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Article #727

Re: just when you thought you had heard it all

#727
From: Bohdan Tashchuk
Date: Tue, 22 Dec 1992 09:26
43 lines
2122 bytes
In <21DEC199215003083@oregon.uoregon.edu> dreitman@oregon.uoregon.edu (Daniel R. Reitman, Attorney to Be) writes:

>>She is now suing the school district for megabucks on the grounds that the
>>school's athletic program failed to disclose to her that football is a sport
>>in which you can get seriously injured.

>What this plaintiff will probably need to prove:

[... deleted ...]

>Probable defenses:

[... deleted ...]

>Of course, I'm not licensed to practice, but this is basic tort law.  As you
>can see, the plaintiff may, at first glance, have some trouble with this case.

Thanks for the informative summary of what is involved. In non-legal terms it
amounts to convincing a jury that the plaintiff didn't know she could get hurt
playing high school football.

There are two interrelated reasons these cases come about:

1) Too many lawyers, with too much free time. They're basically a burden to
their firms unless they have something to do. So why not have them out there
trolling the legal waters for new and innovative ways to screw insurance
companies (ie the public). They take these cases on spec. If they lose,
they're no worse off than before. If they win, they get a nice fat chunk
of the spoils.

2) The American system of justice, which doesn't force the losing side to pay
the winning side's damages (except in unusual cases). If the parasitical
leeches doing the legal prospecting were faced with paying the winning sides
$200/hr fees every time one of their assinine theories crashed and burned,
there would be far less of this crap clogging up the courts.

-----

What's 10,000 lawyers chained together at the bottom of the sea?

A good start.

[appeared in the Wall Street Journal, believe it or not]
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Message-ID: <1992Dec22.092645.25920@fasttech.com>
Path: arc1-ca.pugleaf.net!sparky!uunet!psinntp!fasttech!zeke
References: <21DEC199215003083@oregon.uoregon.edu>

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Newsgroups: pnw.general
Path: arc1-ca.pugleaf.net!sparky!uunet!psinntp!fasttech!zeke
From: zeke@fasttech.com (Bohdan Tashchuk)
Subject: Re: just when you thought you had heard it all
Message-ID: <1992Dec22.092645.25920@fasttech.com>
Organization: Fast Technology
References: <21DEC199215003083@oregon.uoregon.edu>
Date: Tue, 22 Dec 1992 09:26:45 GMT
Lines: 43