Wal-Mart fights back

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Even harder to find a lawyer who will take on a suit that has no assets!! ;)
nb
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On 07/22/10 06:38 pm, notbob wrote:

The rot set in when lawyers were allowed to
(a) advertise (time was when a lawyer who advertised was "struck off" by the bar association);
(b) take cases on a contingency basis instead of telling potential clients, "My fee will be $x, plus expenses, which could be as much as $y -- and if you lose, you will have to pay the defendant's costs as well."
*and* when
unsuccessful plaintiffs were no longer held liable for a successful defendant's costs; see (b) above.
Perce
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Yep. 'contingency' is win/win for any lawyer. Lose and you are out some time, win and you win big. Even in this sparsely populated area the sleaze lawyers file cases that have no merit.
Example. Suicidal subject with PU on side of deserted road. Has weapon. Cops surround him. Negotiations go on most of night. Brother arrives trys to convince him to drop the weapon. Finally subject points weapons at cop, Cops fire two shots and drop the guy. Sleaze bag lawyer files 'wrongful death suit' the next day. Last I heard the case is still open several years later. Whitman Co, Washington state. Sorry, I don't recall the name anymore (used to be a dispatcher).
Harry K
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Percival P. Cassidy wrote:

Such a system might actually cost society much more than the way it is now, because litigants would end up fighting over who "won" (it isn't always clear, since e.g. plaintiff might establish liability but not much, or any, damages -- do you then need to proportion the costs, etc.?).
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The problem is, it is too easy to get a settlement from the company or their insurance carrier. Write a few letters and get 40% of the settlement is not hard to take. The lawyers judges, insurance adjusters are all part of the same club. Then you have the guy with a modest claim and a sore toe that wants $10,000 or disability for life.
Top that off with jurors that are typical working class that think every business is out to screw every consumer. They award the really big settlements.
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Or look at every plaintiff as someone who's just won the Magabux.
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Ed Pawlowski wrote:

Where do you suppose they get such ideas? Maybe from personal experience with businesses that screwed them?
It's not a perfect system, but there are many vocal advocates for swinging the pendulum way too far the other way, IMHO.
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On 7/23/2010 7:00 PM, cjt wrote:

Sure, unfortunately in people's minds honest small to medium businesses get mixed together with the pirates (and it doesn't help that the pirates and folks in the government are holding hands) so the result is lots of businesses are paying for the bad behavior of others when they get tagged with phony lawsuits.

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HeyBub wrote:

http://townhall.com/columnists/PaulGreenberg/2010/07/19/wal-mart_strikes_back/page/full
Good for walmart, and it illustrates just how unfair the system it. 95% of the parties charged have to plea guilty because they can't afford a decent attorney. If they dare go to trial and lose the book is thrown at them for not pleading out. It makes for a very unfair system that is supposed to be based on presumption of innocence until found guilty.
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On Jul 20, 10:39am, FatterDumber& Happier Moe

What on earth are you blabbering on about ?
"Guilty" is only a plea entered in a Criminal Court when brought up on a criminal charge...
Walmart is going after OHSA on some of the finer points of "administrative law"... Taking the agency to court for such interpretations is the only recourse after you have exhausted discussing the matter with those higher up in the food chain of the agency than the individual who has meted out the fine or citation...
As far as the justice system being unfair ? It sounds like you really don't know enough about it to make that determination...
When you are charged with a crime that will result in a loss of freedom (a.k.a. you are placed in "jeopardy") you are automatically appointed a lawyer free of charge if you can not afford to hire one on your own...
If more people were aware of their 5th amendment rights and actually made use of them by remaining silent when they are placed under arrest and strongly demanding an attorney, most of the people you say are being unfairly dealt with by the system would have more of an opportunity to have a better outcome...
As far as going to trial, only 10% of criminal cases ever make it to a trial because most people are willing to go for the sure thing and they make a deal if they can get one... Many cases are dropped because of reluctant witnesses or evidence that gets contaminated or misplaced... As to your "you get the book thrown at you if you dare to go to trial and lose" rant, that has NOTHING to do with the fact you went to trial... That has everything to do with various nut-job anti-crime zealots out there who demand "mandatory minimum sentences" for every crime under the sun -- taking the power of the trial judge away and forcing them to impose the mandated sentence upon the defendant when they are found guilty...
You are innocent until proven guilty in the American criminal justice system, most people screw themselves over by trying to talk their way out of it with the police, seemingly unaware that everything they say in an interview room with the police is recorded... It might not end up being used against you as direct evidence at a trial but it is usually more than enough to prevent your lawyer from putting you on the stand to tell your side of the story as then the things you said to the police during the interview can be used to impeach what you are testifying about and make you look even worse than you are... In order to be punished you need to be found guilty "beyond a reasonable doubt" by a jury of 12 of your fellow citizens or a judge if you give up your right to a jury and opt for a bench trial...
~~ Evan
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If more people were aware of their 5th amendment rights and actually made use of them by remaining silent when they are placed under arrest and strongly demanding an attorney, most of the people you say are being unfairly dealt with by the system would have more of an opportunity to have a better outcome...
================== Excellent video on the 5th amendment, and how easy it is to get yourself in trouble. I'd like to try this next time I get pulled over for some nebulous traffic offense. Sit there in total silence. Or maybe tell the cop "I'm bored with dinner ideas. What are you having tonight?"
http://video.google.com/videoplay?docid=-4097602514885833865&hl=en #
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wrote:

Try that one in Chicago and you'll get what we call here a "tune up" from the cop. That boy needs a "tune up"!
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Try that one in Chicago and you'll get what we call here a "tune up" from the cop. That boy needs a "tune up"! =========== Well, we need SOME kind of a good response to "Do you know how fast you were going?" I suppose another would be "How fast do YOU think I was going?" Respond ONLY with questions. The only safe statement to make is "I'm bored with dinner ideas.", or "I need to wash this car more often."
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On 7/20/2010 5:05 PM, RickH wrote:

Unfortunate that you think you should accept the idea of a police "tune up". Police are our employees. You simply need to give them respect and no more. Any cop who delivers a "tune up" needs to be immediately dismissed and prosecuted.
My good friend is the police chief in a 100,000 population area and he will tell you the best defense you have against dishonest police or police who are looking for an easy way to close a case is to respectfully say nothing.
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wrote:

What about an attitude adjustment? I worked with a guy nicknamed "Spin". When the person left his office, he forgot what he went there for. Spin spun him around.
No office furniture damaged.
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George wrote:

Speak of which, Five Tulsa officers indicted today, Read more from this Tulsa World article at http://www.tulsaworld.com/news/article.aspx?subjectid &articleid 100720_11_0_hrimgs214950
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George wrote:

Alternatively, give the cop something he hasn't heard before.
I pulled up behind two Houston PD officers (I was a deputy sheriff) who had just pulled over a Pontiac that passed us both as if we were sitting still at 3:00 a.m. on a deserted freeway.
"Step out of the car, please" on Houston PD officer called to the driver.
Out of the car stepped this GIANT black man. Gold chains around his neck. I swear he must have been a linebacker for the Houston Oilers.
"Why were you in such a hurry, sir?" asked the officer as he look up (way up) at the driver.
"Pussy, man!" said the driver.
The cop looked at his partner. His partner looked at him. They both looked at me. I shrugged.
"Say what?" said the officer.
"Pussy, man! My old lady called me. Said to get my black ass over to her place! Said she was in the 'mood.' And officer, she ain't in the mood all that often!"
The officer looked at his partner. His partner looked at him.
"Well, can't really give a man a ticket for that. Go on, get outta here, but take it easy!"
" 'Preciate it officers, I really do."
The Pontiac peeled out in a cloud of dust leaving us three cops on the side of the freeway, small smiles on our faces, comfortable with the thought that, in a small way, we made the world a better place.
A good evening for all.
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..
The cops here in Chicago are scared shitless. I think three have been shot (assination style) in the last month alone. It's the murder capital of the world, I'm amazed when I hear news reports "that 7 people were killed in Iraq this week" and I look at Chicago which usually exceeds that in a few days, especially in summer. The cops are on a hair trigger and wont put up with anything anymore, in a way I cant blame them. Illinois is so incredibly f#$cked up, 16 Billion in unpaid govt pension liabilities, highest corporate tax rates in the world, unemployment around 12%, one party (Dem) political system that is corrupt beyond belief, 3 of the last 6 governors in jail or going to jail, A mayor that acts like Henry the VIII, gangsters, unsafe neighborhoods, every lawer on the take. Illinois is truly hell on earth, it's home, but man I'd love to get out of here. I'm not alone the population of the state is going down leaving even less people and corporations in the private sector to pay for the mess these corrupt overspending Democrats have gotten us into here. No I dont blame the cops one bit for wanting to administer a "tune up", maybe eventually they can clean up this town one tune up at a time.
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RickH wrote:

Chicago will soon be awash in cash as they charge $180 to register a firearm.
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Which is sure to create even more "criminals". These laws are so incredibly stupid, it makes one wonder if they aren't purposely designed to intentionally criminalize gun owners so law enforcement can drag out good ol' "probable cause".
nb
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