Wednesday, June 28, 2006

Culture Wars Take Three

Ok, I promise this is the last post on this subject for my very first day of blogging. I just saw This new post at Uncommon Descent by DaveScot. Man this burns me.


The people have been stripped of this right to be judged by a jury in federal constitutional rights cases by the prevalent practice of seeking only injuctive relief (technically less than $20 in damages) and using exhorbitant attorney fees as a proxy for punitive damages. Punitive damages are explicitely intended to have a chilling effect on the cause of action. Legal fees are not supposed to be punitive damages but simply reimbursing of legitimate expenses to the prevailing party. But when legal fees hit the seven figure ballpark as it did in Kitzmiller v. Dover School Board they cease being a legitimate expense and become a proxy for punitive damages.


That's a dirty way to get around federal laws. The quick and dirty version is that if the party making the complaint asks for less than $20 in damages, then the defendant is not entitled to a jury trial. Then, instead of asking for huge damages, the party making the complaint tells their lawyers to charge a ridiculous amount of fees that can be claimed as compensation. This is EXACTLY what happened in Dover, PA last year. This tactic uses the threat of huge losses to the defendant, while at the same time denying the right of jury trial to the defendant. It's legal bullying.

It's a shame when the liberal left is in control of everything, and still has to resort to dirty pool. Kind of makes you wonder what they're so afraid of. (Good thing we have Dr. Dembski and DaveScott to keep bringing this stuff in front of the public.)


1 Eloquent Orations:

On 7/03/2006 10:47:00 AM, Blogger JanieBelle waxed damned near poetic whilst opining...

Closing this thread due to incivility.

 

Oratory is now open to everyone. PLEASE don't make me moderate it. Also, be kind enough to sign your orations.

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