TortDeform: The Civil Justice Defense Blog

Cyrus Dugger

The Execs

I was going to write a post about this point, and then Justinian made it in the comments section:

“When product or service providers are hit with settlement costs or high insurance cost, every penny is taken from the public.”

EVERY penny spent by a business comes from the public. American businesses spent nearly $500 billion on advertising last year. Consumers paid for that. Should we curb advertising?

What about CEO salaries? The Exxon guy got something like $400 million dollars. Those costs went right to the prices we pay at the pump. But I don’t see anyone lobbying to cap salaries.

Every time an employee prints something in color that could have been in black and white, or makes a personal long-distance call at work, or steals a paperclip… consumers pay for it.

So let’s not pretend that legal costs are the only business expense consumers pay for.

Oh, and speaking of paying taxes - trial lawyers pay them too, and as such, fund the same military.

Posted at 1:15 PM, Dec 22, 2006 in Permalink | Comments (7) | TrackBack (0)


Comments

Are you trying to insinuate that a lifetime of pain and suffering of a burn victim capped at say $350,000 (translating into a $175,000 settlement, if that) is somehow worth the same as, well, three days of a the time of an executive?

Do you really think it is fair?

Posted by: Lee Tilson | December 22, 2006 03:05 PM

A lifetime of pain and suffering from a major burn has an infinite money value. No earthly amount compensates for it. Also, if you pay for something, its frequency will increase. Money damages decrease vigilance, and increase contributory carelessness. All payouts by corporations come from the public. You have to show Americans are safer than Europeans, before claiming any deterrence value.

Such accident victims deserve Medicaid for treatment. The public pays for treatment, not for hyper-proceduralist, lawyer rent seeking, to finance the purchase of professional sports clubs as toys for lawyers.

Today, we understand accidents to be subject to cluster factor analysis. The money must go toward enumerating the average of 12 factors from all directions, to prevent them. Now, it goes into the production of bogus theater, a contest of fairy tales before a clueless set of strangers expected to use their gut feelings to detect the truth. It is a ridiculous, Medieval spectacle, almost entirely appealing to the emotions. If you want case, get a cute, blond victim with a good chest. She has to be a non-smoker, and not overweight, too.

The chain of causation view of accidents, the false claim of foreseeability are from Scholasticism. They violate 1) procedural due process rights of the defendant by their falsity, 2) the Establishment Clause by their supernatural claim and derivation from church based Scholasticism.

There is no chain. There is a cluster with an average of 12 factors per accident, including stupid mistakes by the victim now holding up the public for irresponsible behavior.

Curus, foresee me an accident. You can do it with the accuracy of predicting the Lotto number this month. That accuracy is lawless in this secular nation with due process.

Posted by: Supremacy Claus | December 23, 2006 06:12 AM

Cyrus: You forgot something. The expenses are voluntary. The settlement and the insurance cost are at the point of a gun. The expenses further the business or the exec gets fired. The settlements and insurance serve only to buy the land pirate yet another personal jet and a pro sports team. Worse, it funds the political activities of the enemy. As lawyers become far richer, they buy politicians in a vicious cycle of privileged land piracy. This cycle may require self-help by all productive sectors of the economy restrain the lawyer and his running dogs in the legislature, the bench, the executive branch.

Please, be more balanced and complete if you wish to enhance your credibility.

Posted by: Supremacy Claus | December 23, 2006 07:06 PM

"Such accident victims deserve Medicaid for treatment. The public pays for treatment, not for hyper-proceduralist, lawyer rent seeking, to finance the purchase of professional sports clubs as toys for lawyers."

Supremacy, I disagree with your characterization of all trial lawyers, but I do agree that everyone in America should have free health care. If we did, lawsuits would drop by a great deal. When I worked as a paralegal, I would say 50-60% of the injured people who came in to hire us were more concerned about their medical bills than making money. I remember one guy in particular - he lost his right arm in a car accident. He was more concerned about the $100k+ medical bills than compensation for the loss of his primary arm!

Yes, I saw a lot of greedy people, but I saw a lot more honest people who were just concerned with paying their bills and recovering their lost wages.

Posted by: Justinian Lane | December 25, 2006 07:59 PM

Justinian: Your "free health care for all" is off point. It is also wrong headed, unless you are young and healthy, don't need health care. In England, surgeons are paid $90,000 a year, when they are just as good as ours, paid triple that. You know what they do, as a result? They go home at 5 PM. You are spurting blood from a hanging artery. Nope. Gone at 5 PM. No overtime, even for the spurting patient. Your wait for emergency surgery in England? 6 days. For voluntary surgery or a transplant? What are those?

Turned 57? English? No mo renal dialysis for you. Your potassium slowly increases, stops your heart, for your birthday. This is the method for our capital punishment by "the needle," an injection of potassium. In our death chambers, you get pretreatment with an anesthetic to make you unaware of what is happening. If you are 57, English, you get "the needle" as a birthday present in the socialist paradise of England. No anesthesia for you. Capital penalty, anesthesia free, at home, for your family to watch. What is a few minutes of breathlessness and crushing chest pain? We are saving tons of money. The left wing ideologues running England will not execute criminals. That is uncivilized. They execute the sick.

Back to the topic of land piracy, since all money in torts comes from the public, why enrich a slimeball middle man? Just treat the injured.

Posted by: Supremacy Claus | December 26, 2006 08:52 PM

"...why enrich a slimeball middle man? Just treat the injured."

And if they injured can't afford the treatment? Do we just let them die?

Posted by: Justinian Lane | December 27, 2006 06:27 AM

Justinian: Find me the poorest person in the US. That person can attend clinic at Sloan-Kettering and get the same cancer care Arabian princes travel 10,000 miles to get. Find someone who cannot get the care they need in the US. There is no one.

Posted by: Supremacy Claus | December 27, 2006 09:59 PM