"We The People" Legislation

JULY 2010

Frivolous Lawsuit Abuse Reform

How many of us have had a good laugh over a "lawyer joke?" Sadly for our great Country and Republic, this is definitely no laughing matter. The very powerful institution of trial and personal injury lawyers has indeed become "predatory" in nature. The untold cost to "We the People" is estimated to be in the billions. Frivolous lawsuits not only add to our health care costs, but drives up the cost of doing business in our country, even our homeowners insurance needs to have some liability costs included in case some klutzy neighbor falls in your driveway and sues. Law suit (litigation) risks have directly contributed to driving companies and potential investors out of our country. Frivolous lawsuits are in general a big JOBS KILLER! And if continued to be left unchecked will continue to be a great threat to overall economic recovery. When we had our little mom & pop shop (we went home-based April 2009) we paid $2000.00 yearly in order to have a mandatory (2) million dollars in coverage for a potential lawsuit. Anyone with the help of an "ambulance chaser" type of lawyer can basically form a joint adventure in becoming "legal extortionists." I would also opine that this is a form of "redistribution of wealth."

How has this all gotten so out of hand? Congress who else! The "trial lawyer" lobby is one of the most powerful in Washington D. C. The Democrat Party is the most courted by the lawyer lobby to the tune of multi millions into the democrat coffers. Republicans receive some, but a minuscule amount compared to democrats.

Now the solutions:

1. Making losers pay: If someone files a lawsuit and loses, they pay all of the cost the defendant has incurred and all court costs. Frivolous lawsuit abuse and clogging of our justice system would go down dramatically
.
2. Prohibiting "class action" lawsuits: These types of lawsuits are what have contributed to companies leaving our country and new ones potentially locating here. And when all is said and done it will be the attorneys not the people that filed with them rich!
3. Somehow making arbitration and mediation a more desirable alternative: There are many lawyers who specialize in two party only mediation, whereby both parties' plaintiff and defendant can come to far more equitable terms. Trial lawyers will often talk someone into "making a mountain out of a molehill" to simply add to their checking account.
4. Capping of jury awards: It is simply ridiculous the way juries all over our country have handed down ludicrous amounts of money to plaintiffs in the form of "punitive" damages. These costs are always eventually passed on in some form or fashion to us. Again, I'll reiterate that these types of suits have added to the skyrocketing cost of health care and insurance premiums. If someone has a legitimate claim for damages that is more than understandable. But we MUST get the "punitive" damages awards under control.
5. No more tax dollars for the ACLU: Yes folks millions of dollars of our tax monies are given to help keep the ACLU going strong. All so they can turn around and sue us for saying "One Nation Under God" in our pledge of allegiance, have a cross in the middle of a desert to honor our fallen vets, take away our Ten Commandments, etc. No wonder our Republic is such a mess!
6. Banning lawyers from advertising: How many of us have seen the complete lack of shame by "ambulance chasing" types advertise that your own law suit type of lottery ticket can come in if only you will sue. It is these types of lawsuits that add to the cost of car insurance. Remember, "We the People" will ALWAYS pay in some form or fashion for these law suits.

E-mail: jackie@JackieMillerForCongress.com
Office: Jackie Miller For Congress, P.O. Box 2276, Mt. Juliet, TN. 37121-2276  Tel: (615) 969 -1573

Paid for by Jackie Miller for Congress
Brenda Roberts, Treasurer