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Arkansas Supreme Court tossed tort reform off the ballot
Posted on 10/18/18 at 3:20 pm
Posted on 10/18/18 at 3:20 pm
6
Posted on 10/18/18 at 4:03 pm to Harry Rex Vonner
Hmm. I will be voting no on issue 5. Also i really didnt know where i stood on 1. My wife who is a nurse bought into her work propaganda about voting yes for it. I hadnt looked into the other sides propaganda to see whos was more palatable.
Posted on 10/18/18 at 4:30 pm to Harry Rex Vonner
For those of us with an IQ lower than 90, explain this in layman’s terms. Haha
Posted on 10/18/18 at 4:30 pm to Harry Rex Vonner
As long as minimum wage goes up I'm happy
Can't keep flipping burgers.
Can't keep flipping burgers.
Posted on 10/18/18 at 5:05 pm to Hogwarts
quote:
For those of us with an IQ lower than 90, explain this in layman’s terms. Haha
I'm not familiar with the whole law side of it, but as far as most physicians are concerned Arkansas is one of the few states that have uncapped damages for medical mistakes and few protections from litigation. This rule would have capped damages for pain or distress @500k and 500K for treatment in addition to capping lawyer cut of the awards.
Posted on 10/18/18 at 6:07 pm to Harry Rex Vonner
I can’t take any credit for it but know a number of lawyers who should receive the credit and I was opposed to it for various reasons. It will come back again as was true in past sessions. The most revolting thing about it for me was the provision where the legislature would take over the rulemaking power of the courts. I’ve always believed in three co-equal separate branches of government and one branch should not be able to dictate to the other branch how its powers are to be exercised, provided, of course, that the powers are exercised constitutionally.
I also didn’t like the part about setting up a contingency fee limit regarding attorney-client contracts in all kinds of cases whether or not they involved personal injury. I’m not aware of such regulation of other professions especially by putting it in the constitution no less. I believe in the free market system and freedom of contract especially where no monopoly exists. Last time I checked we have no shortage of lawyers.
I also didn’t like the part about setting up a contingency fee limit regarding attorney-client contracts in all kinds of cases whether or not they involved personal injury. I’m not aware of such regulation of other professions especially by putting it in the constitution no less. I believe in the free market system and freedom of contract especially where no monopoly exists. Last time I checked we have no shortage of lawyers.
Posted on 10/18/18 at 6:16 pm to Litigator
quote:
most revolting thing about it for me was the provision where the legislature would take over the rulemaking power of the courts
I didn't know enough about the issue 1 to give an informed opinion, but i would have before voting. this would have been enough for me to vote no on it.
It seems to me the reason it was struck down was because of this. Basically 2 seperate bills in one, and all the ads made it entirely about one issue, and left all of that out.
Posted on 10/18/18 at 6:27 pm to Litigator
quote:
The most revolting thing about it for me was the provision where the legislature would take over the rulemaking power of the courts. I’ve always believed in three co-equal separate branches of government and one branch should not be able to dictate to the other branch how its powers are to be exercised, provided, of course, that the powers are exercised constitutionally.
Great summary. Anyone voting for issue 1 has no clue what they are voting for.
Posted on 10/18/18 at 6:43 pm to russellvillehog
I’ll link the actual opinion but because it had so many different parts which addressed different things, this was a major problem for the amendment and led to its demise on the “germaneness” issue. I know some people wanted it voted on just because there was so much in it there was bound to be something in it that a voter would not like even if they agreed with other provisions. LINK
This post was edited on 10/18/18 at 6:46 pm
Posted on 10/18/18 at 6:52 pm to Litigator
I was and still am definitely against it.
Posted on 10/18/18 at 7:48 pm to Harry Rex Vonner
I'm a strong YES on this issue
Posted on 10/18/18 at 8:15 pm to Pigfeet
quote:Of course you are. You just can't turn it off, can you?
I'm a strong YES on this issue
Posted on 10/18/18 at 9:04 pm to Ronaldo Burgundiaz
I was never a fan of the legislation taking over control. I’m very involved in foster care issues and they have that all kinds of screwed up. Thankfully they are starting to privatize some aspects of the system though.
Did this just limit punitive damages or all of it?
Did this just limit punitive damages or all of it?
Posted on 10/19/18 at 9:51 am to Razorback Reverend
quote:
I was and still am definitely against it.
Agree. Each case is different and should be awarded as such.
Posted on 10/19/18 at 9:53 am to Ronaldo Burgundiaz
quote:
Of course you are. You just can't turn it off, can you?
Because I don’t think like you?
Posted on 10/19/18 at 9:57 am to boogiewoogie1978
quote:
Agree. Each case is different and should be awarded as such.
Agree also, everyone can probably admit there's some bs cases out there but that doesn't mean that all are bs or fit into the same box.
Posted on 10/19/18 at 10:20 am to piggilicious
Everybody is just looking for an easy payday, while the rest of the country pays these outrageous settlements.
But please continue
But please continue
Posted on 10/19/18 at 10:30 am to Pigfeet
I didn't submit a message? My crazy as puter.
This post was edited on 10/19/18 at 10:31 am
Posted on 10/19/18 at 10:48 am to piggilicious
Wut?
Posted on 10/19/18 at 11:08 am to Pigfeet
Shut up
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