lawrocket 3 #1 August 27, 2010 The President, by and through his solicitor general, has filed a brief with the SCOTUS asking it to overturn the 2d circuit's decision in AEP v Connecticut because new environmental regulations from the EPA have nullified the common law nuisance basis for this lawsuit. http://www.nytimes.com/gwire/2010/08/25/25greenwire-obama-admin-urges-supreme-court-to-vacate-gree-42072.html The biggest loser, should this prevail? The plaintiffs' lawyers, who will have lost millions in fee income. Believe me, they're pissed. Other losers? Well, this would be a federal takeover. It sounds like with this regulation, people who are harmed would be precluded from reovering anything. Instead, any "fines" would be levied by the government and for the government. Obviously, the corporations like this set-up. They have $ignificant $tanding and tremendou$ clout with governmental agents - far more than with juries. It would also limit their liability, I reckon. While I have no issue sticking it to class counsel for Plaintiffs, I don't like the thought that people who are damaged either cannot recover damages or have to do so by getting a recovery from the government. Yes. This administration has certainly increased my trust in government. My wife is hotter than your wife. Quote Share this post Link to post Share on other sites
muff528 3 #2 August 27, 2010 QuoteThe President, by and through his solicitor general, has filed a brief with the SCOTUS asking it to overturn the 2d circuit's decision in AEP v Connecticut because new environmental regulations from the EPA have nullified the common law nuisance basis for this lawsuit. http://www.nytimes.com/gwire/2010/08/25/25greenwire-obama-admin-urges-supreme-court-to-vacate-gree-42072.html The biggest loser, should this prevail? The plaintiffs' lawyers, who will have lost millions in fee income. Believe me, they're pissed. Other losers? Well, this would be a federal takeover. It sounds like with this regulation, people who are harmed would be precluded from reovering anything. Instead, any "fines" would be levied by the government and for the government. Obviously, the corporations like this set-up. They have $ignificant $tanding and tremendou$ clout with governmental agents - far more than with juries. It would also limit their liability, I reckon. While I have no issue sticking it to class counsel for Plaintiffs, I don't like the thought that people who are damaged either cannot recover damages or have to do so by getting a recovery from the government. Yes. This administration has certainly increased my trust in government. Well, wouldn't the recent pillaging of BP, without regard to due process, provide a precedent for anyone who might have a personal claim against a corp. for any environmental harm? I know that any payments may go directly from the corporation to the harmed but they would probably still need paid representation to help fill out the forms. Quote Share this post Link to post Share on other sites