Wednesday, May 20, 2009

Finally -- Attorneys Paid in Discount Coupon for Feminine Products

Nah, sorry, that's just too good to be true. Almost though...

Actually, the Ca Supremes dealt a setback to tort reform, legislating from the bench again. More on that later.

Who among us hasn't received that notice where you get a discount coupon for your next movie, only to find out attorneys bounce out of court with millions? Why don't those lawyers also get paid in discount coupons?

Los Angeles County Superior Court Judge Brett Klein thought so as well. Asked to approve a class-action settlement, he ruled the plaintiffs attorneys be paid in same kind as plaintiffs. Ten dollar gift cards to the Windsor Fashion Store, which sells womens dresses for every occasion.

Makes you want to say: Yes! In your Face!

An ex-girlfriend once told me that 'woman' or 'womens' in the name of the store is code for 'plus size'. Doesn't apply here, but it would make it funnier...

Then, wouldn't you know, another judge overturned the order in February and "awarded Yorba Linda lawyer Neil B. Fineman $125,000 in fees instead of gift cards." So it didn't last.

California Supremes Deal Setback to Tort Reform

In 2004 California passed Proposition 64, designed to limit attorney fees as well as promote tort reform. Prop 64, along with support from judges like Brett Klien, had put CA on the road to leading the nation in tort reform.

On Monday, the California Supreme Court reversed the tort reform trend. "The ruling was the state high court’s most significant interpretation of Proposition 64, the 2004 initiative that limited suits under a major consumer law to people who claimed they had lost money or property as a result of a company’s wrongdoing."

In other words, the California Supremes are legislating from the bench again.

Tort Reform will never happen as long as attorneys make the rules.

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