I am far from a legal expert. But to the extent possible, I support
legislative efforts to contain the epidemic of litigiousness that largely benefits
only the lawyer class.
Shareholder Lawsuits.
It is crazy that we allow plaintiff attorneys to start a class action lawsuit with a handful
of shareholders. It is crazy that most companies find it more expedient to settle these
lawsuits than fight them. It is crazy shareholders
receive postcards (which most ignore) in the mail requesting an opt in to
receive the minimal settlement benefit while attorneys pockets millions in the settlement.
At the
very least, the benefits ought to automatically be mailed to them. The same applies
to product/service related class action lawsuits.
Plaintiff Lawsuits. Product/Service related lawsuits, where a wronged plaintiff
seeks compensation, are certainly more reasonable. However, it is difficult
to imagine how the average jury can figure out if Talc causes cancer much less how to
value the compensation and punitive damages. The outrageous verdicts bankrupt
companies that have provided Americans with products they have loved for decades. You can
decide for yourself if a system that could potentially destroy companies such as 3M and
Johnson & Johnson (example only, I have no interest or financial stake in these companies),
serves a useful purpose.
Suing Your Government. A person suing a local, state, or federal
organization for damages is essentially suing the entire citizenry when they
committed no crime. It is particularly aggregious that the Government officials
on the other side of the table from them, have no real incentives to contest
the lawsuit or minimize the damages. It is not their money and they suffer no
negative career consequences. Qualified Immunity is just as bad, as it protects bad apples. A
rational approach that doesn't provide a windfall to plaintiffs at taxpayers'
expense is required.
Frivolous Lawsuits. Strengthen the ability of defendants to claim trial
expenses should the lawsuit be determined to be frivolous.