far a propaganda material here and around the world. Romney is very impressive as a businessman and as a speaker but how is he really when he has to go to the mat in a heated debate or when he has to sound more sincere to connect with the American people? Thompson may have a the good qualities we need and obviously he is a master strategist by polling high and not joining the race. He speaks with common sense and wisdom and patriotism which is something I admire in him. But I am going to have to see more of Fred under pressure to make my decision.


8 posted on 06/17/2007 12:40:24 AM PDT by TheThinker
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To: Politicalmom

I found some “bluebloods”.

http://www.customcleanersdefensefund.com/


9 posted on 06/17/2007 1:51:11 AM PDT by ridge
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To: Politicalmom

There are lots of aspects in tort reform besides capping damages. Stopping frivolous lawsuits and jury shopping, just to name a couple. Still, GWB ran in support of Tort Reform, and you see how that worked out... I don’t think this is very high on any politician’s radar.


10 posted on 06/17/2007 3:15:44 AM PDT by TN4Liberty (Ask any farmer... Good fences make good neighbors.)
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To: Politicalmom

I love the writers use of “Republican Bluebloods”. It has a nicer ring than “democRAT”. Of course when the democRATS ask these bluebloods for campaign funds, the bluebloods are friends?


11 posted on 06/17/2007 6:42:32 AM PDT by tillacum
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To: dpwiener

Tobacco companies are a good example of democRAT lawyering. How much of the damages did and do the lawyers get?


12 posted on 06/17/2007 6:46:58 AM PDT by tillacum
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To: perfect_rovian_storm

MHO, the way to handle our litigious nature as a country is to tax the living crap out of the winnings in court cases.


We already do. While actual compensation is not taxed, punitive damages are, as is the lawyer’s share.


13 posted on 06/17/2007 7:54:14 AM PDT by Atlas Sneezed (Your FRiendly FReeper Patent Attorney (...and another "Constitution-bot"))
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To: tillacum

Tobacco companies are a good example of democRAT lawyering. How much of the damages did and do the lawyers get?


If you really want to follow that money, ask how much went into government hands.


14 posted on 06/17/2007 7:56:05 AM PDT by Atlas Sneezed (Your FRiendly FReeper Patent Attorney (...and another "Constitution-bot"))
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To: UCFRoadWarrior

“Tort limits are needed, but federalizing lawsuits sounds like more big Federal Govt and Business Socialism.”

Exactly, leave the matter for the states to decide.


15 posted on 06/17/2007 8:03:23 AM PDT by rob777 (Personal Responsibility is the Price of Freedom)
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To: dpwiener

The key is contingency fees. Get rid of those (with a cost plus arrangement for lawyers) and you’d see most of these cases dry up the next day.


16 posted on 06/17/2007 8:07:47 AM PDT by Philistone (Your existence as a non-believer offends the Prophet(MPBUH).)
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To: TN4Liberty
Still, GWB ran in support of Tort Reform, and you see how that worked out... I don’t think this is very high on any politician’s radar.

But it should be high on the radar. It not only affects R & D, but has a devastating affect on our whole healthcare industry as well, contributing to skyrocketing healthcare and insurance costs due to frivolous lawsuits.

The biggest obstacle to real tort reform is that the trial lawyers, a wealthy special interest group, has the Democratic Party in their pocket (and, ahem, some Republicans).

"You can have affordable health care and a good environment for jobs. Or you can have rich trial lawyers filing frivolous lawsuits. Not both." ~~ Newt Gingrich

"Last year, U.S. corporations spent more money on tort claims than they did on R&D. If innovation is the key to our long term leadership, then some tort lawyers are cashing out our country's future....tort lawyers are ok with state reform, but not national reform. You know what state level tort reform means - it means that as long as there is one lawsuit-friendly state, they can sue almost any major, deep-pocketed company in America. No thanks, America needs national tort reform." ~~ Mitt Romney
http://www.freerepublic.com/~unmarkedpackage/#spending

"The current system of litigation is too expensive for America, fails to provide justice for Americans and is being made steadily worse and more expensive by increasingly predatory trial lawyers who have more and more resources devoted to gaming the system to enrich themselves at the expense of individual Americans and American society. This is especially true in the healthcare system. Doctors are more important to our nation's health care system than trial lawyers. In order to ensure the availability of doctors it is important to create and/or maintain hard caps on non-economic damages in medical liability cases." ~~Newt Gingrich
http://www.senatorfredsmith.com/content/Pages/show/id/12

Let's be part of the solution, not part of the problem.


17 posted on 06/17/2007 8:19:54 AM PDT by redgirlinabluestate (MittRocks.blogspot.com)
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To: redgirlinabluestate

ooops, affect an effect


18 posted on 06/17/2007 8:22:39 AM PDT by redgirlinabluestate (MittRocks.blogspot.com)
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To: Politicalmom

Oh for the LOVE !!!

This is 10000% against the planks in our party platform! We ARE for tort reform. Pushing Fred as a NOBLE Trial Lawyer is nothing but spin. Why can’t he be honest about that ??


19 posted on 06/17/2007 8:24:56 AM PDT by RachelFaith
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To: Politicalmom
Ken Connor is Chairman of the Center for a Just Society in Washington, DC and a nationally recognized trial lawyer who represented Governor Jeb Bush in the Terri Schiavo case.

That sure ain't no badge of honor. Bleh.

20 posted on 06/17/2007 8:31:23 AM PDT by EternalVigilance ("You will have your bipartisanship." - Fred Thompson, May 4, 2007)
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