The Instigator
C-Mach
Pro (for)
Losing
9 Points
The Contender
ABNYU
Con (against)
Winning
33 Points

Protect Our Manufacturers NOW!!! Implement Tort Reform.

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Voting Style: Open Point System: 7 Point
Started: 12/16/2007 Category: Politics
Updated: 9 years ago Status: Voting Period
Viewed: 1,535 times Debate No: 530
Debate Rounds (3)
Comments (5)
Votes (14)

 

C-Mach

Pro

Our manufacturers are going out of business because of frivolous lawsuits that are designed for the sole purpose of extorting money. I think we should implement a system where the loser of the lawsuit pays all royalties and legal fees to act as a deterrent.
ABNYU

Con

Haha...wow. This is pretty funny actually.

Tort reform?

Let me begin by noting that this would be changing the most basic laws that our system was built upon. And while I'm not exactly conservative on this issue, tort law is something that doesn't really need to be messed with seeing as it has been the same forever.

I might agree that some lawsuits are frivolous...but I think if they are taken to court, a just decision will be made. If a company did something wrong...tort law holds them accountable on the most simple level.

I'd really like to talk a lot more about this, I just didn't have a lot to refute. Could you please expand on your alternative to the current system?
Debate Round No. 1
C-Mach

Pro

You're right, people should be held accountable, and that includes manufacturers. But seriously, this is a major drag on our economy! I mean, come on. We could have had this YEARS AGO. YEARS AGO!!! But no, Bill Clinton didn't sign the bill that would make this happen, and, even though we've had the greatest economy in the history of the world, especially now, this would make it take off LIKE A ROCKET!!! Manufacturers would no longer be threatened by frivolous lawsuits. I'm not saying that they would be absolutely impervious to lawsuits, but the likelihood of that type of lawsuit (frivolous lawsuit with sole intent of financial gain, not compensation for damages inflicted) occurring would be reduced dramatically, and people who wanted actual compensation could still sue.
ABNYU

Con

I'm sorry, the law still protects against this.

No damages, no case.

That's about all there is to it.

Tort law in the status quo prevents that from happening. If it can be proven that they are in it for only financial gain...then the case is dropped.

Are you suggesting that we make it against the law to bring up a "frivolous" lawsuit?
Debate Round No. 2
C-Mach

Pro

Yes, I am. What's wrong about that? Every other country has this system, and it works swimmingly. And hey, it's also constitutional.
ABNYU

Con

Alright...I'll tell you what's wrong with that.

In recent years, perhaps decades, people like you have been pushing for tort reform claiming that "frivolous" lawsuits are causing a halt in economic development. However, the court cases in which you speak of are rarely frivolous and hardly lucrative.

Look at the following:

"Bush and other proponents of so-called "tort reform," (the limitation of Americans' legal rights), have based their assertion that consumers pay a $200+ billion cost for our legal system on a study by the insurance industry-consulting firm, Tillinghast-Towers Perrin. Yet, data from the Congressional Budget Office, Business Week, and now the Economic Policy Institute (EPI) all discredit this report. EPI concludes that TTP's cost estimates are one-sided, inflate the impact of the tort system and ignore its benefits, and that corroboration supporting their numbers is weak or nonexistent. [Economic Policy Institute, 5/17/05]"

-American Association for Justice

"According to the U.S. Bureau of Justice Statistics from 2005, the number of tort cases resolved in U.S. district courts experienced a 79 percent decrease between 1985 and 2003. On the state level, the number of tort cases dropped by nearly 32 percent between 1992 and 2001."

This is also from the AAJ. Basically what I am saying is that there is NO reason whatsoever to change the most basic laws in our system just because you think it is a problem.

ONCE AGAIN, the current system already provides for all of the problems that you are speaking of. Frivolous lawsuits are in nobody's interest. Nobody gets paid unless they win.

It's called Rule 11.
http://www.lectlaw.com...
Take a look at it...pretty simple really.

Don't underestimate Tort law. The protections really ARE there.

Everyone look to this when voting:

Although C-mach points out that frivolous lawsuits can be damaging...they don't really exist in the status quo and our laws actually prevent them. It is that simple.
Debate Round No. 3
5 comments have been posted on this debate. Showing 1 through 5 records.
Posted by cherrychocolate 9 years ago
cherrychocolate
I liked the debate but I think the most impressive part was how concise it is, you proved your point without waxing so wordy as I tend to do
Posted by C-Mach 9 years ago
C-Mach
Same thing here. Interesting debate.
Posted by ABNYU 9 years ago
ABNYU
Hey C-Mach,

Nice debate...it was a really interesting topic.
Posted by C-Mach 9 years ago
C-Mach
To add on to my Round 3 entry, just for clarification, I mean for it to act as a deterrent. Okay? Good.
Posted by ABNYU 9 years ago
ABNYU
I'm sorry, the law still protects against this.

No damages, no case.

That's about all there is to it.

Tort law in the status quo prevents that from happening. If it can be proven that they are in it for only financial gain...then the case is dropped.

Are you suggesting that we make it against the law to bring up a "frivolous" lawsuit?
14 votes have been placed for this debate. Showing 1 through 10 records.
Vote Placed by lacanrox 8 years ago
lacanrox
C-MachABNYUTied
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Vote Placed by Murphy_is_Law 9 years ago
Murphy_is_Law
C-MachABNYUTied
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Vote Placed by polishgirlinar 9 years ago
polishgirlinar
C-MachABNYUTied
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Vote Placed by kenito001 9 years ago
kenito001
C-MachABNYUTied
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Vote Placed by teev 9 years ago
teev
C-MachABNYUTied
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Vote Placed by RepublicanView333 9 years ago
RepublicanView333
C-MachABNYUTied
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Vote Placed by jazz123 9 years ago
jazz123
C-MachABNYUTied
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Vote Placed by abney317 9 years ago
abney317
C-MachABNYUTied
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Vote Placed by megan91509 9 years ago
megan91509
C-MachABNYUTied
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Vote Placed by TwinDragon 9 years ago
TwinDragon
C-MachABNYUTied
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