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The Library => The SGA => Topic started by: Tiger Wench on May 25, 2011, 12:26:11 PM

Title: The TX Lege is kicking some MAJOR ass this year (mostly)
Post by: Tiger Wench on May 25, 2011, 12:26:11 PM
First Voter ID - now you must show a gin-you-wine government issued photo ID in order to perform your sacred civic duty by voting for your governmental representatives.  HUGE step towards eliminating voter fraud.  The "disenfranchisement of the poor and downtrodden ZOMG!" argument no longer holds water - the argument by the libs was that poor people could not affford an ID, meaning that only people who could pay for an ID could vote, so that constitutes a poll tax... but now, per a ruling by SCOTUS, the TX law authorizes the state to issue a free ID card to anyone who can prove citizenship and residency.  Suck it, pinkos and race pimps.

And now?  Having enacted tort reform a few years back, thereby sending the number of medical professionals moving to Texas through the ROOF, the next bill that is about to pass is Loser Pays... and I like the spin TX is putting on it. 

Quote
Senate unanimously passes Loser Pay bill
 ByChristy Hoppe

3:17 PM on Tue., May. 24, 2011

After a streamed-lined rewrite, the Senate voted 31-0 for a bill that provides early dismissal of meritless lawsuits and could allow a judge to make the loser in the case pay the legal fees of the prevailing side.

The Texas Supreme Court also would be assigned the task of writing rules so that lawsuits for under $100,000 in damages, legal fees and other costs could be expedited through the system. The new rules should provide a slimmed down,less costly provision for discovery so that the cases might be resolved more quickly and cheaply, according to the bill.

 The bill is narrower than sweeping and more controversial changes sought under the House bill, which provided "loser pay" penalties for cases that were not deemed frivolous. The issue has been championed by Gov. Rick Perry, who designated the bill a state emergency.

Many states and the federal system already have the motion to dismiss process, but only Alaska has a loser pays system.

The Senate sponsor Sen. Joan Huffman, R-Southside Place, said the bill will make the civil court system "more efficient" and "accessible" to both parties in a lawsuit.

 On Tuesday, Perry commended those who had worked on the bill -- including Huffman, Sen. Robert Duncan, R-Lubbock, and Rep. Brandon Creighton, R-Conroe. The bill still must return to the House for consideration of the changes.

"HB 274 strengthens our legal system by relieving Texans of the burdens created by frivolous and drawn-out lawsuits, expediting legitimate legal claims and cracking down on junk lawsuits," Perry said.

He said he would sign the bill when it hit his desk.

The ambulance chasing trial lawyers are LOSING THEIR SHIT!!!  Considering that they are the single largest source of funding for the Dimocrap party in TX, they are freaking the fuck out. 

And since most judges in TX are of a conservative bent, you better think damn good and hard before you file a suit for some fake slip and fall in Wal Marks...

The only bad thing I have seen this session is the sonogram bill, which Perry signed.  Now, in order to get an abortion in TX, the doc has to perform a sonogram and describe the anatomy of the fetus in detail, and indicate the heartbeat.  The woman does not have to watch, but the doc has to do it.  NONE OF ANYONE'S FUCKING BUSINESS.  I do not want to get into a pro-life/pro-choice debate here, but this is intrusive and an invasion of privacy unlike any other.  It makes TX look like some fucking backwards morally self-righteous  religious cult.  Perry signed it because he wants the ultra conservative vote when he runs for President, which he claims he is NOT doing (pffft, whatever.  Just go ahead and admit it, Himbo...)  But it sucks BAD.

Otherwise, pretty awesome stuff.






Title: Re: The TX Lege is kicking some MAJOR ass this year (mostly)
Post by: AWK on May 25, 2011, 12:37:33 PM
First Voter ID - now you must show a gin-you-wine government issued photo ID in order to perform your sacred civic duty by voting for your governmental representatives.  HUGE step towards eliminating voter fraud.  The "disenfranchisement of the poor and downtrodden ZOMG!" argument no longer holds water - the argument by the libs was that poor people could not affford an ID, meaning that only people who could pay for an ID could vote, so that constitutes a poll tax... but now, per a ruling by SCOTUS, the TX law authorizes the state to issue a free ID card to anyone who can prove citizenship and residency.  Suck it, pinkos and race pimps.

And now?  Having enacted tort reform a few years back, thereby sending the number of medical professionals moving to Texas through the ROOF, the next bill that is about to pass is Loser Pays... and I like the spin TX is putting on it. 

The ambulance chasing trial lawyers are LOSING THEIR SHIT!!!  Considering that they are the single largest source of funding for the Dimocrap party in TX, they are freaking the fuck out. 

And since most judges in TX are of a conservative bent, you better think damn good and hard before you file a suit for some fake slip and fall in Wal Marks...

The only bad thing I have seen this session is the sonogram bill, which Perry signed.  Now, in order to get an abortion in TX, the doc has to perform a sonogram and describe the anatomy of the fetus in detail, and indicate the heartbeat.  The woman does not have to watch, but the doc has to do it.  NONE OF ANYONE'S FUCKING BUSINESS.  I do not want to get into a pro-life/pro-choice debate here, but this is intrusive and an invasion of privacy unlike any other.  It makes TX look like some fucking backwards morally self-righteous  religious cult.  Perry signed it because he wants the ultra conservative vote when he runs for President, which he claims he is NOT doing (pffft, whatever.  Just go ahead and admit it, Himbo...)  But it sucks BAD.

Otherwise, pretty awesome stuff.
You know what's pretty funny and ironic... The Loser Pays laws have been proven to discourage cases with merit equally as much as meritless ones.
Title: Re: The TX Lege is kicking some MAJOR ass this year (mostly)
Post by: GarMan on May 25, 2011, 12:43:36 PM
You know what's pretty funny and ironic... The Loser Pays laws have been proven to discourage cases with merit equally as much as meritless ones.

As it should... 
Title: Re: The TX Lege is kicking some MAJOR ass this year (mostly)
Post by: AWK on May 25, 2011, 12:48:39 PM
As it should...
So...a person should be denied their day in court in order to deny a meritless law suit that would most likely be thrown out in due course anyway?
Title: Re: The TX Lege is kicking some MAJOR ass this year (mostly)
Post by: Tiger Wench on May 25, 2011, 12:48:49 PM
I don't think so, with the safeguards they have built in this time.  The TX Supremes will be writing the guidelines, so while the judge has a lot of discretion to decide on the merits of a case, it is not an automatic loser pays system - if the judge deems it meritless and frivilous, then the loser pays law kicks in.  And note that it was a UNANIMOUS vote of the TX Senate, which, while majority (R), still has a (D) presence.

My excitement is due to the HUGE number of true bottomfeeders here in Houston - the ones who lie out their ass to sign a client, and then pocket huge proceeds when it settles because the business has no choice in order to avoid court.  These scum will be the ones hurt by this, not the reputable firms.



Title: Re: The TX Lege is kicking some MAJOR ass this year (mostly)
Post by: GarMan on May 25, 2011, 12:59:00 PM
So...a person should be denied their day in court in order to deny a meritless law suit that would most likely be thrown out in due course anyway? 

Who said that?  Nobody will be "denied their day in court" as long as they're willing to cover the expenses of a potential loss.  If you have a case that has merit, deemed by reasonable standard, and you believe that it's strong enough to win at trial, you go for it.  This makes too much sense. 
Title: Re: The TX Lege is kicking some MAJOR ass this year (mostly)
Post by: AWK on May 25, 2011, 01:00:53 PM
Who said that?  Nobody will be "denied their day in court" as long as they're willing to cover the expenses of a potential loss.  If you have a case that has merit, deemed by reasonable standard, and you believe that it's strong enough to win at trial, you go for it.  This makes too much sense.
It is not that straight forward, sorry.  You could think you have the best case in the world, best evidence, etc... and still lose by jury.  What then?
Title: Re: The TX Lege is kicking some MAJOR ass this year (mostly)
Post by: Tiger Wench on May 25, 2011, 01:06:59 PM
It is not that straight forward, sorry.  You could think you have the best case in the world, best evidence, etc... and still lose by jury.  What then?

Read the article again.  The expedited process and application of judicial discretion means that there is less chance of a meritless case even MAKING it to a jury.  Simply LOSING does not make it meritless - someone wins, someone loses in every case, right? 

Plus, everyone in a local court system knows who the scumsuckers are - the lawyers who will take any case they might can scrape up off a floor.  People develop reputations - and a judge is probably going to be less likely to toss a case from a good lawyer, and more likely to toss one from a notorious douchbag.  Here in Houston, the Steve Adlers (the Texas HAMMER!!) and the Moylston "firm" are the ones freaking.  Moylston actually ran ads encouraging people to call their state reps, saying that this law would deny EVERYONE their day in court and would keep you from getting money to which you are "entitled"... it's "firms" like this that make me ill.

Title: Re: The TX Lege is kicking some MAJOR ass this year (mostly)
Post by: GarMan on May 25, 2011, 01:16:55 PM
It is not that straight forward, sorry.  You could think you have the best case in the world, best evidence, etc... and still lose by jury.  What then? 

Don't take everything to court...  It's pretty simple.  Not everything requires litigation.  Sometimes, you just have to get up, dust yourself off and get on with your life. 
Title: Re: The TX Lege is kicking some MAJOR ass this year (mostly)
Post by: AWK on May 25, 2011, 01:26:35 PM
Don't take everything to court...  It's pretty simple.  Not everything requires litigation.  Sometimes, you just have to get up, dust yourself off and get on with your life.
Right.
Title: Re: The TX Lege is kicking some MAJOR ass this year (mostly)
Post by: Saniflush on May 25, 2011, 01:30:18 PM
Not everything requires litigation.  Sometimes, you just have to get up, dust yourself off and get on with your life.

You realize you just said this to a lawyer right?
Title: Re: The TX Lege is kicking some MAJOR ass this year (mostly)
Post by: GarMan on May 25, 2011, 01:37:05 PM
You realize you just said this to a lawyer right? 

Should I expect a bill? 
Title: Re: The TX Lege is kicking some MAJOR ass this year (mostly)
Post by: Saniflush on May 25, 2011, 01:39:11 PM
Should I expect a bill?

Yes.  Rounded to the nearest 1/10th of an hour.
Title: Re: The TX Lege is kicking some MAJOR ass this year (mostly)
Post by: GH2001 on May 25, 2011, 02:10:46 PM
Rick Perry is still schizo and a terrible governor. God I hope that assclown doesnt run for POTUS.
Title: Re: The TX Lege is kicking some MAJOR ass this year (mostly)
Post by: GarMan on May 25, 2011, 02:23:08 PM
Yes.  Rounded to the nearest 1/10th of an hour.

FTFY... 
Title: Re: The TX Lege is kicking some MAJOR ass this year (mostly)
Post by: Snaggletiger on May 25, 2011, 02:27:05 PM
Man's gotta' eat.