In FL: Fooling the Voters?

Image by State Library and Archives of Florida via Flickr

It's not nice to fool the voters. Our state Legislature doesn't get that. Fortunately, the Florida Supreme Court does.

This week the court threw three proposed state constitutional amendments off the November ballot. All came from the Legislature and all suffered from the same defect: Deceptive or misleading ballot language.

One amendment was a desperate attempt to continue rigging legislative and congressional district lines to suit the ambitions of powerful legislators and keep the ruling party in control.

"While purporting to create and impose standards upon the Legislature in redistricting, the amendment actually eliminates actual standards and replaces them with discretionary considerations," the court's ruling noted.

Another amendment was a grandstanding measure opposing federal health care reform that purported to "ensure access to health care services without waiting lists ..." It did nothing of the sort. The third amendment offered new property tax breaks, but the ballot language forgot to mention that it only applied to homes bought after Jan. 1, 2010.

Lawmakers think nothing of spinning fantasy to suit their own ends. Fortunately, Supreme Court justices insist on truth in ballot language.

http://www.gainesville.com/article/20100903/OPINION01/9031000/1017

Video that will change the way you think: Nestlehutt

And the opinion here:

From the opinion:

Because the amount of damages sustained by a plaintiff is ordinarily an issue of fact, this has been the rule from the beginning of trial by jury. See Charles T. McCormick, Handbook
on the Law of Damages § 6, p. 24 (1935).

The determination of damages rests “‘peculiarly within the province of the jury.’” (Citation omitted.) Dimick v. Schiedt, 293 U. S. 474, 480 (3) (55 SC 296, 79 LE 603) (1935).

We conclude that the noneconomic damages caps in OCGA § 51-13-1 violate the right to a jury trial as guaranteed under the Georgia Constitution.8

Consumer Financial Protection Bureau Will Protect Americans from Abusive Forced Arbitrations

Image via WikipediaThe President has signed the new Consumer Financial Protection Bureau (CFPB), under the just-passed Wall Street Reform Act, to help limit the use of abusive forced arbitration clauses in financial contracts.

“The new CFPB will help address the abusive forced arbitration practices used by banks against consumers,” said American Association for Justice President Gibson Vance. “Congress must now pass the Arbitration Fairness Act to ensure these predatory clauses are banned once and for all.”

The new law addresses forced arbitration by:

• Giving the CFPB power to limit forced arbitration in financial service contracts if the bureau determines, after conducting a study, it is in the best interest of the public and for consumer protection to do so;
• providing the Securities and Exchange Commission the authority to limit forced arbitration in investment contracts, a practice that has been found to be grossly unfair to investors; and
• including a statutory ban on forced arbitration in residential mortgage agreements.

Two other bills have been introduced in Congress to stem the abusive practice of forced arbitration. The bipartisan Arbitration Fairness Act (S. 931 / H.R. 1020), sponsored by Sen. Russ Feingold (D-Wis.) and Rep. Hank Johnson (D-Ga.), would ensure that the decision to arbitrate is made voluntarily and after a dispute has arisen, so corporations cannot manipulate the arbitration system in their favor at the expense of consumers and employees. The bipartisan Fairness in Nursing Home Arbitration Act (S. 512 / H.R. 1237), sponsored by Sen. Herb Kohl (D-Wis.) and Rep. Linda Sanchez (D-Calif.), would eliminate forced arbitration clauses in nursing home contracts.

House Energy and Commerce Committee Approves Legislation to Help Hold Foreign Manufacturers Accountable for Safety

Image via Wikipedia Legislation reported out of the U.S. House Energy and Commerce Committee today will make it easier to hold foreign manufacturers accountable for the safety of their products in the U.S. legal system.

Today, foreign manufacturers are able to sell their products in the U.S. while skirting U.S. laws and safety standards. This is because bringing a case against a foreign manufacturer requires translating the papers into the language of the native country and then serving legal papers in the foreign country, adding time and expense to the legal process.

The Foreign Manufacturers Legal Accountability Act (S. 1606 / H.R.4678), sponsored by Rep. Betty Sutton (D-OH) and Sens. Sheldon Whitehouse (D-RI) and Jeff Sessions (R-AL), will level the playing field between U.S. manufacturers and foreign manufacturers while helping ensure foreign products sold in the U.S. are safe.

“We are one step closer to putting foreign corporations on notice that their products must meet our standards and be subject to our legal system,” said American Association for Justice President Gibson Vance. “Not only will American businesses be on a level playing field with foreign corporations, but consumers will now have the added security that our civil justice system offers.”

The legislation will require manufacturers to have an “agent” located in at least one state where the company does business that would accept service of process for any civil or regulatory claims. Foreign companies would then consent to state and federal jurisdiction, holding the manufacturer accountable to U.S. judicial standards.

Read more here.

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Darryl Samples Gets Justice

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Darryl Samples v. John Blay, State Court.

This is the first of an occasional series of stories detailing justice in GA.
We asked a consumer lawyer to talk about a recent case. Here you go:Call Mark Link anytime, www.linksmithpc.com

1.Tell us about your client:

Have you ever heard someone talk about when they "knew" they'd found the person that they would marry? For Darryl Samples that moment happen on his first date with his wife. They went for motorcycle ride and on that first date a common love for riding blossomed in to a happy marriage. Together they planned Darryl's approaching retirement that would include a ride across the country. He'd worked hard his whole life and this trip with the love of his life would be his reward.

2.What happened?

Darryl's pride and joy was his newly restored Harley-Davidson. One beautiful morning he decided it was time to show his co-workers his bike. It was his first time back out on it after the restoration. The guys loved it. He was as proud as could be. On his way home after work he thought about the ride he and his wife would take that night and couldn't wait to share how much his co-workers loved the restoration. Right as you get up to Peachtree Parkway on Spaulding Drive the traffic tends to back up a little, so Darryl did what a lot of folks do, he slide over in to the center turn lane to enter the turn lane at the intersection. Just then a car made a left hand turn across the lanes and directly in to Darryl. The collision threw him from the Harley and severely broke his ankle. Darryl was taken to the hospital where he underwent emergency surgery to stabilize his crushed ankle. He was discharged from the hospital with $72,000 in medical bills, a wrecked bike, and a long home confinement ahead of him while he healed.

3.Why did you file?

At first Darryl and his wife thought because there was insurance everything would be taken care of. The person who hit him had very little insurance, which was not enough to cover his medical expenses. He made a claim against his own underinsurance carrier, since he had paid for that coverage, and they denied him, leaving him frustrated and devastated. Because the insurance company was unreasonable, he was forced to bring them to court to resolve their dispute.

4.What was the result?

After Darryl and his wife filed suit, there was a mediation between the Samples and the insurance company, State Farm. The insurance company got to meet the Samples, see the impact the injuries had, and review all of the $72,000 worth of medical bills. They offered $2500 to settle the case. Quite simply they thought the whole thing was Darryl's fault. For the Samples it was like they were in a brand new accident. They decided to go to trial.

The case was tried in Gwinnett State Court in front of Judge Mock. It took about a day and half from opening statement to the jury's verdict. During the trial Darryl testified about a lot of things, but he also testified about how he felt that he did in fact share some of the blame for how the accident happened. It wasn't easy to do, to tell a group of strangers that you had a hand in what happened to you, but it was the truth, and that's the kind of guy Darryl is. The Defendant testified too, and in the end stuck to their guns that it was all Darryl's fault.

The jury awarded $416,000 in damages to Darryl, but because they too decided that both parties were at fault in the accident, the split that blame 60% to the Defendant and 40% to Darryl. As a result, Darryl only received 60% of the award, or $250,000.

5.Talk to us about the case:

Every day we make little decisions that can have great impact over the rest of our lives. For Darryl, who will never be able to ride his Harley again, his life was forever changed by the decision that he made on Spaulding Drive that day. He accepted responsibility for his actions and believed that the insurance company should have done the same.

Together Darryl and his wife are building a new plan for the future, and are thankful that they trusted the people from their community who served on the jury that week.

FBI and Marines: No Hate Crime Charge

Two U.S. Marines accused of knocking a gay Savannah man unconscious will face only misdemeanor charges in the attack after the Justice Department declined to prosecute them for hate crimes, authorities said Wednesday.

Savannah-Chatham County police arrested the Marines on June 12 after finding 27-year-old Kieran Daly unconscious on a downtown sidewalk. Witnesses said the Marines got upset because they thought Daly winked at them and attacked him as he tried to walk away.

The FBI launched a preliminary investigation into whether the attack warranted charges as a federal hate crime. Stephen Emmett, spokesman for the FBI in Atlanta, said Wednesday the Justice Department opted against pursuing hate-crime charges after reviewing the case.

"The matter now rests with local authorities," Emmett said.

The Marines accused of attacking Daly — Cpl. Keil Joseph Cronauer, 22, and Lance Cpl. Christopher Charles Stanzel, 23, — have been charged with misdemeanor battery in state court. A judge is scheduled to hear the case Sept. 9
http://www.ajc.com/news/fbi-marines-wont-be-604978.html
Source:

Barnes: Don't Monkey with Constitution

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Democrat Roy Barnes and Republican Nathan Deal squared off Saturday afternoon in their first gubernatorial debate, sponsored by the Medical Association of Georgia and other medical groups, at the Cobb Energy Performing Arts Centre.

The candidates discussed topics including health care, taxes and the state's water crisis in front of an audience of roughly 100 people, including doctors and their campaign supporters. Libertarian candidate John Monds of Cairo also shared the stage.

The two major candidates differed when asked their response to a Georgia Supreme Court ruling earlier this year that struck down a cap in pain and suffering damages awarded by juries in medical malpractice cases. Republicans have long argued that tort reform is needed to protect doctors from frivolous and costly lawsuits.

Barnes said that jurors are smart enough to award proper damages and that judges should be allowed to intervene in the rare instances in which they go overboard. Deal said he is in favor of reinstating the limits with a state constitutional amendment.

"What we know is that the tort reform that was put in place by the General Assembly had very positive effects of bringing people into the medical profession, into our state; keeping some who were already here who might have otherwise migrated to other states," said Deal.

"I do not like to monkey with the constitution," Barnes responded.

"I find it somewhat ironic that we say that jurors - drawn from registered voter rolls - don't have enough sense to decide a case of damages. But, they do have enough sense to decide who's president, governor or even who has the very breath of life taken from them in a criminal case."

Read more: Cherokee Tribune - Barnes Don t monkey with Constitution

"Torts" Not to Blame

Rep. Eric Cantor has joined the wealthy to support the insurance companies. He has signed a new anti-health care reform petition to repeal the health care bill and replace it with a plan that focuses on restricting medical lawsuits.

First, malpractice liability costs are a small part of the overall health care costs. In fact, medical malpractice costs in the last accounting were less than 1.5 percent of the more than $2 trillion-a- year health care system.

Second, tort reform won't lower costs. Case in point: In 2003, Texas passed a law limiting malpractice awards to $250,000, regardless of the severity of the claim. Since then, the cost of Texas health care has not decreased; it's increased at double the national average.

Also, the state's uninsured rate has remained the highest in the country, spending on diagnostic testing is above the national average, growth in the number of doctors has slowed, and the cost of health insurance has more than doubled.

Third, the costs we should be more concerned about are the costs of medical mishaps themselves, both in dollars and in human suffering.

Every year, 300,000 deaths in hospitals are attributed to "medical mistakes and/or malpractice." Last year, 783,936 Americans died as a result of "health care" they received both in and outside hospitals. Sometimes the "wrong" arm or leg gets cut off, patients get the wrong medication or the wrong dosage, and are injured or die. Who needs protection, patients or the insurance companies?

Insurance companies are making record profits, even in this recession. But that's not enough; they are now seeking government protection for their profits. Will Rep. Cantor desert the people of the 7th District once again and support the insurance companies at any cost?

Read original ==>> Fredericksburg.com - Torts not to blame - page 1 FLS http://fredericksburg.com/News/FLS/2010/092010/09022010/569578#ixzz0yNrEw2iL

Savannah - LNG Tankers in Streets are a bad idea

LNG Tankers on Savannah Roadways: A Dangerous and Lethal Mix



Recently a Liquid Natural Gas producer suggested it should be allowed to deliver LNG from Savannah, GA throughout the south, to include Atlanta.

From Savannahnow.com:

A new proposal from the operator of Elba Island, one of the largest importers of liquefied natural gas or LNG in the country, would have some of that natural gas stay in its liquid state and make the journey out of Elba by tanker truck. The proposed route takes 13,000- gallon double-walled tanker trucks south on the Truman Parkway and then across DeRenne Avenue to I-516. Southeast LNG wants to start its trucking operation in late 2012 with 8-10 trucks a day and ramp up to 58 trucks a day over the ensuing decade.

Both the idea of additional traffic and the transport of hazardous material on DeRenne worry some who live along the already beleaguered corridor.

The Danger?

What is the danger? Outside of normal wrecks, tankers are prone to rollovers.

LNG tankers make perfect terrorist bombs. In Savannah these trucks will pass right by Hunter Army Airfield. It is a military airfield and subordinate installation to Fort Stewart.

Hunter features a runway that is 11,375 feet (3,468 m) long and an aircraft parking area that is more than 350 acres (1.4 km²). The runway and apron, combined with the 72,000 sq ft (6,689 m²) Arrival/Departure Airfield Control Group (A/DACG) Facility and nearby railhead, allow the 3rd Infantry Division from nearby Fort Stewart to efficiently deploy soldiers and cargo worldwide. NASA identified Hunter as an alternate landing site for the Space Shuttle orbiters.

In 1944 a LNG explosion leveled one square mile of Cleveland, known as the Cleveland Disaster. The very first commercial LNG facility built in the United States in 1941, caused a major industrial accident known as the "The Cleveland Disaster." According to the U.S. Bureau of Mines report, LNG holding tanks failed and released their contents into the streets and sewers and their vaporous cloud ignited and fire engulfed the nearby residents and commercial establishments.
The Fiery Inferno Devastated One Square Mile Of Cleveland, Ohio. Liquefied Natural Gas Destroyed 79 Homes, 2 Factories, 217 Cars,7 Trailers, Left 680 Homeless,Injured 225 and Killed 131.

In 2004, a blast at Algerian liquefied natural gas plant killed 27 people.

In Savannah, they propose 58 trucks a day passing local retail stores, businesses with thousands of jobs and homes and families.

Each truck tanker will have 13,000 gallons of Liquid Natural Gas which in a wreck, if released, may convert from liquid to vapor and expand to 600 times to about 8 million gallons of gas....

This would will produce about a 5,000 degree fire.

Simply stated, this is a bad idea. Time to kill the proposal now.