The Gods themselves contend in vain (Full Version)

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Alumbrado -> The Gods themselves contend in vain (2/14/2008 9:12:35 AM)

I give up...there are just too many of them out there:


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Scott Anthony Gomez Jr. filed a lawsuit in January against jail officials in Pueblo County, Colo., alleging among other things that they failed to take security precautions to prevent him from escaping. He seriously injured himself last year when he fell 40 feet while scaling a wall in his second escape attempt....

In August 2004, business executive Tomas Delgado, driving 100 mph in a 55 mph zone, fatally smashed into a 17-year-old bicyclist near Haro, Spain. In 2006, Delgado sued the boy's family for the equivalent of about $29,000 for damage to his car...

In December, the New Jersey Turnpike Authority filed a lawsuit demanding payment from the families of four people killed by an out-of-control tractor-trailer in 2006 (presumably to recoup clean-up costs and damage to the roadway)....

California's Solar Shade Control Act protects solar panels from obstructions from sunlight, and in January, Santa Clara County officials sought to enforce the law against homeowners who themselves are staunch environmentalists. Since the back yard of Prius-owners Richard Treanor and Carolynn Bissett contains lush redwood trees that block their neighbor's panels, the county ordered that the trees be cut down...

Officials of Hyde Park Baptist Church in Austin, Texas, initially agreed to host the annual multi-denominational Austin Area Interreligious Ministries Thanksgiving celebration last year, but abruptly canceled when they came to realize that Muslims might actually pray there. Under criticism, the church said that it "hopes" the religious community "will ... be tolerant of our church's beliefs" that necessitated the decision....
http://www.newsoftheweird.com/archive/index.html





SugarMyChurro -> RE: The Gods themselves contend in vain (2/14/2008 9:34:36 AM)

My ex-gf still lives in the house that she and I bought together in San Bruno, CA. There is what could be called a postage stamp sized (maybe 50'x50') backyard there with TWO huge motherfucking redwoods. They shade the backyard to a point where sunlight does not penetrate except indirectly. These two trees also litter the backyard with dead leaves and branches and make doing anything else with the yard quite difficult. If the place were zoned as a protected forest or something, I can see worrying about the trees - but as it is zoned as residential I can absolutely see the burdensome nature of some trees depending on the size of them. Our 50'x50' plot was basically a tiny bit of forest and I think we might have preferred a lawn or garden.

Not all of these suits are necessarily ridiculous if you come to know the facts. Or is this just part of the right-wing's obsession with "frivolous" lawsuits?

Thanks, but I'll stick with the illusion of justice that unrestricted access to our courts provides.




Jeffff -> RE: The Gods themselves contend in vain (2/14/2008 9:41:32 AM)

 Any of the above examples vary from silly to insane. Please save me from such justice.

Jeff




mnottertail -> RE: The Gods themselves contend in vain (2/14/2008 9:41:49 AM)

lets just waterboard and taser the motherfuckers.

GW




joanus -> RE: The Gods themselves contend in vain (2/14/2008 9:42:48 AM)

This is America, where you can get a great high paying job, a big house make tons of money and live freely, Just as long as your White, Straight, Christan who was born in America. Your also intitled to sue the pants of anyone as long as you have good lawyer, you don't even need a reason.

When did it all go wrong?




faerytattoodgirl -> RE: The Gods themselves contend in vain (2/14/2008 9:43:18 AM)

pfft....well i just saved 15% on my car insurance and i dont even have a car!!




Jeffff -> RE: The Gods themselves contend in vain (2/14/2008 9:45:09 AM)

I concur.  My office will have a brief prepaid shortly. No questions at this time please.

Michael Mukasey




mnottertail -> RE: The Gods themselves contend in vain (2/14/2008 9:59:34 AM)

Find out the truth on how she got the discount, Mike. I will use signing statements if necessary.

GW 




Jeffff -> RE: The Gods themselves contend in vain (2/14/2008 10:03:45 AM)

Justice isn't pretty

Julius and Ethel Rossenburg




Alumbrado -> RE: The Gods themselves contend in vain (2/14/2008 11:27:49 AM)

quote:

ORIGINAL: SugarMyChurro

My ex-gf still lives in the house that she and I bought together in San Bruno, CA. There is what could be called a postage stamp sized (maybe 50'x50') backyard there with TWO huge motherfucking redwoods. They shade the backyard to a point where sunlight does not penetrate except indirectly. These two trees also litter the backyard with dead leaves and branches and make doing anything else with the yard quite difficult. If the place were zoned as a protected forest or something, I can see worrying about the trees - but as it is zoned as residential I can absolutely see the burdensome nature of some trees depending on the size of them. Our 50'x50' plot was basically a tiny bit of forest and I think we might have preferred a lawn or garden.

Not all of these suits are necessarily ridiculous if you come to know the facts. Or is this just part of the right-wing's obsession with "frivolous" lawsuits?

Thanks, but I'll stick with the illusion of justice that unrestricted access to our courts provides.



Don't bother to read the part where the trees offended their neighbors...part of your incessant 'ward of the nanny state' campaign to use the courts to bully 80 year old bag checkers at Walmart?

Nice to see you goose stepping along in your usual fantastic manner.  Thanks for proving my choice of title was spot on.




thornhappy -> RE: The Gods themselves contend in vain (2/14/2008 6:04:10 PM)

quote:

ORIGINAL: Alumbrado

California's Solar Shade Control Act protects solar panels from obstructions from sunlight, and in January, Santa Clara County officials sought to enforce the law against homeowners who themselves are staunch environmentalists. Since the back yard of Prius-owners Richard Treanor and Carolynn Bissett contains lush redwood trees that block their neighbor's panels, the county ordered that the trees be cut down...

There's a bit more to that story, for the whole thing see this link.

Among other things, only 2 trees were cut down of the 8 on the property.  The law's got a few nuances to it also.

thornhappy




SugarMyChurro -> RE: The Gods themselves contend in vain (2/14/2008 6:17:59 PM)

Yeah, actually I did notice that, Alumbrado. In a world in which we all have to live together and attempt something like harmony sometimes the neighbors have to give up some trees because it's the fair thing to do.

Exactly how far up into the sky do your rights extend?

[8|]





Noah -> RE: The Gods themselves contend in vain (2/14/2008 7:39:04 PM)

quote:

ORIGINAL: joanus

This is America, where you can get a great high paying job, a big house make tons of money and live freely, Just as long as your White, Straight, Christan who was born in America. Your also intitled to sue the pants of anyone as long as you have good lawyer, you don't even need a reason.

When did it all go wrong?


No one is entitled to sue someone's pants off.

I mean I've never noticed that line in the constitution.

Anyone is entitled to sue. To sue, as far as I know, pretty much means to write a complaint on a piece of paper and hand it to a certain clerk along with some cash for a filing fee. No lawyer is required, as far as I know, in order to sue.

I hope some legal maven will correct anything erroneous in there.

What I'm totally not getting is how the existence of this right has led to AIDS, global warming, 911, Ann Coulter and tooth decay.

Can you explain?




laurell3 -> RE: The Gods themselves contend in vain (2/14/2008 10:03:00 PM)

In many places it is actually an ethical violation for attorneys to file a frivolous lawsuit or any lawsuit merely for the purposes of harassment.  However, as insurance companies have rather uniformly decided that almost any lawsuit is worth nuisance value (with a few expections of companies that will fight bad suits), the standard for what is "frivilous" is always in question because the clients are receiving money for the inane garbage filed.  I sure wouldn't want to be in front of the judge on most of that junk, but then again, most of it never sees a judge. 

The insurance system does reward bad behavior to an extent, although obviously it is a balance between wasting money defending and following principle (which most companies do not have).  Then again, as usual, those listed are merely the sensational and they don't come close to representing the oodles of legitimate cases filed all the time.




Owner59 -> RE: The Gods themselves contend in vain (2/14/2008 10:33:44 PM)

quote:

ORIGINAL: Noah

quote:

ORIGINAL: joanus

This is America, where you can get a great high paying job, a big house make tons of money and live freely, Just as long as your White, Straight, Christan who was born in America. Your also intitled to sue the pants of anyone as long as you have good lawyer, you don't even need a reason.

When did it all go wrong?


No one is entitled to sue someone's pants off.

I mean I've never noticed that line in the constitution.

Anyone is entitled to sue. To sue, as far as I know, pretty much means to write a complaint on a piece of paper and hand it to a certain clerk along with some cash for a filing fee. No lawyer is required, as far as I know, in order to sue.

I hope some legal maven will correct anything erroneous in there.

What I'm totally not getting is how the existence of this right has led to AIDS, global warming, 911, Ann Coulter and tooth decay.

Can you explain?



I`ve taken 4 people to small claims court w/out a lawyer.

It`s kinda set up for that,though some people come with council.

Anything more than a few thousand and then a lawyer is a good idea.

With a lawyer or pro se,the right to sue part of a free society.

I heard that law suits took the place of dueling ,back in the day.Instead of settling a problem or debt with fighting(possibly to the death),people started to have the option of having a hearing w/ a  neutral(hopefully) judge.

Being able to sue for damages is baked into the Constitution.

The ability to be compensated after proving  damages,financial or otherwise,is a major right and part of what lets us live without tyranny.

Though  a few man-bites-dog suits get into the system,that`s no reason to take away our right to sue .

It`s our only recourse if we get hurt,robbed,run over,or abused.

Imagine if someone could just fuck you and fuck you over and get away with it.That`s what "tort reform" is.




Foititis -> RE: The Gods themselves contend in vain (2/14/2008 10:42:43 PM)

quote:

ORIGINAL: Alumbrado
In August 2004, business executive Tomas Delgado, driving 100 mph in a 55 mph zone, fatally smashed into a 17-year-old bicyclist near Haro, Spain. In 2006, Delgado sued the boy's family for the equivalent of about $29,000 for damage to his car...

Shouldn't that man be in prison? How exactly does one file a civil suit when they're incarcerated for the murder (or manslaughter) of the potential defendant?




luckydog1 -> RE: The Gods themselves contend in vain (2/14/2008 10:51:15 PM)

well a 55mph zone, is probably a highway on which pedestrians and bikes are forbidden.  I would imagine that the guy is asserting the bike rider recklessly broke the law, causing the accident in the first place, resulting in damage to the guys car as well as mental distress.  But I have no idea how Spanish law works in cases like that.




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