TV News LIES

Tuesday, May 23rd

Last update05:20:13 AM GMT

You are here News Domestic (USA) 9/11 Case Could Bring Broad Shift on Civil Suits

9/11 Case Could Bring Broad Shift on Civil Suits

E-mail Print PDF

But something much deeper and broader was going on in the decision, something that may unsettle how civil litigation is conducted in the United States. Justice Ruth Bader Ginsburg, who dissented from the decision, told a group of federal judges last month that the ruling was both important and dangerous. “In my view,” Justice Ginsburg said, “the court’s majority messed up the federal rules” governing civil litigation.


For more than half a century, it has been clear that all a plaintiff had to do to start a lawsuit was to file what the rules call “a short and plain statement of the claim” in a document called a complaint. Having filed such a bare-bones complaint, plaintiffs were entitled to force defendants to open their files and submit to questioning under oath.

This approach, particularly when coupled with the American requirement that each side pay its own lawyers no matter who wins, gave plaintiffs settlement leverage. Just by filing a lawsuit, a plaintiff could subject a defendant to great cost and inconvenience in the pre-trial fact-finding process called discovery.

Mark Herrmann, a corporate defense lawyer with Jones Day in Chicago, said the Iqbal decision will allow for the dismissal of cases that would otherwise have subjected defendants to millions of dollars in discovery costs. On the other hand, information about wrongdoing is often secret. Plaintiffs claiming they were the victims of employment discrimination, a defective product, an antitrust conspiracy or a policy of harsh treatment in detention may not know exactly who harmed them and how before filing suit. But plaintiffs can learn valuable information during discovery.

The Iqbal decision now requires plaintiffs to come forward with concrete facts at the outset, and it instructs lower court judges to dismiss lawsuits that strike them as implausible.

More...


Most Recent Related Stories...


CA teacher cites Bible in letter to school paper, says gay people 'deserve to die'

San Luis Obispo HS teacher: Gays deserve to dieIn a letter to the student newspaper, a San Luis Obispo High School teacher quoted a...

Supreme Court ruling wipes out Republican-drawn House districts in N.C.

Supreme Court ruling wipes out NC redistrictingThe Supreme Court ruled Monday that racial considerations pervaded the way North Carolina lawmakers drew congressional...

Texas will allow adoption agencies to reject parents on religious grounds

Texas adoption bill includes religious exemptionThe Texas Legislature passed a bill extending religious liberty protections to the child welfare system, which...

In protest, students walk out on Mike Pence's Notre Dame commencement speech

Students walk out of Pence speech at Notre DameWhen Mike Pence took the stage at Notre Dame's commencement on Sunday, more than 100 students...
 
America's # 1 Enemy
Tee Shirt
& Help Support TvNewsLIES.org!
TVNL Tee Shirt
 
TVNL TOTE BAG
Conserve our Planet
& Help Support TvNewsLIES.org!
 
Get your 9/11 & Media
Deception Dollars
& Help Support TvNewsLIES.org!
 
The Loaded Deck
The First & the Best!
The Media & Bush Admin Exposed!