June 16, 2004


Note to self: Stay out of Mississippi Courts

Governor Haley Barbour (R-Big Fat Idiot Corporate Whore) has signed another republican-insipired piece-of-crap piece of legislation to protect his corporate Masters. A bill to cap jury awards. I'm not quite sure how these are constitutional, after all, aren't juries supposed to make awards based on facts, not emotion or outside influences? If you're going to cap awards, then why not just mandate a $1 million dollar check and save everyone having to try and lie their way out of Jury Duty (well almost everyone).

Gov. Haley Barbour signed a new law Wednesday that limits large jury awards, touting it as a big step forward in erasing Mississippi's image as a haven for eye-popping verdicts.
...
The law caps pain-and-suffering damage awards at $1 million in most lawsuits. It keeps the $500,000 pain-and-suffering cap adopted in 2002 for medical malpractice cases — but it erases a cost-of-living provision that would have increased the cap over the years.
...
Barbour echoed that sentiment, saying Mississippi will be more business-friendly because the state will be less prone to "outrageous" jury awards.

"Every defendant will know the scales of justice are going to be balanced," he said.

Yeah, I hear businesses are fairly flocking to Mississippi because of the outstanding school systems, and a public infrastructure that can't be beat. Also, it's sunny history and wonderfully enlightened attitudes towards those who are at all different makes it the destination of choice for businesses from all locales around the world. And they have a Senator well known for his racial and cultural sensitivities...and his great hair-do.

By the way, have the scales of justice been balanced in Philadelphia, Mississippi yet? Oh, thought so.

posted by Jo Fish on 06.16.04 at 11:01 PM





Comments:

Now that the Barbourians are at the gate in Missippi, does this mean an opportunity for that state to finally enter the 20th Century? Haley hath no fury for big business.

posted by: Shag from Brookline on 06.17.04 at 06:15 AM [permalink]



from The Gadflyer,
Issue: Tort Reform
"Debunk the myths, slice their arguments to shreds
In an attempt to hold down insurance costs, many states have instituted caps on jury awards in medical malpractice cases. And what happened? Rates continued to rise.
So what explains the recent explosion in malpractice insurance costs? The insurance companies' fortunes in the stock and bond markets. Simply put, when the insurance companies lost money in the markets, they increased premiums they charge doctors in order to maintain their profits. Rates have skyrocketed in the last few years because low interest rates in the bond market and the stock market's fall in 2001 reduced insurance company profits; they raised their rates in response."
Doctors should make the insurance companies accountable not those injured by malpractice.
That said, yes maybe in non-medical civil suits, where frivilious suits are brought and innocent people are forced to pay to defend themslves we need some reform. maybe like Great Britain where the loser pays. Right now judges now have the power to take away the right of serial litigents to sue, they are just reluctant to use that power. Hold judges accountable for protecting us from frivilous suits without punishing those that have suffered real harm. I sure as hell don't trust corporate whores Barbour to decide whats fair.

posted by: on 06.17.04 at 07:33 AM [permalink]



"We'll be landing in Mississippi shortly. Please return your tray tables and seats to their fully locked and upright positions. Remember to exercise care when opening the overhead compartments as contents may have shifted during the flight. And don't forget to set your watch back fifty years."

posted by: dean on 06.17.04 at 08:54 AM [permalink]



Your comments re Barbour are right on the money. Barbour is not only attacking victims of malpractice and corporate negligence, he's also attacking the environment. Mississippi, not known for pro-environmental concerns, is getting worse. Despite the fact that one single Dupont plant in Mississippi accounts for half the dioxin output in the U.S., Barbour is clearing out the MS Dept of Environmental Quality, which is even now approving permits left and right to forgive Dupont's past pollution violations but also to allow them to pollute more, fill in wetlands, surface mine wetlands, and contaminate drinking water, dump toxic waste in the Bay of St. Louis. The Corps of Engineers and the EPA are in cahoots, too, being as any bureaucrats perceived as being anti-bidness or pro-tree hugger are afraid of losing their jobs. Oh, and no surprise, the Dupont plant is right in the middle of a poor, African-American community. It's sad, and scary, and will never be reparable. Bush and Barbour are going to kill Mississippi.

posted by: Nolajeff on 06.17.04 at 10:06 AM [permalink]



God files suit against Justice-Limiting States

God filed suit today against the State of Mississippi (for limiting jury awards to compensate injured parties for pain and suffering) and several other undisclosed jurisdictions in response to a wave of so-called tort reform laws which indiscriminately limit judgements against defendents found at law to have caused pain, suffering and other damage --- regardless of the extent of damage in the particular case.

"I invented justice", said God "and nobody is going to cripple it while I have anything to say about it."

Legal experts consulted for this story suggested that God probably has a defensible claim to ownership of 'justice' as a proprietary trade secret; it is a commonplace that God's justice has often been imitated but never fully understood by any competitor.

Scholars consulted on the issue have declined to comment, saying that it is a matter outside anyone's expertise. "Philosophers argue about 'natural law', which is close", said one distinguished professor (now retired), "but they cannot even agree whether it exists." "So far as I can tell", added another, "it has just always been there."

Locally, a self-described spokesman for God, about to enter a worship service, said that the God's requirements have been clear for thousands of years: "do justice, love mercy, and walk humbly with God."

"Denying justice - or trimming it to what won't have too much impact on profits", he said, "is not a valid option. It's that old 'can't serve two masters' thing."

God bless.


posted by: Tom R - Seattle on 06.17.04 at 12:43 PM [permalink]



put a serious cap on his political donations then.

He has put us through enough pain and suffering.

posted by: jillian on 06.17.04 at 01:26 PM [permalink]



Had an earthquake the other day, could have just been the archaeology dig of an 800 year old site here though...

Don't mess with the land. Eating the delta up for farming was something the great quake said a thing or two about...

Keep dow away please. It's enough having nitrate and insectiside plants here. Oh the chemical plant caught fire too and a bunch of firefighters went on sick leave. Several facilites had fires like that around the same time, and refineries... enough damage to hide audit numbers... the Tim McVeigh fan club local 666 is getting primed up somewhere down south. Hope like hell it's nowhere near here.


Barbour was the RNC man(funding scandals), it would be so fitting to see him get thrown in an old Bufort Pusser cell...

posted by: Mr.Murder on 06.19.04 at 04:30 AM [permalink]






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