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View Diary: When do we stop burying our children and bury these bastards, instead? (355 comments)

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  •  Joieau, "CT" is only "CT" if... (4+ / 0-)
    Recommended by:
    Joieau, oldpunk, PavePusher, gerrilea

    you weren't in the room for the discussion.

    We've been "gamed" by politicians for a long-long time.
    They honed their skills on Native Americans, though as said in Reel Injun - "we were here before either term applied".
    They perfected their skills on African-Americans, and the Chinese migrant laborers.

    There's less questions about the origins of our World War II "surprise attack".
    Though I don't doubt FDR's being correct about the threat the Axis would have eventually been - if we just kept on sleeping.  Pearl Harbor could have been Port of Los Angeles, and/or New York Harbor.

    We're living the USA PATRIOT Act, as law-enforcement was "unduly inhibited" from gathering intelligence, making detentions, and preventing terrorism.  How?
    "Due Process" as defined in the Fourth and Fifth Amendments.
    Pesky Taliban-loving Judges, who actually wanted "Probable Cause" and would not accept:

    "... trust me, we'll find something to arrest him/her on."
    Something had to be done, as we slept through several reasonable warnings of an impending attack.
    Did we improve our reporting system?  No.  We shredded the Fourth and Fifth Amendments - long hoped-for in the Law Enforcement community.

    What's not said in the diary:  The Tiahrt Amendment was in response to a never-ending array of lawsuits, used by Brady & Co to exact a litigation cost upon gun makers, and sellers.

    If we can't legislate you out of existence - then we're going to bankrupt you in pre-trial hearings:

    Wrongful death lawsuit
    Dismissed.
    Re-filed in the neighboring County.
    Dismissed.
    Re-filed in the neighboring County.
    Dismissed.
    Re-filed as a Product Safety lawsuit.
    Dismissed.
    Re-filed in the neighboring County.
    Dismissed.

    Re-filed in each State, in each County, by pro-bono lawyers looking for the reputation, and a 1/3 of settlement stipend.

    That's not addressing the litigation by city, county and state attorneys, seeking reparations.

    The USA would be "dry" if we applied the same techniques towards the beer, wine and spirits makers, distributors and dealers.
    I'd have monetary reparation for my knees, hip, shoulder and back - injured from repeated damage doing automobile extrications.  Why sue Hurst or Lukas Rescue tools, as they didn't cause the collision, nor were they defective.  The operator had a vehicle which travelled 40,000 miles without incident - so it's not the car maker.  The operator has driven for 4 years without incident, so obviously there's no culpability there.
    Responsibility must lie with the makers and vendors of alcoholic beverages.
    The public health costs of which are staggering.  The attendant crimes committed under the influence, include murder, manslaughter, assault, rape, incest, battery, domestic abuse, child abuse, fraud, and illegal operation of vehicles, aircraft, boats and recreational vehicles.

    That millions of people have alcohol is of no concern to me.
    That millions of people do not commit crimes under the influence is of no concern to me.
    There's nothing that's so important, not even a good Flambé - that alcohol makers and vendors should continue to get this "free pass" from our legislators.  We need to have every tool at our disposal.

    The BATFE continues to turn a blind eye to this carnage and....

    Have I made my point?

    •  I thought both sides pay to litigate (3+ / 0-)

      "used by Brady & Co to exact a litigation cost upon gun makers, and sellers"

      Are the Brady folks getting a free ride?

      Doesn't the gun culture have at least as much money as the other side? The strategy you're describing should be self defeating, or, at worst, a draw.

      There can be no protection locally if we're content to ignore the fact that there are no controls globally.

      by oldpotsmuggler on Mon Jan 07, 2013 at 01:47:04 PM PST

      [ Parent ]

      •  I believe from some of your comments (1+ / 0-)
        Recommended by:
        gerrilea

        you may be an attorney.  If I'm wrong, then I'm confusing you with another person.

        As you're no doubt aware, there are idealist attorneys who will file motions "on behalf-of" pro-bono.

        IF they happen to hit one out of the park, and choose to take a portion of the award or settlement by statute, it's decent compensation.

        The concept was to drive dealers (least cash on hand) out of business, followed with small makers, then make the balance sheet look too terrible for investors owning shares of major makers.

        Option B, raise the cost of guns so that only the likes of Dick Cheney and Mitt Romney could own them.
        Of course, if you're making 6 million off of cocaine sales, what's a $2000 Smith & Wesson between associates?

    •  Ah, I'm old. (1+ / 0-)
      Recommended by:
      DefendOurConstitution

      I've seen some shit, and played in it more than once. I've even spent seven long years of my life suing for negligent malpractice, having to fight every step of the way to legally address an outstanding outrage. I won, it was not an easy victory and it's not without its detriments on details. Fortunately, it only cost us about $100K all told.

      I've met the court system. It's not a pleasant experience, but I dealt with it. Your post is pure garbage... propaganda.

      •  You were suing on merits. (2+ / 0-)
        Recommended by:
        ER Doc, gerrilea

        I've participated, and been deposed for Medical Malpractice lawsuits.  Like suing a Police Department, it's uphill for the injured party all the way.

        That's a far different issue than filing lawsuits against a manufacturer or dealer, seeking inflict a "death of a thousand cuts".  
        If Bushmaster had to hire Council to appear against a lawsuit in every county where someone ever used a firearm?

        wikipedia:
        There are 3,033 organized county or county-equivalent governments in the United States according to 2007 Census of Governments.

        What's the minimum per diem for a Corporate Council?
        $1000?  
        $3,033,000 per day.

        http://www.bradycenter.com/...

        http://www.ncpa.org/...

        http://www.commondreams.org/...

        I'm digging for some old HCI/LCAV pdfs which detail the goal or plan of action.  I'll provide them when I do.

        •  The "Deep Pockets" in our case (1+ / 0-)
          Recommended by:
          43north

          were voluminous. Lawyers do all that - there's often money interests THEY go after that the litigant knows nothing about and never intended to sue. It was explained to me that every touchstone of responsibility up the line is potentially a defendant. And the lawyer will file accordingly based on who's got enough money to bother going after.

          We went through three lawyers in seven years. And four different judges. For us justice needed serving. There is no actual profit in justice - lawyers always get their take, it's what they do for a living. For the rest of us there is only what passes for justice in this world. Poor reflection that it is, it's better than nothing. Honest.

          •  Well said. (4+ / 0-)
            Recommended by:
            sethtriggs, Joieau, glorificus, gerrilea

            A friend just settled on a wrongful death lawsuit for misdiagnosis of what I held as readily evident to a paramedic.

            "Go home, see your doctor for a follow-up appointment."

            His wife, dead, 3 hours later.  Heart attack.  
            CLASSIC female presenting signs.  Back pain, restlessness, discomfort, fatigue, sullen mood.

            I asked:  Did you get enough?

            No... the bastards paid, but I can't even discuss it with you, or make it known to anyone else, particularly the media.
            Can you watch my truck, some notes I'd rather keep confidential are in there.  I'll be right back.
            His idea of "justice" was a public acknowledgement of wrongdoing.  Not cash.

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