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Reasons why New York Sucks

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aravenel

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btw, this is exactly why the US desperately needs a loser-pays rule for torts. They can bankrupt that driver even if he wins the case. Meanwhile, allred will take the thug's case on contingency. He has nothing to lose. She stands to lose some time and money but will in either outcome gain priceless publicity.

The only loser is the driver--whehter he wins or loses. The process IS the punishment.


Completely agreed.
 

GothamRed

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The queen of bottom feeders

btw, this is exactly why the US desperately needs a loser-pays rule for torts. They can bankrupt that driver even if he wins the case. Meanwhile, allred will take the thug's case on contingency. He has nothing to lose. She stands to lose some time and money but will in either outcome gain priceless publicity.

The only loser is the driver--whehter he wins or loses. The process IS the punishment.

There "sort of" is in many states, where a plaintiff is responsible for a defendant's costs if the defendant prevails by judgment in a strictly tort case, but of course legal fees usually aren't included, so it isn't much.

His insurance company certainly won't be paying the rates top-notch defense counsel charge in New York, so he's either coming out of pocket for great counsel or biting the bullet in another sense. Assuming, of course, the insurer provides a defense, even under reservation (given that at least some of the coming tort claims are likely to be intentional rather than negligence).

I learned last night that the driver and his family actually live in my building, which explains all of the press/photographers that have been camped out in front of my building.
 

lawyerdad

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is it too early for a "now he finally has a set of wheels that he can legally use" type of joke?

:)

oh jesus ******* christ


This
The queen of bottom feeders

btw, this is exactly why the US desperately needs a loser-pays rule for torts. .

This is probably a separate thread, and it's not really my area, but I think for this to be effective there would have to be a mandate that at least a portion of the cost-shifting is allocated the plaintiff's lawyer and not just the plaintiff.

There "sort of" is in many states, where a plaintiff is responsible for a defendant's costs if the defendant prevails by judgment in a strictly tort case, but of course legal fees usually aren't included, so it isn't much.


Yes, in most jurisdictions the recoverable costs are so narrowly defined as to make it not even worth attempting to collect them in most cases. Regardless of where one comes down on the policy issue of whether or not moving to a stronger cost-shifting paradigm is desirable, it's pretty clear that such a system would need to include attorneys' fees (which dwarf all other litigation expenses) to make a real difference.
 

ehkay

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Irrationally excited

W2R7az5.jpg
 

lefty

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I had no idea how big a deal these things are here. Helpful hint - pull out the rubber bit and clean it once a week. The underside collects a bit of everything that passes through.

lefty
 

aravenel

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How'd you swing that? Thought they were illegal here.
 

lefty

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I know a guy who knows a guy.

They're not illegal any longer.

Quote:
Apparently they're such a hot item they get mentioned in RE ads.

lefty
 

aravenel

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Very cool. I always had one until I moved here. Definitely wouldn't mind having one again.
 

ehkay

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It's not in NY, but since I didn't have one for the past few years, it counts as a RWNYS.
 

Johdus Fanfoozal

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Is there really that huge an upgrade in quality of life by putting your food scraps down the drain rather than scrape them into a garbage bag and place said bag down the garbage chute?

Just asking is all, since this brother has never had a garbage disposal.
 

Manton

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yes
 

ehkay

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The first time you wake up hungover and try to make eggs, I'd say the difference becomes clear.
 

ter1413

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