As we all know, frivolous lawsuits are impacting all aspects of life. Malpractice, Product liability, liability such as the infamous McDonald’s case, class action cases etc..

 

Litigation lawyers have concluded they can take on cases of this type, usually on a contingency basis and by simply sending a threatening letter or serving papers, get the “defendant” to the table to negotiate a settlement at no risk (and very profitable) to themselves. In other words, lawyers who see their profession as a way to get rich instead of pursuing moral justice are becoming more and more the norm rather than the exception. This “lucrative industry” has lead to there being something like 33 pages of lawyers in the Business to Business Telephone Directory in Connecticut and about 6 pages of engineers.

 

Do you know of any law that gives lawyers the right or makes it imperative upon them to set aside the transcendent “Laws of Nature and Nature’s God” in any case they find themselves involved, whether defending their client or prosecuting him? Is law about winning and losing as it appears to be today, or is it still the pursuit of justice? Do people in the legal profession even know what moral justice is or has their amorality opened the door for law being whatever they can get away with? Evidence in to many case points to the latter. All lawyers and Judges are Officers of the State. Bound by government law. When government law is no longer bound by and interpreted in conjunction with the “Transcendent Law,” then it is nothing more than  an _expression of the will and appetite of whoever is in power. It is evident, freedom from the restraints of the transcendent law is taking over in the judicial process. Some refer to it as a “living Constitution.” A document that can be interpreted any way the powers that be want.

 

Here’s a case history I personally lived through. An individual in England purchased one of the pistols our company manufactures through a distributor. He proceeded to load his own ammunition and contacted us saying he blew the gun up. No evidence was ever presented to us but he went to the English court and won his case without our company being represented. This was in 1992. Nine years later he got the English court to issue a Judgment. The company was Wildey Inc. at the time. It had gone through hard times leading to its going out of business and the assets were sold to a new corporation, Wildey F.A. Inc., which is a still in business. The English lawyer that represented this individual contacted a litigation firm in the US who decided to take the case for collection. Reading between the lines, the US firm had two goals. One collect money and the other, try and establish new law to the extent that if a company bought assets from a defunct company, it could be held liable for any liabilities the company might have incurred, regardless of how long ago and whether they were disclosed or not. Even if a company bought a companies assets at a bankruptcy sale, they could be held liable for its liabilities. I shouldn’t have to explain the repercussions throughout all industry if this should become law. It’s called “successor liability.” On the upside, we challenged this in England and killed it. The reason I am bringing it your attention is to let you know what the “legal” profession is up to.

 

The big problem is, legislatures across the country as well as the Federal legislature consist more and more of litigation lawyers. They are not about to change this blight on society where people are now seeking their fortunes in lawsuits and lotteries. If anything, the evidence points toward their expanding on it.

 

Solution! In England, Plaintiffs, if they loose, they are responsible for all cost incurred by the Defendant. This makes people think a little harder before they bring suits. I would submit a bill to make the same conditions apply here and go one further. If a lawyer handled a case on a contingency basis, he would also be liable for all cost if he lost. This would be an incentive to make sure claims had some degree of legitimacy before taking action.  The English law worked in my case as the Plaintiff was informed by his own lawyer he might loose so he agreed to drop the whole thing at the risk of incurring a large bill. I guess the American litigators thought we would role over and simply try to settle. If we had, a precedent would have been set. So be it for “law’ in America.

 

Regarding lotteries and government approved gambling: Consider, these activities became legal after government determined it get a cut in the proceeds. Even today, if you and I sat down and played penny poker, we would be subjecting ourselves to arrest, not so much for gambling, but not giving the government its cut. Same rules that the mob uses when you cut in on its turf. Right up until the 1960’s gambling was looked upon as smoking is looked upon today. It was bad for your mental health and addictive. It impacted society in a negative way. Yes, Nevada had legal gambling. The State was an enigma in our society. No one spoke of the virtues of gambling but like smoking and drinking it was recognized as an undeniable choice. What does this tell us about the government we have created? Is satisfying its appetite what’s paramount; more important than establishing it as a role model for moral responsible living. Obviously YES.

 

Government not only condones taxable gambling but spends millions upon millions to promote it. Seems to me the tobacco industry did the same thing. They promoted something that was harmful to peoples health and that great “moral arbiter” took up the cause and, your right, fattened its pockets with the proceeds of its lawsuits.

 

Isn’t it time we looked at the big picture. Time we looked at ourselves and started by bringing one better person to society. As the government is a window to the values of the people, we have it within our power to change our values which it turn would lead to a change in government. Morally, economically and in every other way you can think of our current course is taking us down.

 

We must start getting up in the morning and concentrating on what we can produce in all aspects of life instead of getting up as predators motivated by consuming all we can. I am not writing this like some sort of holier than thou being. I am no better and no worse than anyone else, subject to the same temptations but fighting to resist them. Self-government is imperative unless you are happy with being governed.

 

One other thing I should mention, Indian owned Casinos. The Bureau of Indian Affairs should be done away with. Look: If you are born here you are a native. Indians didn’t emerge from blades of grass, they came here. The only thing we are discussing is when they came versus when we came. Also, have you met an Indian who does not hold US citizenship. How can anyone have citizenship and not share equally in the assets and liabilities associated with said citizenship? But wait! Think of how this has benefited the government we serve. It can get around laws against gambling and establish Casinos which in turn, fatten its coffers. It always seems that is the end result. Bigger and fatter government; that is our life calling and the ends always justify the means.