February 11, 2005


First wave of payback

Payback is a bitch. Especially if you're going to try and be a member of a class-action suit. The 1600 Crew is handing their biggest contributors a gift. Why in the hell the Democrats did not try and block this is not such a mystery...they're getting paid off too.

The Senate approved a measure Thursday to help shield businesses from major class action lawsuits like the ones that have been brought against tobacco companies, giving President Bush the first legislative victory of his second term.

Under the legislation, long sought by big business, large multistate class action lawsuits could no longer be heard in small state courts. Such courts have handed out multimillion-dollar verdicts.
...
The Senate passed the bill 72-26. It now goes to the House.

"We look forward to this legislation coming to the House floor next week so we can send it to President Bush, who has made its enactment a top priority," said a statement from House Majority Leader Tom DeLay, R-Texas, House Judiciary chairman James Sensenbrenner, R-Wis., and House Agriculture chairman Bob Goodlatte, R-Va.

How much will those three make personally off this? Well, I'm sure that there's a good job awaiting each of them when they leave being congresscriminals. Too bad it's not making little ones out of big ones at a federal pen.

Congratulations all you stupid republicans, I hope you never need to make a claim for workplace injuries like from, oh, say, a known carcinogen. Or get into a car with faulty parts. Or that you lose your blowjob "personal account" blowjob retirement money in a stock-churning scheme at a less-than-honest brokerage. 'Cause we all know, that none of those things ever happen to Tru Believers. Ever.

posted by Jo Fish on 02.11.05 at 12:08 AM





Comments:

The flood stage crested with this action...
and liability for liferafts is wearing thin.

Treading water in the economy at best, interest rates about to skyrocket, turning the work force into waterboard torture sessions...

posted by: Mr. Murder on 02.11.05 at 04:11 AM [permalink]



This is a result of the law of political physics: No action, no class.

posted by: Shag from Brookline on 02.11.05 at 06:07 AM [permalink]



This is simply the Political Corollary of the Golden Rule: He Who Has The Gold Can Afford To Buy Those Who Write Legislation.

Is is truly corruption if everyone seems to be doing it?

posted by: Jack Cluth on 02.11.05 at 08:55 AM [permalink]



"Is is truly corruption if everyone seems to be doing it?"

Yes, it is. And corrupt governments fall. Maybe not soon, but they do fall. The only question at this point is how many of us they are going to take down with them before we finally get pissed off enough to drive them out.

posted by: Donna on 02.11.05 at 03:10 PM [permalink]



According to your post, this bill will only prevent class actions from being filed in state court (your second paragraph). Venue in federal court is still possible. Have I missed something? Making a uniform standard for bringing class actions seems desirable, doesn't it? It doesn't seem like a good idea to have the ability to bring a class action suit in Mississippi if it can't be brought in Oregon, especially when the class action is based on a federal statutory claim. Do you want Mississippi law deciding how a federal claim should be handled?

posted by: Regular Reader on 02.12.05 at 06:01 PM [permalink]



Regular Reader seems to forget about the existence of a document called the "Constitution" which says that all powers not explicity given to the federal government devolve to the states.

posted by: CDWard on 02.13.05 at 03:51 AM [permalink]



The Constitution also says that Congress (ie the federal government) controls and regulates interstate commerce. I assume that you would agree that class action lawsuits, especially when plaintiffs come from Maine to New Mexico, affect (either good or bad) interstate commerce. I understand the 10th Amendment and its ramifications, but the 10th Amendment's power has been greatly diminished in the past century by, namely, the Commerce Clause and the Dormant Commerce Clause. In fact, the 10th Amendment's power today is "police power", and I'm sure several people reading this would argue that federal agencies like the FBI have even usurped state police powers.

In fact, the Supreme Court over the past several decades has struck down only one federal law based on a Commerce Clause challenge, and that has come in the last few years. (A federal law banning guns within 100 yards of a school was struck down because it had no impact on interstate commerce, and states were free to enact legislation banning guns in school zones.)

I'm sure that if you were to ask any Constitutional Law scholar, he or she would be glad to tell you that the Commerce Clause is much stronger than the 10th Amendment Constitution as of today

And yet, you did not answer my question, do you think it's a good idea to have, for example, a Mississippi state court judge deciding federal law claims?

posted by: Regular Reader on 02.13.05 at 04:03 PM [permalink]



Well the judge who wrist-slapped crossburners in Mississippi was appointed by decree when Congress denied him a seat. He now gets to hear class actions at said level.

Ironic. All he needs to dow is appoint a Chancellor...

posted by: Mr. Murder on 02.13.05 at 09:26 PM [permalink]



do now*

posted by: Mr. Murder on 02.13.05 at 09:27 PM [permalink]



I don't know which judge you're referring to and to which case "he" slapped the wrists of some cross-burners.
But, if you're looking to throw stones at some unnamed judge who is a Republican, you need to look at your own party as well. Racists (if this unnamed judge does actually qualify as a racist) aren't limited to one party. Case in point: Senator Robert Byrd from West Virginia is a former member of the Ku Klux Klan - he's a Democrat by the way.

And, your post proves exactly my point: Do you want a racist hate-monger from Mississippi presiding over a class action lawsuit - before he is confirmed as a federal court judge?

posted by: Regular Reader on 02.13.05 at 10:09 PM [permalink]






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All the original material © 2002-2003 Jo Fish
steal what you want, all I ask is an attribution of some sort
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