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#11
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I Really HATE Class-Action Lawyers (On Topic, Really!)
"tony cooper" wrote in message ... On Wed, 11 Jul 2007 03:41:54 -0700, Jerry Dennis wrote: On Jul 11, 12:49?am, Michael Benveniste wrote: On Tue, 10 Jul 2007 20:00:43 -0400, tony cooper wrote: It would be my guess that the lawyers were awarded compensation for their time in pursuing the case. Granted they were paid by their billable hour rate, which may be several hundred dollars per hour, but time and knowledge is what a lawyer has to sell. The typical class action suit takes years, thousands of hours, and other costs. Had the lawyers not spent their time on this case, they would have had those hours available for other cases. I would disagree on this point. As an example, here in NY State, attorney James Sokolov is always promoting his class-action cases on television, looking for more members. He and his firm seem to exist solely for multi-million dollar class-action suits. I'm not sure what is objectionable about that. I'm old-school enough to feel that lawyers buying TV time to hawk their services like they are selling salad shooters ("But wait, contact us now and we'll include a set of Ginsu knives absolutely free!") is despicable, but I don't see a problem in a lawyer specializing in a particular type of practice. As I've said, the class action suit does penalize an entity that is doing wrong. It allows a case to be brought forward when no single individual has suffered a significant enough, or provable enough, loss to warrant and individual suit. There's a place for them. I was party to a class action suit where a company manufactured siding that was defective. My builder chose the siding brand. I received about $1,900 in compensation. I would not have instigated a suit on my own, but was quite willing to sign a few forms to become part of the class action. I don't care how much the law firm made on the case. I'm better off by $1,900 that I would have not received otherwise, and they did all the work. In my case, I learned about the suit from a comment made by a lumber yard desk clerk. Neither the manufacturer nor the builder notified me that I had any recourse, and I thought that I would just have to pay for the replacement siding out of my own pocket. Had I learned about the suit from a television ad, I might have a different opinion about lawyers who advertise. Unfortunately, it's often the people who *really* need a good lawyer -- those who committed a crime or caused an accident -- that are ignored in the TV fire chaser ads. I have yet to see an legal ad offering to represent an individual who may have caused an auto accident, had a politician trip on his sidewalk, owned a small business that installed asbestos insulation back in 1948, etc. There's an equal need for legal representation on both sides of these issues, but most lawyers always seem to go where the most profit and publicity is. I realize we are a capitalist society, but it bugs me to see those sanctimonious legal commercials offering help to people who often never realized they were aggrieved in the first place. Bruce |
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#12
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I Really HATE Class-Action Lawyers (On Topic, Really!)
Jerry Dennis wrote:
On Jul 10, 9:04?am, Jerry Dennis wrote: http://www.jag-lawfirm.com/rare_coin_fraud.html "We'll file a class-action lawsuit for you, get a few million for ourselves, and give you a nice, shiny nickel." See subject line for closing comment. Jerry Sorry, Sam. Okay, I guess I need to elaborate some. I was a party in a recent class-action lawsuit. TracFone (a pay-in- advance cell phone provider) allegedly charged roaming charges to some of its customers. A woman complained about it and accused TracFone of not dealing with her fairly. What ultimately happened was a class- action suit was filed against TracFone which, after all of the nonsense, got the woman involved $7,000 and each of the class-action parties involved (estimated at 54,000) 20 minutes of free airtime (worth about five Sacs) if you still were with TracFone (I got a better deal with Verizon Wireless). No monetary compensation was offered nor authorized. The lawyers, on the other hand, were awarded $1,708,595.50. All of the justification provided in the settlement is pure legalese (doesn't anybody in this country speak English anymore?): http://www.wagnercase.com/Documents/...nd%20Order.pdf How many times on television have you seen, "Have you or a loved one suffered injury due to sticking a nail up your nose or in your eye? If so, you may be entitled to significant compensation." Why? Because some people were trying to win the Darwin Award? To get back to the original link I provided, this whole issue seems like some law firm decided they could spin the Cable Shopping Network's gold- and platinum-plated State Quarters infomercial into a class-action lawsuit. My only question is, "Who put the gun to the idiots' heads and forced them to buy this junk?" These class-action lawyers are absolving people for being stupid, and the lawyers are the ones reaping the benefits. We all know "Caveat Emptor" applies. But when you're looking to "get rich quick" and get spanked instead, you deserve it. Finally, to any RCC-ers who are or were attorneys, I meant nothing personal. I probably should have included "Class-Action" in the subject. But after reading my own case linked above, I'm convinced that, in class-action cases, justice doesn't matter. Things are not always as they "seem" and to generalize by projecting how things "seem" on another firm or all firms totally unrelated to your experience - an experience that no one held a gun to your head to participate in - is not reasonable. "Non sequitur" applies. It also does not follow that all people who get ripped off are stupid. Without going back to re-read the site you mentioned, I believe one of the complaints involved someone buying a MS63 and receiving an MS62. At what point is that buyer stupid? Several - not all - of the 8 itemized experiences at the web site linked are serious offenses and do not necessarily make the victims gullible or stupid. If these are common practices conducted against large numbers of people, and those people can be brought together in a class action against such practices, what is stupid about that? Have you ever tried to bring litigation against a large corporation in another state on your own? The benefits of a class action suit against most of those wrongful practices far outweigh someone's unfounded generalized concerns about attorney motive and compensation. Whether class action advertising is right or wrong has no bearing on "all" class action litigation nor does it generally reflect the value of such litigation. The link to the original thread was interesting. If the unscrupulous practices outlined are curtailed, it would "seem" that any punishment the perpetrators receive will grossly outweigh doing nothing and calling victims "stupid". Class actions allow multiple victims, who would not otherwise be able to afford to defend themselves, to do something about wrongful practices perpetrated against them. -- JMark |
#13
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I Really HATE Class-Action Lawyers (On Topic, Really!)
"Jerry Dennis" wrote:
I would disagree on this point. As an example, here in NY State, attorney James Sokolov is always promoting his class-action cases on television, looking for more members. He and his firm seem to exist solely for multi-million dollar class-action suits. Actually, the bulk of Sokolove's practice is non-class-action personal injury cases. Nor do medical class actions have much in common with the TracFone type of consumer class actions, since in medical cases damages are much higher and vary much more from individual to individual. I agree. In spite of my own personal feelings, I would hope every businessman would do the best they can for their customers. After all, that's what they get paid for. If you expect people to act against their own perceived best interests, then your hopes are destined to remain merely that. But since your own class action has nothing to do with coins, I've posted my further thoughts at: http://benveniste.livejournal.com/3797.html -- Michael Benveniste -- Spam and UCE professionally evaluated for $250. Use this email address only to submit mail for evaluation. |
#14
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I Really HATE Class-Action Lawyers (On Topic, Really!)
On Jul 11, 9:19?am, "Bruce Remick" wrote:
"tony cooper" wrote in message ... On Wed, 11 Jul 2007 03:41:54 -0700, Jerry Dennis wrote: On Jul 11, 12:49?am, Michael Benveniste wrote: On Tue, 10 Jul 2007 20:00:43 -0400, tony cooper wrote: It would be my guess that the lawyers were awarded compensation for their time in pursuing the case. Granted they were paid by their billable hour rate, which may be several hundred dollars per hour, but time and knowledge is what a lawyer has to sell. The typical class action suit takes years, thousands of hours, and other costs. Had the lawyers not spent their time on this case, they would have had those hours available for other cases. I would disagree on this point. As an example, here in NY State, attorney James Sokolov is always promoting his class-action cases on television, looking for more members. He and his firm seem to exist solely for multi-million dollar class-action suits. I'm not sure what is objectionable about that. I'm old-school enough to feel that lawyers buying TV time to hawk their services like they are selling salad shooters ("But wait, contact us now and we'll include a set of Ginsu knives absolutely free!") is despicable, but I don't see a problem in a lawyer specializing in a particular type of practice. As I've said, the class action suit does penalize an entity that is doing wrong. It allows a case to be brought forward when no single individual has suffered a significant enough, or provable enough, loss to warrant and individual suit. There's a place for them. There may be a place for them, but my case and the CSN case I originally brought up aren't. In my case, it was cheaper for TracFone to settle than fight it out in court (which, I believe, they would have won). Justice has a price. I was party to a class action suit where a company manufactured siding that was defective. My builder chose the siding brand. I received about $1,900 in compensation. I would not have instigated a suit on my own, but was quite willing to sign a few forms to become part of the class action. I don't care how much the law firm made on the case. I'm better off by $1,900 that I would have not received otherwise, and they did all the work. Your case would be the exception rather than the rule. You got sufficient compensation. I qualified for $5-$11. Even though I believe the clerks and legal aides did most of the work, the lawyers got $1.7 million. In my case, I learned about the suit from a comment made by a lumber yard desk clerk. Neither the manufacturer nor the builder notified me that I had any recourse, and I thought that I would just have to pay for the replacement siding out of my own pocket. Had I learned about the suit from a television ad, I might have a different opinion about lawyers who advertise. Unfortunately, it's often the people who *really* need a good lawyer -- those who committed a crime or caused an accident -- that are ignored in the TV fire chaser ads. I have yet to see an legal ad offering to represent an individual who may have caused an auto accident, had a politician trip on his sidewalk, owned a small business that installed asbestos insulation back in 1948, etc. There's an equal need for legal representation on both sides of these issues, but most lawyers always seem to go where the most profit and publicity is. I realize we are a capitalist society, but it bugs me to see those sanctimonious legal commercials offering help to people who often never realized they were aggrieved in the first place. Bruce- Hide quoted text - - Show quoted text - Bruce, you brought up my biggest complaint about class-action suits. The lawyers that deserve to be shot (okay, that's extreme) are the sharks looking for people just to file the suit. They could care less about their clients' compensation; they want their million-dollar fees. Jerry |
#15
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I Really HATE Class-Action Lawyers (On Topic, Really!)
http://www.wsu.edu:8080/~brians/errors/care.html
-- """Remove "zorch" from address (2 places) to reply. http://www.sirius.com/ "Jerry Dennis" wrote in message oups.com... On Jul 11, 9:19?am, "Bruce Remick" wrote: "tony cooper" wrote in message ... On Wed, 11 Jul 2007 03:41:54 -0700, Jerry Dennis wrote: On Jul 11, 12:49?am, Michael Benveniste wrote: On Tue, 10 Jul 2007 20:00:43 -0400, tony cooper wrote: It would be my guess that the lawyers were awarded compensation for their time in pursuing the case. Granted they were paid by their billable hour rate, which may be several hundred dollars per hour, but time and knowledge is what a lawyer has to sell. The typical class action suit takes years, thousands of hours, and other costs. Had the lawyers not spent their time on this case, they would have had those hours available for other cases. I would disagree on this point. As an example, here in NY State, attorney James Sokolov is always promoting his class-action cases on television, looking for more members. He and his firm seem to exist solely for multi-million dollar class-action suits. I'm not sure what is objectionable about that. I'm old-school enough to feel that lawyers buying TV time to hawk their services like they are selling salad shooters ("But wait, contact us now and we'll include a set of Ginsu knives absolutely free!") is despicable, but I don't see a problem in a lawyer specializing in a particular type of practice. As I've said, the class action suit does penalize an entity that is doing wrong. It allows a case to be brought forward when no single individual has suffered a significant enough, or provable enough, loss to warrant and individual suit. There's a place for them. There may be a place for them, but my case and the CSN case I originally brought up aren't. In my case, it was cheaper for TracFone to settle than fight it out in court (which, I believe, they would have won). Justice has a price. I was party to a class action suit where a company manufactured siding that was defective. My builder chose the siding brand. I received about $1,900 in compensation. I would not have instigated a suit on my own, but was quite willing to sign a few forms to become part of the class action. I don't care how much the law firm made on the case. I'm better off by $1,900 that I would have not received otherwise, and they did all the work. Your case would be the exception rather than the rule. You got sufficient compensation. I qualified for $5-$11. Even though I believe the clerks and legal aides did most of the work, the lawyers got $1.7 million. In my case, I learned about the suit from a comment made by a lumber yard desk clerk. Neither the manufacturer nor the builder notified me that I had any recourse, and I thought that I would just have to pay for the replacement siding out of my own pocket. Had I learned about the suit from a television ad, I might have a different opinion about lawyers who advertise. Unfortunately, it's often the people who *really* need a good lawyer -- those who committed a crime or caused an accident -- that are ignored in the TV fire chaser ads. I have yet to see an legal ad offering to represent an individual who may have caused an auto accident, had a politician trip on his sidewalk, owned a small business that installed asbestos insulation back in 1948, etc. There's an equal need for legal representation on both sides of these issues, but most lawyers always seem to go where the most profit and publicity is. I realize we are a capitalist society, but it bugs me to see those sanctimonious legal commercials offering help to people who often never realized they were aggrieved in the first place. Bruce- Hide quoted text - - Show quoted text - Bruce, you brought up my biggest complaint about class-action suits. The lawyers that deserve to be shot (okay, that's extreme) are the sharks looking for people just to file the suit. They could care less about their clients' compensation; they want their million-dollar fees. Jerry |
#16
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I Really HATE Class-Action Lawyers (On Topic, Really!)
On Wed, 11 Jul 2007 09:19:06 -0400, "Bruce Remick"
wrote: I'm not sure what is objectionable about that. I'm old-school enough to feel that lawyers buying TV time to hawk their services like they are selling salad shooters ("But wait, contact us now and we'll include a set of Ginsu knives absolutely free!") is despicable, but I don't see a problem in a lawyer specializing in a particular type of practice. Unfortunately, it's often the people who *really* need a good lawyer -- those who committed a crime or caused an accident -- that are ignored in the TV fire chaser ads. I have yet to see an legal ad offering to represent an individual who may have caused an auto accident, had a politician trip on his sidewalk, owned a small business that installed asbestos insulation back in 1948, etc. I see them all the time. I can flip to the Yellow Pages and find dozens of lawyers who will represent me in a DWI/DUI, domestic violence, probation violation, DWLS, etc, case. Some of the TV ads have this info on roll-bys. Lawyers who do DWI/DUI work frequently advertise on TV. -- Tony Cooper Orlando, FL |
#17
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I Really HATE Class-Action Lawyers (On Topic, Really!)
On Jul 11, 10:44?am, JMark wrote:
Jerry Dennis wrote: On Jul 10, 9:04?am, Jerry Dennis wrote: http://www.jag-lawfirm.com/rare_coin_fraud.html "We'll file a class-action lawsuit for you, get a few million for ourselves, and give you a nice, shiny nickel." See subject line for closing comment. Jerry Sorry, Sam. Okay, I guess I need to elaborate some. I was a party in a recent class-action lawsuit. TracFone (a pay-in- advance cell phone provider) allegedly charged roaming charges to some of its customers. A woman complained about it and accused TracFone of not dealing with her fairly. What ultimately happened was a class- action suit was filed against TracFone which, after all of the nonsense, got the woman involved $7,000 and each of the class-action parties involved (estimated at 54,000) 20 minutes of free airtime (worth about five Sacs) if you still were with TracFone (I got a better deal with Verizon Wireless). No monetary compensation was offered nor authorized. The lawyers, on the other hand, were awarded $1,708,595.50. All of the justification provided in the settlement is pure legalese (doesn't anybody in this country speak English anymore?): http://www.wagnercase.com/Documents/...nd%20Order.pdf How many times on television have you seen, "Have you or a loved one suffered injury due to sticking a nail up your nose or in your eye? If so, you may be entitled to significant compensation." Why? Because some people were trying to win the Darwin Award? To get back to the original link I provided, this whole issue seems like some law firm decided they could spin the Cable Shopping Network's gold- and platinum-plated State Quarters infomercial into a class-action lawsuit. My only question is, "Who put the gun to the idiots' heads and forced them to buy this junk?" These class-action lawyers are absolving people for being stupid, and the lawyers are the ones reaping the benefits. We all know "Caveat Emptor" applies. But when you're looking to "get rich quick" and get spanked instead, you deserve it. Finally, to any RCC-ers who are or were attorneys, I meant nothing personal. I probably should have included "Class-Action" in the subject. But after reading my own case linked above, I'm convinced that, in class-action cases, justice doesn't matter. Things are not always as they "seem" and to generalize by projecting how things "seem" on another firm or all firms totally unrelated to your experience - an experience that no one held a gun to your head to participate in - is not reasonable. "Non sequitur" applies. It also does not follow that all people who get ripped off are stupid. Without going back to re-read the site you mentioned, I believe one of the complaints involved someone buying a MS63 and receiving an MS62. At what point is that buyer stupid? Several - not all - of the 8 itemized experiences at the web site linked are serious offenses and do not necessarily make the victims gullible or stupid. If these are common practices conducted against large numbers of people, and those people can be brought together in a class action against such practices, what is stupid about that? Have you ever tried to bring litigation against a large corporation in another state on your own? The benefits of a class action suit against most of those wrongful practices far outweigh someone's unfounded generalized concerns about attorney motive and compensation. Whether class action advertising is right or wrong has no bearing on "all" class action litigation nor does it generally reflect the value of such litigation. The link to the original thread was interesting. If the unscrupulous practices outlined are curtailed, it would "seem" that any punishment the perpetrators receive will grossly outweigh doing nothing and calling victims "stupid". Class actions allow multiple victims, who would not otherwise be able to afford to defend themselves, to do something about wrongful practices perpetrated against them. -- JMark- Hide quoted text - - Show quoted text - I agree with the theory behind your logic, but my exception is in the compensation involved. Is it justice that, in my case and regardless of the negotiated agreement, the attorneys received a seven-figure fee and the other claimants received a pittance? In the overall, there were roughly 54,000 members in my suit, the value of the members' award as determined by the court was $11 each, making TracFone liable for $594,000 worth of services for everyone who responded. The lawyers received about three times the value of the total combined claimant award for their services. Jerry |
#18
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I Really HATE Class-Action Lawyers (On Topic, Really!)
My father who died recently was an obsetrician/gynecologist and was
sued once for malpractice. The patient was a 'pro bono' case...taken in at no charge. She had a problem pregnancy and went into labor about a month early. Dad was out of the country at the time and another doctor was covering his cases. The baby was born with severe problems and subsequently died. Along came the lawyers with a wrongful death suit, and guess who they sued? My father because the woman was his patient. It was settled out of court, mostly because of the lengthly trial that was anticipated. Although no determination of fault was found, my father's reputation was harmed. Hell, he wasn't even in the country when this occurred. Of course his malpractice insurance rate went up. Think about that the next time you pay your medical insurance bill or medical bill. How much less would medical costs be if it wasn't for lawsuits such as this. Also think about the cost of your prescriptions next time you see an ad on TV for medicine...but thats another rant. |
#19
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I Really HATE Class-Action Lawyers (On Topic, Really!)
Jerry Dennis wrote:
On Jul 11, 10:44?am, JMark wrote: Jerry Dennis wrote: On Jul 10, 9:04?am, Jerry Dennis wrote: http://www.jag-lawfirm.com/rare_coin_fraud.html "We'll file a class-action lawsuit for you, get a few million for ourselves, and give you a nice, shiny nickel." See subject line for closing comment. Jerry Sorry, Sam. Okay, I guess I need to elaborate some. I was a party in a recent class-action lawsuit. TracFone (a pay-in- advance cell phone provider) allegedly charged roaming charges to some of its customers. A woman complained about it and accused TracFone of not dealing with her fairly. What ultimately happened was a class- action suit was filed against TracFone which, after all of the nonsense, got the woman involved $7,000 and each of the class-action parties involved (estimated at 54,000) 20 minutes of free airtime (worth about five Sacs) if you still were with TracFone (I got a better deal with Verizon Wireless). No monetary compensation was offered nor authorized. The lawyers, on the other hand, were awarded $1,708,595.50. All of the justification provided in the settlement is pure legalese (doesn't anybody in this country speak English anymore?): http://www.wagnercase.com/Documents/...nd%20Order.pdf How many times on television have you seen, "Have you or a loved one suffered injury due to sticking a nail up your nose or in your eye? If so, you may be entitled to significant compensation." Why? Because some people were trying to win the Darwin Award? To get back to the original link I provided, this whole issue seems like some law firm decided they could spin the Cable Shopping Network's gold- and platinum-plated State Quarters infomercial into a class-action lawsuit. My only question is, "Who put the gun to the idiots' heads and forced them to buy this junk?" These class-action lawyers are absolving people for being stupid, and the lawyers are the ones reaping the benefits. We all know "Caveat Emptor" applies. But when you're looking to "get rich quick" and get spanked instead, you deserve it. Finally, to any RCC-ers who are or were attorneys, I meant nothing personal. I probably should have included "Class-Action" in the subject. But after reading my own case linked above, I'm convinced that, in class-action cases, justice doesn't matter. Things are not always as they "seem" and to generalize by projecting how things "seem" on another firm or all firms totally unrelated to your experience - an experience that no one held a gun to your head to participate in - is not reasonable. "Non sequitur" applies. It also does not follow that all people who get ripped off are stupid. Without going back to re-read the site you mentioned, I believe one of the complaints involved someone buying a MS63 and receiving an MS62. At what point is that buyer stupid? Several - not all - of the 8 itemized experiences at the web site linked are serious offenses and do not necessarily make the victims gullible or stupid. If these are common practices conducted against large numbers of people, and those people can be brought together in a class action against such practices, what is stupid about that? Have you ever tried to bring litigation against a large corporation in another state on your own? The benefits of a class action suit against most of those wrongful practices far outweigh someone's unfounded generalized concerns about attorney motive and compensation. Whether class action advertising is right or wrong has no bearing on "all" class action litigation nor does it generally reflect the value of such litigation. The link to the original thread was interesting. If the unscrupulous practices outlined are curtailed, it would "seem" that any punishment the perpetrators receive will grossly outweigh doing nothing and calling victims "stupid". Class actions allow multiple victims, who would not otherwise be able to afford to defend themselves, to do something about wrongful practices perpetrated against them. -- JMark- Hide quoted text - - Show quoted text - I agree with the theory behind your logic, but my exception is in the compensation involved. Is it justice that, in my case and regardless of the negotiated agreement, the attorneys received a seven-figure fee and the other claimants received a pittance? In the overall, there were roughly 54,000 members in my suit, the value of the members' award as determined by the court was $11 each, making TracFone liable for $594,000 worth of services for everyone who responded. The lawyers received about three times the value of the total combined claimant award for their services. Jerry And for what it is worth a insurance company will generally pay the claim. Than the insurance company increases their rates and we consumers end up paying the end costs. An don't get me started on law suites against government agencies and such the tax payer always gets it in the end. George -- Those who would give up ESSENTIAL LIBERTY to purchase a little TEMPORARY SAFETY, deserve neither LIBERTY nor SAFETY. Pennsylvania Assembly November 11, 1755 |
#20
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I Really HATE Class-Action Lawyers (On Topic, Really!)
On Jul 11, 11:09?am, "Michael Benveniste"
wrote, in part: If you expect people to act against their own perceived best interests, then your hopes are destined to remain merely that. But since your own class action has nothing to do with coins, I've posted my further thoughts at: http://benveniste.livejournal.com/3797.html Michael, I didn't respond to your website post earlier as I didn't have enough time to read it. Suffice it to say that I have now read it and find your opinions informative. Jerry |
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