December 22, 2014
Tort System Demanded SONY Withdraw Film
[From article]
This column is about a tort system that is dedicated not to justice but to making lawyers richer, and it comes not only at the price of American prosperity but at the cost of our liberty as well.
Certainly, Sony has a yellow streak
[. . .]
So Sony, even if it wasn’t inclined toward submissiveness, had no choice but to cave-in to the Norks and pull The Interview. We have created a tort system that gave it no other choice.
[. . .]
Sony is a business; its duty isn’t to fight for our principles but to preserve and expand shareholder value. We veterans all swore to die, if necessary, to defend our Constitution, but Sony didn’t.
[. . .]
We conservatives have a pretty constrained view of the proper role of the federal government, but if its portfolio includes anything it must include defending Americans who come under attack by a foreign government while exercising their right of free speech within the United States.
But Sony was at a disadvantage because they had to rely on President Obama, who seemed bothered by the fact that this arose on the day he wanted the media narrative to focus on his footsie-playing with the Caribbean hereditary communist monarchy rather than on the antics of the Asian hereditary communist monarchy. Obama, as is his tradition, did nothing, which is what America’s enemies have come to expect. Sony was therefore utterly alone.
[. . .]
the present tort system is designed to do one thing and one thing only – make trial lawyers rich.
[. . .]
Do you feel comfortable with placing the fate of everything you worked for and built over the years in the hands of a bunch of strangers whose only qualification for the job is U.S. citizenship and a pulse? Well, that’s what our tort system does.
[. . .]
many defendants find it’s cheaper just to pay off these parasites rather than keep covering the huge bills defense attorneys like me have to send them month after month. It’s a racket and a scam, and we ought to drive a stake through its heart.
[. . .]
Start with “loser pays,” and since most plaintiff don’t have the kind of money to repay defendants when their crummy case loses, make them put down a hefty deposit on the post-judgment attorney’s fees award before filing. Will that dissuade people from filing lawsuits? Heck yeah – but hey, if your case is so awesome, get your lawyer to write a check and deposit it with the court.
Also, end awards of damages for pain and suffering – just end them. Gone. Make tort law about tangible economic losses. And watch the majority of trial lawyers have to go get real jobs.
http://townhall.com/columnists/kurtschlichter/2014/12/22/dont-blame-sonyblame-obama-and-the-tort-system-n1934189
Don’t Blame Sony – Blame Obama and the Tort System
Kurt Schlichter
Dec 22, 2014
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