"The person sueing has nothing to lose and everything to gain."
Wayne, my boy, you couldn't have given me a better example of your phenomenal ability to spin the truth. Historically, throughout your posts, you have thrown out little ditties like the foregoing statement knowing that the average reader would respond with something like...
".... well yeah, duh, thats true plaintiffs got nothing to lose, duh...".
Then of course, your next line is.... shouldn't our legislators (you know, those big government guys) implement the loser pays rule since plaintiffs have nothing to lose and everything to gain.
By the way, in an earlier post you asked for examples of your hypocrisy. Voila!!!
I want you to explain your well-accepted theory of plaintiffs have nothing to lose to one of my malpractice clients. This gentlemen went to an orthopod here in the Queen City to have a bunion removed.
After Dr. Fivecarsinthegarage was through with him, he left the hospital with a mid-dorsal amputation, was fitted with a nice looking prosthesis and lost his dream of dancing with Ginger Rogers.
Well were coming up for trial in January. So far my half-footed client has shelled out approximately $20,000 in costs and expenses to get experts to testify that the good doctor screwed this one up.
By the way, my guy is retired on a fixed income. 20 grand is a lot of money to him. Considering that 80% to 90% of malpractice verdicts are returned in favor of the health care providers in this jurisdiction, perhaps you would like to further explain how my client has nothing to lose.
Since your admittedly a flag waiver, how do you reconcile your position in favor of caps with the following:
"Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law."
If a jury awards more than the cap in any given state, your republican corporate buddies have ordered the judge to reduce the award to the cap limit. Dont you think that might just a little bit infringe on an individuals right to a trial by jury, guaranteed by the 7th Amendment to the U.S. Constitution, Mr. Flag Waiver.
Or do you just waive the flag when the wind is blowing in your direction. Now do you want the definition of hypocrite. Look in the mirror.
Ed
PS: By the way, thanks for that link to Bill O'Reilly and Fox News. Very objective journalism. You know, Wayne, I was really surprised that you follow the liberal media like O'Reilly and Fox. I'll respond to your link when you respond to Allstate, Enron, Tyco, Ford, the Catholic Church, Sears, Watergate, Iran-Contra, ad nauseum and the rest of the citizens of your country.