The Absolute Worst of the American Civil "Justice" System

[DGS49]

Larry Nassar abuse survivors to receive $380m settlement

Hundreds of women abused by the ex-US gymnastics team doctor reach a settlement with USA Gymnastics.

www.bbc.com

This settlement brings to the public the absolute worse aspects of the American civil "justice" system. Let me count the ways:

• Vicarious liability is usually bullshit; it is bullshit in this case. The person responsible for bad actions is....[wait for it]...the BAD ACTOR. Not his boss, not the president of his company, not his company, not his parents, and not the ratepayers of the various liability insurance companies. The Bad Actor. That's who is responsible.
• Vicarious Liability comes as an outgrowth of "deep pockets" law. Deep Pockets is the doctrine that when the Bad Actor is not sufficiently wealthy or insured, you sue the nearby person with the greatest ability to pay, then invent some reason why that unfortunate person is at fault. This invention of fault is usually bullshit.
• There is no logical connection between harm done and money, unless the injury incapacitates the victims, which did not occur in this case. Not a single plaintiff was unable to compete or perform due to these imaginary injuries. Regardless, the money doesn't eliminate or mitigate the harm. It merely enriches the harmed people and their lawyers.
• In this case, nobody was physically harmed. Nobody was raped. If the perpetrator got his jollies from what he was doing, it was all in his mind. Many, if not most, of the victims had to be told that they were victims before they recognized it and the mental anguish occurred. Paying such people millions of dollars to compensate for these largely imaginary injuries is stunningly stupid.
• None of the defendants will pay a dime of this, other than possibly some legal fees. It will all come from corporate funds or insurance proceeds. In effect, "we" will be paying for this settlement.
• The perpetrator is in jail. At that point, this story should have been over.

The worst of the American civil justice system. Read it and weep. It costs us all dearly.

And by the way, referring to his victims as "survivors" is a semantic abomination that should be punishable by death.

 

[pknopp]

The argument is that it wasn't just him that allowed what he did to happen.

It's no different than the Catholic Church being sued for what priests did. The church did nothing to stop it.

 

[Otis Mayfield]

Mass shooting have brought some litigation against the FBI lately.

$88 million for the church shooting in Charleston.

$120 million for the school shooting in Florida.

Why? Because the FBI didn't stop the shooter.

I don't think that's fair. We tax payers are paying those settlements, BTW.

 

[DGS49]

I fully understand the vicarious liability "argument." It is bullshit.

Here is a DOCTOR who is universally considered the top guy in his field, and his superiors should have known that he was fondling his patients? Bullshit.

 

[Votto]

Mass shooting have brought some litigation against the FBI lately.

$88 million for the church shooting in Charleston.

$120 million for the school shooting in Florida.

Why? Because the FBI didn't stop the shooter.

I don't think that's fair. We tax payers are paying those settlements, BTW.

The FBI is too busy chasing after parents at school board meetings to be bothered

Yea, they should continue to sue these partisan hacks.

 

[pknopp]

I fully understand the vicarious liability "argument." It is bullshit.

Here is a DOCTOR who is universally considered the top guy in his field, and his superiors should have known that he was fondling his patients? Bullshit.

Absolutely they should have.

 

[MaryL]

I am still scratching my head over the Derek Chauvin "guilty of murder" verdict. If that singular case isn't doesn't bring the entire justice system into question then nothing will. We remember, by the way, all those involved. We remember. Minnesota Judicial Branch - Home