Comments on: Better Judges, Better Courts http://pjmedia.com/blog/better_judges_better_courts/ Wed, 15 Feb 2012 20:45:40 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Bump on the Head http://pjmedia.com/blog/better_judges_better_courts/#comment-10677 Bump on the Head Fri, 20 Jul 2007 01:31:21 +0000 http://dev.pajamasmedia.com/blog/better-judges-better-courts/#comment-10677 Response to Marky Barky Cleanse the inner vessel first before seeking to help others! Clean your own house before critizeing your neighbor! You can't love others until you love yourself. Preserve God given and constitutionally mandated liberties before seeking to impose them on other cultures: is Ron Paul on target? Response to Marky Barky

Cleanse the inner vessel first before seeking to help others!

Clean your own house before critizeing your neighbor!

You can’t love others until you love yourself.

Preserve God given and constitutionally mandated liberties before seeking to impose them on other cultures: is Ron Paul on target?

]]> By: tommylotto http://pjmedia.com/blog/better_judges_better_courts/#comment-10676 tommylotto Fri, 20 Jul 2007 00:41:09 +0000 http://dev.pajamasmedia.com/blog/better-judges-better-courts/#comment-10676 I'm a big Rudy fan and agree with Rudy on judges. However, I have to differ on some of his tort reform ideas. Caps on non-economic damages do not discourage frivolous lawsuits as much as they harm plaintiffs that are truely injured. If a jury awards more than $250,000 for pain and suffering, the damage must have been clear and serious -- the case could not have been frivolous. So, what he is talking about is capping damages on meritorious cases, not frivolous cases. These caps are just for the benefit of the insurace companies. He also referred to Texas' new cap and the benefits it is having on doctors. That is misleading. California has had the exact same cap and all studies show that it is not having the claimed effect -- it is just saving the insurance companies alot of money on meritorious cases. (Imagine the gross negligence of a drunk doctor leaving a healthy young man in excreciating debilitating pain the rest of his life, he cannot work, cannot play, cannot make love, will never get married, never have children -- $250,000 is all he can expect for his loss.) Finally, I disagree that the judge with the pants had a frivolous case. His damage claim for millions was frivolous, but his claim for the $50 for the value of the pants was perfectly meritorious. Many jurisdictions already have cost shifting statutes where a defendant can offer the undisputed amount of the claim and recover costs if the plaintiff fails to do better than the defendant's offer. Finally, Rule 11 sanctions are already available for frivolous lawsuits filed for an improper purpose. Rudy I love you, but tort reform is just disingenuous red meat for the conservatives. I’m a big Rudy fan and agree with Rudy on judges. However, I have to differ on some of his tort reform ideas. Caps on non-economic damages do not discourage frivolous lawsuits as much as they harm plaintiffs that are truely injured. If a jury awards more than $250,000 for pain and suffering, the damage must have been clear and serious — the case could not have been frivolous. So, what he is talking about is capping damages on meritorious cases, not frivolous cases. These caps are just for the benefit of the insurace companies.

He also referred to Texas’ new cap and the benefits it is having on doctors. That is misleading. California has had the exact same cap and all studies show that it is not having the claimed effect — it is just saving the insurance companies alot of money on meritorious cases. (Imagine the gross negligence of a drunk doctor leaving a healthy young man in excreciating debilitating pain the rest of his life, he cannot work, cannot play, cannot make love, will never get married, never have children — $250,000 is all he can expect for his loss.)

Finally, I disagree that the judge with the pants had a frivolous case. His damage claim for millions was frivolous, but his claim for the $50 for the value of the pants was perfectly meritorious. Many jurisdictions already have cost shifting statutes where a defendant can offer the undisputed amount of the claim and recover costs if the plaintiff fails to do better than the defendant’s offer.

Finally, Rule 11 sanctions are already available for frivolous lawsuits filed for an improper purpose.

Rudy I love you, but tort reform is just disingenuous red meat for the conservatives.

]]> By: Marky Barky http://pjmedia.com/blog/better_judges_better_courts/#comment-10675 Marky Barky Fri, 20 Jul 2007 00:37:01 +0000 http://dev.pajamasmedia.com/blog/better-judges-better-courts/#comment-10675 Touche! Athoney for the cleaver critique. I also used "there" instead of "their" in the last line. I must slow the pecking hunter and proof the postable page. Touche! Athoney for the cleaver critique. I also used “there” instead of “their” in the last line. I must slow the pecking hunter and proof the postable page.

]]> By: Marky Barky http://pjmedia.com/blog/better_judges_better_courts/#comment-10674 Marky Barky Fri, 20 Jul 2007 00:30:47 +0000 http://dev.pajamasmedia.com/blog/better-judges-better-courts/#comment-10674 Response to Daivd McKeeman There are two kinds of terrorism. One where attacks come from outside an organization and the other where attacks come from inside an organization. The later seek to subvert and destory a country from within. Mr.Paul may not be effective against the former, though I can not agree, but ceretainly is a defender agaist the later. Response to Daivd McKeeman

There are two kinds of terrorism. One where attacks come from outside an organization and the other where attacks come from inside an organization. The later seek to subvert and destory a country from within. Mr.Paul may not be effective against the former, though I can not agree, but ceretainly is a defender agaist the later.

]]> By: Anthony (Los Angeles) http://pjmedia.com/blog/better_judges_better_courts/#comment-10673 Anthony (Los Angeles) Thu, 19 Jul 2007 23:35:37 +0000 http://dev.pajamasmedia.com/blog/better-judges-better-courts/#comment-10673 <i>Constitutional scholars have sided with the individual right to keep and bare arms.</i> That's right. Off with shirt-sleeves! Constitutional scholars have sided with the individual right to keep and bare arms.

That’s right. Off with shirt-sleeves!

]]> By: Marky Barky http://pjmedia.com/blog/better_judges_better_courts/#comment-10672 Marky Barky Thu, 19 Jul 2007 22:09:21 +0000 http://dev.pajamasmedia.com/blog/better-judges-better-courts/#comment-10672 As the "Legal" American public continues to have their constitutional rights bled from the very arteries that so many patriots died to protect, how is that we ignore the means by which those liberties were secured? I hesitate to imgine the mockery of American spirit and might that would insue as the de-fanged submissive, politically correct fail in their attempt to over throw a tyrant. Constitutional scholars have sided with the individual right to keep and bare arms. Americans who understnd and love there liberties stand and be counted, by the votes you cast. As the “Legal” American public continues to have their constitutional rights bled from the very arteries that so many patriots died to protect, how is that we ignore the means by which those liberties were secured? I hesitate to imgine the mockery of American spirit and might that would insue as the de-fanged submissive, politically correct fail in their attempt to over throw a tyrant. Constitutional scholars have sided with the individual right to keep and bare arms. Americans who understnd and love there liberties stand and be counted, by the votes you cast.

]]> By: David McKeeman http://pjmedia.com/blog/better_judges_better_courts/#comment-10671 David McKeeman Thu, 19 Jul 2007 20:06:03 +0000 http://dev.pajamasmedia.com/blog/better-judges-better-courts/#comment-10671 Rudy is perhaps the only true conservative candidate running for President. Do not confuse his stand on abortion as liberal, he stated he opposes it personally but would uphold the law whether Roe is affimed or repealed. Same for gun rights. He has stated no single issue would be used as a litmus test for judicial appointments. That is more constitutionaly correct than saying I will select judges who will pepetulate my own biases.He has it right on econmics, taxes, national defense, welfare, border protection, judicial restraint, judicial appointments.He is a proven manager with tangible results on most of these isssues while governor in NYC. He has been tested under fire and proved to be strong, reliable and consistent. Do not confuse Ron Paul's ranting as conservative. He is a radical libertarian who is against everything. He would endanger America when it comes to being on offense against terrorism. Rudy is perhaps the only true conservative candidate running for President. Do not confuse his stand on abortion as liberal, he stated he opposes it personally but would uphold the law whether Roe is affimed or repealed. Same for gun rights. He has stated no single issue would be used as a litmus test for judicial appointments. That is more constitutionaly correct than saying I will select judges who will pepetulate my own biases.He has it right on econmics, taxes, national defense, welfare, border protection, judicial restraint, judicial appointments.He is a proven manager with tangible results on most of these isssues while governor in NYC.
He has been tested under fire and proved to be strong, reliable and consistent.
Do not confuse Ron Paul’s ranting as conservative. He is a radical libertarian who is against everything. He would endanger America when it comes to being on offense against terrorism.

]]> By: davecatbone http://pjmedia.com/blog/better_judges_better_courts/#comment-10670 davecatbone Thu, 19 Jul 2007 17:53:43 +0000 http://dev.pajamasmedia.com/blog/better-judges-better-courts/#comment-10670 Rudy, if you'll come out and say the SCOTUS should decide 2nd amendment issues and not the Exec branch, you'll have an easier time. Rudy, if you’ll come out and say the SCOTUS should decide 2nd amendment issues and not the Exec branch, you’ll have an easier time.

]]> By: Oneder http://pjmedia.com/blog/better_judges_better_courts/#comment-10669 Oneder Thu, 19 Jul 2007 15:34:04 +0000 http://dev.pajamasmedia.com/blog/better-judges-better-courts/#comment-10669 If you want truth, honesty and freedom then you should be looking at Ron Paul as your number 1 choice. Don't go flying on certain days Rudy, but I'm sure you will be warned in advance,eh! If you want truth, honesty and freedom then you should be looking at Ron Paul as your number 1 choice.

Don’t go flying on certain days Rudy, but I’m sure you will be warned in advance,eh!

]]> By: Oneder http://pjmedia.com/blog/better_judges_better_courts/#comment-10668 Oneder Thu, 19 Jul 2007 15:28:49 +0000 http://dev.pajamasmedia.com/blog/better-judges-better-courts/#comment-10668 Please have a look at Ron Paul for honesty, truth and freedom, a trait sadly lacking in ALL the other candidates! Don't fly Rudy! Please have a look at Ron Paul for honesty, truth and freedom, a trait sadly lacking in ALL the other candidates!

Don’t fly Rudy!

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