NORTHEAST DEBATE: Tort Reform
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YRABNNRM
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« on: April 21, 2005, 06:16:42 PM »
« edited: April 28, 2005, 06:22:28 PM by Governor Andrew »
Assembly member Emsworth of New Jersey has proposed the following bill to the Northeast Assembly...

Tort Reform
[/b]
Written by Emsworth
Section 4 by ColinW
§ I. Cap on Punitive Damages
No court shall award punitive damages exceeding $500,000 in any civil case.

§ II. Applicability
Section I shall not retroactively apply to any actions committed prior to this Act's passage.

§ III. Compensatory Damages
The provisions of this act shall not be construed to limit the award of compensatory damages.

§ IV. The loser of the said lawsuit is hereby required to pay the legal fees of the winning party up to a reasonable maximum.
                 A. A reasonable maximum shall be defined to be $750,000.
                 B. This reasonable maximum may be changed at any time by the Northeast Assembly.

Debate will last about a week, the same as in the past.
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Emsworth
Junior Chimp
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« Reply #1 on: April 21, 2005, 06:21:04 PM »
Mr. Governor,

I would like to thank you for opening debate on this issue. Recapitulating on a post I have made in another thread, I would not oppose an amendment that would set different caps for different offenses.
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Colin
ColinW
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« Reply #2 on: April 22, 2005, 12:26:36 PM »
I would like to see some sort of loser pays provision in this Tort Reform bill. I will try and make an amendment when I get home today.
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Emsworth
Junior Chimp
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« Reply #3 on: April 23, 2005, 06:41:28 AM »
[Bump.]
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Colin
ColinW
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« Reply #4 on: April 23, 2005, 09:46:41 AM »
I have an amendment to propose.

Section 4. The loser of the said lawsuit is hereby required to pay the legal fees of the winning party up to a reasonable maximum.
                 A. A reasonable maximum shall be defined to be $750,000.
                 B. This reasonable maximum may be changed at any time by the Northeast Assembly.
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Emsworth
Junior Chimp
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« Reply #5 on: April 23, 2005, 10:05:27 AM »
Quote from: Senator Colin Wixted on April 23, 2005, 09:46:41 AM
I have an amendment to propose.

Section 4. The loser of the said lawsuit is hereby required to pay the legal fees of the winning party up to a reasonable maximum.
                 A. A reasonable maximum shall be defined to be $750,000.
                 B. This reasonable maximum may be changed at any time by the Northeast Assembly.
Although I feel that $750K may be a little high, I am in favor of the amendment in principle.
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Colin
ColinW
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« Reply #6 on: April 23, 2005, 10:27:54 AM »
Quote from: Emsworth on April 23, 2005, 10:05:27 AM
Quote from: Senator Colin Wixted on April 23, 2005, 09:46:41 AM
I have an amendment to propose.

Section 4. The loser of the said lawsuit is hereby required to pay the legal fees of the winning party up to a reasonable maximum.
                 A. A reasonable maximum shall be defined to be $750,000.
                 B. This reasonable maximum may be changed at any time by the Northeast Assembly.
Although I feel that $750K may be a little high, I am in favor of the amendment in principle.

Well lawyer fees themselves are very high. I've heard that some lawyers get paid upwards $450 an hour and if a case goes on for a normal period of time then it could easily get up to $750,000. Also we are trying to prevent frivolous lawsuits and when a person sees that they could be paying over $700,000 will dissuade them unless they really think that their case is good enough to actually either get a settlement or win.
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Emsworth
Junior Chimp
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« Reply #7 on: April 24, 2005, 02:31:26 PM »
Quote from: Senator Colin Wixted on April 23, 2005, 10:27:54 AM
Quote from: Emsworth on April 23, 2005, 10:05:27 AM
Quote from: Senator Colin Wixted on April 23, 2005, 09:46:41 AM
I have an amendment to propose.

Section 4. The loser of the said lawsuit is hereby required to pay the legal fees of the winning party up to a reasonable maximum.
                 A. A reasonable maximum shall be defined to be $750,000.
                 B. This reasonable maximum may be changed at any time by the Northeast Assembly.
Although I feel that $750K may be a little high, I am in favor of the amendment in principle.

Well lawyer fees themselves are very high. I've heard that some lawyers get paid upwards $450 an hour and if a case goes on for a normal period of time then it could easily get up to $750,000. Also we are trying to prevent frivolous lawsuits and when a person sees that they could be paying over $700,000 will dissuade them unless they really think that their case is good enough to actually either get a settlement or win.
In that case, I support the amendment.
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YRABNNRM
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« Reply #8 on: April 24, 2005, 02:47:53 PM »
If it is ok with everyone I will open vote on the ammendment sometime tonight.
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Emsworth
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« Reply #9 on: April 24, 2005, 02:51:47 PM »
I have a procedural question for the Governor: is it necessary to hold a vote on the amendment? Since no-one has objected to it yet, it might be appropriate for the amendment to be deemed passed by unanimous consent. Then, we could simply proceed directly to the vote on the bill.

Of course, if this suggestion contravenes either the Constitution or the past practice of the region, I withdraw it.
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Colin
ColinW
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« Reply #10 on: April 24, 2005, 03:27:37 PM »
Quote from: Emsworth on April 24, 2005, 02:51:47 PM
I have a procedural question for the Governor: is it necessary to hold a vote on the amendment? Since no-one has objected to it yet, it might be appropriate for the amendment to be deemed passed by unanimous consent. Then, we could simply proceed directly to the vote on the bill.

Of course, if this suggestion contravenes either the Constitution or the past practice of the region, I withdraw it.

No its usual procedure to vote on any amendments even if their has been no objection.
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Emsworth
Junior Chimp
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« Reply #11 on: April 25, 2005, 03:20:39 PM »
Quote from: Senator Colin Wixted on April 24, 2005, 03:27:37 PM
No its usual procedure to vote on any amendments even if their has been no objection.
Oh, I see. In that case, I look forward to the vote.
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YRABNNRM
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« Reply #12 on: April 25, 2005, 04:08:55 PM »
I apologize for not opening the vote last night, it slipped my mind. I will hearby open vote on the ColinW Amendment immediatly. Voting will last until 5 PM eastern time Tuesday the 26th.

PLEASE VOTE AYE OR NAY ON THE COLINW AMENDMENT
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KEmperor
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« Reply #13 on: April 25, 2005, 04:10:42 PM »
I vote AYE on the ColinW amendment.
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YRABNNRM
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« Reply #14 on: April 25, 2005, 05:28:29 PM »
Aye
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Colin
ColinW
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« Reply #15 on: April 25, 2005, 05:59:25 PM »
Aye
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Emsworth
Junior Chimp
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« Reply #16 on: April 25, 2005, 06:55:29 PM »
Aye.
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Emsworth
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« Reply #17 on: April 26, 2005, 05:48:21 AM »
[Bump.]
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YRABNNRM
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« Reply #18 on: April 26, 2005, 09:08:16 PM »
Voting on the amendment ended about 5 hours ago. May the debate proceed.
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YRABNNRM
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« Reply #19 on: April 28, 2005, 12:32:06 PM »
I would like to open the vote on this tonight if thats alright with everyone.
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Colin
ColinW
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« Reply #20 on: April 28, 2005, 02:43:01 PM »
Quote from: Governor Andrew on April 28, 2005, 12:32:06 PM
I would like to open the vote on this tonight if thats alright with everyone.

Fine by me.
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Emsworth
Junior Chimp
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« Reply #21 on: April 28, 2005, 03:22:10 PM »
Quote from: Senator Colin Wixted on April 28, 2005, 02:43:01 PM
Quote from: Governor Andrew on April 28, 2005, 12:32:06 PM
I would like to open the vote on this tonight if thats alright with everyone.
Fine by me.
Same here.
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