NOTE: Free essay sample provided on this page should be used for references or sample purposes only. The sample essay is available to anyone, so any direct quoting without mentioning the source will be considered plagiarism by schools, colleges and universities that use plagiarism detection software. To get a completely brand-new, plagiarism-free essay, please use our essay writing service.
One click instant price quote
Passage of the Class Action Fairness Act is good for America Class-action lawsuits have become a problem in the United States. The judicial system is not fair. It is unbalanced, it is tilted, " said President Bush. "And members around this table understand that, and members around this table are willing to set aside their political party to do what is right for worker and business owner alike, " he added, as he met with both Democrats and Republicans from the House and Senate. (1) My opinion is that it is the right thing to pass the Class Action Fairness Act in America. Today, the courts are becoming more and more a joke. A person in America seems to be able to file suit against a company for anything in the world.
The suits reach such proportions, that there were lawsuits against McDonalds for causing obesity: McDonalds can see it coming: a flood of lawsuits blaming the food giant for widespread obesity. Nearly 1 / 3 of the U. S. population is clinically obese, and you can bet most of those people eat at McDonalds with some frequency. To combat this expected lawsuit threat, McDonalds is shaping up their menu. (1). How can you blame McDonalds for making the nation obese?
Isnt every persons personal to choice whether to eat junk food and thus raise your weight, or to stop eating hamburgers and start eating salads? The worst part is that in the state courts, these lawsuits are most likely going to be won by the people. There are different arguments against this Bill. Some of these arguments say that this Bill protects only the companies without helping the people exercise their constitutional rights, but arent the people being the first to be harmed by the class action lawsuits? For just giving one example (out of the vast number that exist): my wife told me that she was one of the beneficiaries of a class-action lawsuit that brought a settlement of more than $ 100 million.
It turned out that this was a lawsuit in behalf of some stockholders, and her few shares of stock would receive 58 cents each -- minus various deductions. What about the lawyers who won this settlement? They would receive more than $ 25 million for their services. (3) Senators who back the bill say that lawyers make more money from such cases than do the actual victims, and that lawyers sometimes threaten companies with class action lawsuits just to get quick financial settlements. Regular people, they assure, will not lose their day in court. (2) This is the exact reason why this bill is a must.
The primary reason of this act is to protect the consumers! Poor people think that they will be able to make money and teach the wrongdoer a good lesson, but the only think that they succeed in doing is making the lawyer rich. Another argument against the class action legislation is that a lot of class action lawsuits will not reach the federal courts, and thus a lot of people will be left without any chance to be protected from the wrongdoers. This statement is not true at all, because the lawsuits will become actually reasonable At least $ 5 million would have to be at stake for a federal court to hear a class action suit. (2), will definitely reach the court, and will get a justified trial, unlike the trials that were taking place in the state courts. There is another argument that is being widely discussed, the fact that the Senate only cares of the profits of big companies and doesnt protect the least powerful in our society.
How can this statement be justified? The American economy loses a lot of money, because of the class action lawsuits that are being held in the state courts. The local judges settle the suits for the lawyers, the lawyers get big money, and the consumers get couple of pennies. The company that the suit was against loses, pays the money and goes bankrupt or is left without income. This chain leads to the fact that the company doesnt pay its taxes and the economy of the United States of America loses. So you can conclude that the lawyers have actually taken money out of your own pocket and put it in theirs, because if the big companies dont pay taxes, than the ordinary people have to pay the taxes in order for the whole country to live.
In conclusion, I can only say that this bill protects every single American, from being deceptively robbed by dishonest lawyers. If you are truly wronged you will have a chance to go to court, but with a fair law attorney, who will care for your good and not his own pocket. Bibliography. Meso Link org. web Senate Says Yes To Lawsuit Limits.
CBS News homepage. Washington, Feb. 11, 2005 web Thomas Sowell. Big-Bucks Class Action Lawsuits: Sharing the Lawsuit Wealth (August 3, 2004) Capitalism magazine. web
Free research essays on topics related to: big companies, class action, lawyers, state courts, lawsuits
Research essay sample on Class Action State Courts
