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Read the rules in the OP before posting, please. In order to ensure that this thread continues to meet TL standards and follows the proper guidelines, we will be enforcing the rules in the OP more strictly. Be sure to give them a re-read to refresh your memory! The vast majority of you are contributing in a healthy way, keep it up! NOTE: When providing a source, explain why you feel it is relevant and what purpose it adds to the discussion if it's not obvious. Also take note that unsubstantiated tweets/posts meant only to rekindle old arguments can result in a mod action. | ||
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Slaughter
United States20254 Posts
On August 07 2017 10:19 Introvert wrote: Miller made Acosta look like a fool. Acosta resorted to quoting a poem ffs. Lol Acosta was making some points then Miller went off the handle with his rant that made him look like a child. | ||
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Danglars
United States12133 Posts
On August 07 2017 10:19 Introvert wrote: Miller made Acosta look like a fool. Acosta resorted to quoting a poem ffs. Though, to be honest, basing their immigration policy on a poem is no crazier than most Dem policy position supports these days. And Miller has been wonky on diving deep into policy nitty gritty under Senator Sessions (sometimes he'd do better to overview then respond in detailed manner if asked specific questions). I can't check for VODs until later in the week, but I want to see what positions he takes nowadays. | ||
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Doodsmack
United States7224 Posts
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Doodsmack
United States7224 Posts
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Karis Vas Ryaar
United States4396 Posts
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xDaunt
United States17988 Posts
On August 07 2017 13:24 Karis Vas Ryaar wrote: how does this help anyone other than people running the nursing homes? https://twitter.com/thehill/status/894299312737406976 That's a really bad and misleading headline. The rule change won't eliminate plaintiff's claims in nursing home malpractice claims. It just allows nursing homes to force them into arbitration instead. This isn't necessarily a bad thing. Juries are a damned craps shoot, and arbitration is often a better process than civil litigation. The real advantage that nursing homes get from this rule is insulation from class action lawsuits. However, those are relatively few and far between when compared to the total number of malpractice claims. | ||
KwarK
United States43675 Posts
It's a real game of idiot or shill. | ||
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Adreme
United States5574 Posts
On August 07 2017 13:41 xDaunt wrote: That's a really bad and misleading headline. The rule change won't eliminate plaintiff's claims in nursing home malpractice claims. It just allows nursing homes to force them into arbitration instead. This isn't necessarily a bad thing. Juries are a damned craps shoot, and arbitration is often a better process than civil litigation. The real advantage that nursing homes get from this rule is insulation from class action lawsuits. However, those are relatively few and far between when compared to the total number of malpractice claims. I am not smart when it comes to the law but I do know that people do things for a reason. Even if the headline did not effectively communicate the policy it did effectively communicate the purpose. I cannot see a way that this was made with the best interests of the elderly at heart. | ||
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ChristianS
United States3304 Posts
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farvacola
United States18855 Posts
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{CC}StealthBlue
United States41117 Posts
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ChristianS
United States3304 Posts
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ShoCkeyy
7815 Posts
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Slydie
1931 Posts
On August 07 2017 21:51 ChristianS wrote: Hard to believe indeed Throw out another random claim without a shred of evidence or reference. How can he get away with this? He is probably not even "lying", just talking from his own experience of people kissing his a$$=more credible than fake polls. Congrats on electing this guy! | ||
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Dangermousecatdog
United Kingdom7084 Posts
On August 07 2017 13:41 xDaunt wrote: That's a really bad and misleading headline. The rule change won't eliminate plaintiff's claims in nursing home malpractice claims. It just allows nursing homes to force them into arbitration instead. This isn't necessarily a bad thing. Juries are a damned craps shoot, and arbitration is often a better process than civil litigation. The real advantage that nursing homes get from this rule is insulation from class action lawsuits. However, those are relatively few and far between when compared to the total number of malpractice claims. Is it misleading? Perhaps. But I don't really see how forced arbitration help anybody other than those running the nursing homes. | ||
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Howie_Dewitt
United States1416 Posts
On August 07 2017 21:38 {CC}StealthBlue wrote: https://twitter.com/realDonaldTrump/status/894518002795900928 Didn't he wrote The Washington Post in the last few days because they said ISIS is taking while he is president? Was that fake news too, or is bad news about him fake news? | ||
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Doodsmack
United States7224 Posts
At 7:47 a.m. ET Monday morning, President Trump tweeted this: "Interesting to watch Senator Richard Blumenthal of Connecticut talking about hoax Russian collusion when he was a phony Vietnam con artist!" ... Blumenthal had appeared on CNN's "New Day" right around 7:45 a.m. And, in the interview, he blasted Trump -- and defended special counsel Robert Mueller's ongoing investigation into Russian meddling into the 2016 election. ... There has never been a president more obsessed with cable TV news -- and the tone and tenor of the coverage of his White House -- than this one. And it's not even close. Trump watches the shows closely, always looking for supporters and detractors -- fingers at the ready to call out hypocrites with a few taps on his phone. This is who he has been his whole life. It's who he is now. And it's who he will be even after he leaves the White House. Tigers don't change their stripes. And Donald Trump watches CNN. www.cnn.com | ||
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xDaunt
United States17988 Posts
On August 07 2017 20:29 farvacola wrote: Arbitration pretty much always favors the big guy, as do forum selection clauses and most other contractual conflict resolution terms. Here's a pretty good, though clearly critical article on the topic. No, this is an overly simplistic and incorrect way of looking at the issue. Yes, arbitration clauses prevent class actions (which I already said). What's omitted from the analysis is what arbitration does in terms of cheapening access to justice for plaintiffs. Take it from someone who routinely represents personal injury plaintiffs: the formalities of modern civil litigation -- especially in professional malpractice cases (like the nursing home cases at issue here) -- are incredibly overbearing. Any case with a value that is under $50,000 in value is cost prohibitive to litigate through trial. Frankly, I think it is foolish to litigate cases with a value of under $100,000. For professional malpractice cases (like nursing home cases), you generally should be over $200,000 given the additional standard of care expert costs. Arbitration allows the parties to closely tailor the proceedings to the need of the case by many of the formalities of civil court, thereby reducing the cost of litigation, and expanding plaintiffs' access to justice and relief for claims. Given that the vast majority of claims are not resolved in class action lawsuits, these are good tradeoffs for most plaintiffs. | ||
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IyMoon
United States1249 Posts
On August 08 2017 01:07 xDaunt wrote: No, this is an overly simplistic and incorrect way of looking at the issue. Yes, arbitration clauses prevent class actions (which I already said). What's omitted from the analysis is what arbitration does in terms of cheapening access to justice for plaintiffs. Take it from someone who routinely represents personal injury plaintiffs: the formalities of modern civil litigation -- especially in professional malpractice cases (like the nursing home cases at issue here) -- are incredibly overbearing. Any case with a value that is under $50,000 in value is cost prohibitive to litigate through trial. Frankly, I think it is foolish to litigate cases with a value of under $100,000. For professional malpractice cases (like nursing home cases), you generally should be over $200,000 given the additional standard of care expert costs. Arbitration allows the parties to closely tailor the proceedings to the need of the case by many of the formalities of civil court, thereby reducing the cost of litigation, and expanding plaintiffs' access to justice and relief for claims. Given that the vast majority of claims are not resolved in class action lawsuits, these are good tradeoffs for most plaintiffs. but if arbitration is truly the best idea in some cases wont those cases already go to arbitration? Can you think of times that the big guy (nursing homes/banks/ I am generalizing here) have wanted arbitration where the plaintiff did not that was actually a good idea for the plaintiff? | ||
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xDaunt
United States17988 Posts
On August 08 2017 01:09 IyMoon wrote: but if arbitration is truly the best idea in some cases wont those cases already go to arbitration? Can you think of times that the big guy (nursing homes/banks/ I am generalizing here) have wanted arbitration where the plaintiff did not that was actually a good idea for the plaintiff? Well, here's the rub: if there's no arbitration agreement between the parties, there's an added burden in negotiating the parameters of the arbitration. Throw this burden on top of the overall lack of creativity of trial attorneys and their desire to justify their existence to their clients, and you can get a sense for why there's so much inertia in the way of the development of alternatives to civil litigation. | ||
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