TortsProf Blog

Editor: Christopher J. Robinette
Southwestern Law School

Saturday, April 12, 2008

Judge, Lawyers Debate Tort Reform in Texas

A panel discussion becomes a lengthy, informal exchange about the benefits of tort reform in Texas.  The Southeast Texas Record has the details.


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This comment may or may not get posted. You may enjoy it, as torts people. It says, no tort reform. Unleash torts. Going against the grain, I oppose all tort reforms, including limits on punitive damages. The idea below is a real test of torts sincerity, here. If torts serve a purpose, why is the lawyer profession depriving itself of its great benefit?

"If lawyers defend torts for everyone else, they should end all their self-dealt lawyer immunities. End all litigation privileges, discovery privileges, end all judicial immunities. Judges are all unjust, pro-litigation biased lawyers. Repeal the Eleventh Amendment. [Reverse Hans, by statute.]

End the privity obstacle to a legal malpractice claim by adverse third parties. End the trial within a trial obstacle to clients of lawyer from suing their own lawyer.

Let torts improve the lawyer and judge professions, now in utter failure of every goal of every law subject. Until that gets done, these lying, rent seeking, lawyer hypocrites should shut the hell up."

Posted by: Supremacy Claus | Apr 12, 2008 8:26:27 AM

Immunity grows an economic sector. Liability shrinks it. These do not guarantee the effect, they promote the effect. So making spats legally immune after the spats era would not have brought them back.

So manufacturers are liable. Nearly gone from the US.

The predator of manufacturing, government and litigation have self-dealt immunity from the bench. Exploding in growth.

This makes torts a form of stealthy industrial planning. The latter is a synonym for Communism, a debunked philosophy, despite the 100 million slaughtered to prove its validity. The lawyer profession is the sole place continuing both Scholasticist Medieval garbage doctrines and Communism. Not even the Chinese or Cubans believe in it anymore. The Supreme Court from which these decision stem, has neither the competence nor the authority to make industrial policy decisions.

Even economists would not have the unwarranted confidence to advise these decisions. These inconsistencies across activities and products make all torts pretextual, a form of bad faith, devoid of credibility.

A welding business makes $10 mil a year, and a judge makes $100K a year. The public has voted. The activity of the welder is worth 100 times more than that of the judge. It is the welder who should have immunity from the 100's of simultaneous lawsuits. The judge's activity is only 1% as valuable, and the judge can waste time and money defending against 400 lawsuits a year.

Examples include controlled before and after and before natural experiments:

Kings before and after the execution of Louis XVI. (Kings spoke with the voice of God, justifying immunity. All immunity implies this violation of the Establishment Clause. Or else legal immunity for any human activity makes no sense.)

Railroads in the 19th vs in the 20th Century.

Manufacturing today.

Criminals are virtually immune, with only about 1 or 2% of major crimes resulting in any punishment. Punishment is delayed, mild. 23 million crimes a year, nearly none get any consequence.

Females in divorce immune from any accountability for misconduct, do not even have to pay for a lawyer, the productive male has to pay the lawyer.

Abortion, immune, growing.

Tobacco use, was immune, now is liable. Grew, then shrank.

Lawyers and judges always immune, always growing in number.

Regulations and lawmaking. Immune and growing, no matter what harm.

Internet, immune and growing.

A before and after controlled experiment. The KKK, a lawyer founded and led fraternal organization, and the black middle class. During Reconstruction, under the KKK Act, Grant hanged the KKK by the 100's. Black strivers achieved great success and prospered. After Reconstruction, the KKK had total immunity for mass murder and extra-judicial expropriation of black owned property. The KKK grew, black middle class shrank. The KKK lost its immunity from prosecutors and judges, shrank. Black middle class is growing.

Doctors set their own standards of care. Juries favor them in 75% of verdicts, making them virtually immune. Health care is growing.

Health Maintenance Organizations have immunity for their funding decisions from ERISA. Grew. (Aetna Health, Inc. v. Davila, 542 U.S. 200 (2004) 307 F.3d 298)

North Korea had only $25 million frozen in torts. Came negotiating over nuclear development. Torts outdid the threat of war, and diplomacy. N. Korean nuclear activity shrank.

Posted by: Supremacy Claus | Apr 12, 2008 2:14:03 PM

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