A trend in Tort Reform laws: No-fault, no individual freedom and no responsibility

A trend in Tort Reform laws:
No-fault, no individual freedom and no responsibility

Nipawin - By Mario deSantis and reviewed by James deSantis, August 15, 2000

to have a remedy
Since I have been writing about no-fault insurance in Saskatchewan I have done some

reading and I find to my dismay that no-fault has become an international lobbying

movement camouflaged as "Tort Reform⁽¹⁾." Tort law is that component of the justice

system which deals with our fundamental right against a tort, that is an

injury or damage that we have experienced as the result of a wrong committed by another

person or business. The fundamental right to have a remedy against a tort doesn't arise

from a statute law, that is a law passed by a legislative body, but it arises from

''immemorial' time when justice was performed in accordance to the customs and

traditions of a people⁽²⁾. And this kind of justice system is called "Common Law" as

opposed to the "Statutory Law" enacted by a legislative body.

multinational corporations
Common Law develops with the cumulative individual court decisions of the judiciary

body, and it coexists with the Statutory Law. What is happening today is that big

multinational corporations have been increasing their power to such an extent that

governments have abdicated their responsibilities to service their citizens and instead

they are serving themselves⁽³⁾ along with the vested interests of the big multinational

corporations.

usurping the traditional Common Law
Ralph Nader has pictured the big multinational corporations as private parliaments

where business is conducted through one-sided pre-printed contracts and where the

other side, the consumers, sign on the dotted line. The big multinational corporations

are not limiting themselves to behave as private parliaments, they are now taking over

the governments and through their lobbying, junk researches, bribes, expensive

propaganda and economic power are usurping the traditional Common Law sphere

of competence and influence governments to enact Tort Reform, that is legislation

which includes no-fault provisions and which takes away the individual right to sue

for the perceived wrong of another person or business.

individual rights
These big multinational corporations have controlled our media and influenced the

public and juries to believe that litigations have gone out of control, and that we have

now "a litigation explosion, a lawsuit crisis, a liability crisis, an insurance crisis,

skyrocketing jury awards, unscrupulous attorneys, and on, and on⁽⁴⁾." Tort reforms

are in practice no-fault legislative provisions which take away the individual rights of

people to sue and go to court.

a political wrong
I remember when David Milgaard got some $10 million dollars as compensation for

the wrong of being put in jail for twenty-three years for a crime he didn't commit⁽⁵⁾.

Was this settlement too big for a political wrong which destroyed the life of Milgaard

and the lives of his mother, father, sisters and brother⁽⁶⁾?

human rights are not protected
We hear from time to time of huge of compensation settlements or judgements on

behalf of individuals, but the truth is that most of the litigations are between businesses⁽⁷⁾,

and in this regard we can refer to the continuous and voluminous lawsuits experienced

by high tech business in Silicon Valley. It is wrong to have no fault legislation against

the interests of individual consumers, and it is more wrong in Saskatchewan where there

is no provision for class actions, where legal contingency fees are prohibited, and where

human rights are not protected⁽⁸⁾.

victims have been suing
Last week, Bridgestone/Firestone has voluntarily recalled some 6.5 million tires which

have been linked to the death of about fifty people⁽⁹⁾. And you know why they have

been recalling these tires? It is because lawyers for the families of the victims have

been suing Bridgestone/Firestone for the defects of their tires.

no
responsibility
Think about no fault and you realize that it means no responsibility. And talking on

Saskatchewan no-fault insurance, Ralph Nader has stated

"they had an arcane few lines that immunized municipalities who did not repair highways which lead to crashes and injuries. They are virtually immune from lawsuits. And guess what? You have also immunized General Motors and Toyota and other auto companies and repair companies from liability, unless you're rich and you can tweak them for a few bucks, about $50,000... They must have been clicking champagne glasses in Detroit, figuring, 'Boy, they have trouble with the English language in Saskatchewan' They swept us right in with the immunity crowd⁽¹⁰⁾."

individual freedom
Saskatchewan's no fault insurance constitutes a further erosion of individual rights and

now that this government has been trying to sell this no-fault insurance scheme through

the deviant research of Dr. David Cassidy⁽¹¹⁾ we must fight it at any cost. And let us

recall that our individual freedom has a price much higher than no-fault insurance, and

that individual freedom, contrary to what big multinational corporations say and what this

government says, is at the core of our social and economic progress, and it is fundamental

for our justice system and constitution of our laws.

--------------Endnotes:

1.
-
Improving the American Legal System: The Economic Benefits of Tort Reform http://www.house.gov/jec/tort/tort/tort.htm

2.
-
The History of the Common Law of England by Matthew Hale 1713 http://www.yale.edu/lawweb/avalon/econ/hale01.htm

3.
-
Governments must stop serving themselves and their friends, by Mario deSantis, February 13, 2000

4.
-
-
Civil juries and the politics of reform, by Stephen Daniels & Joanne Martin ix-x (1995). Refer to Tort Reform 1999: a building without a foundation, by Robert S. Peck, Richard Marshall, Kenneth D. Kranz http://www.law.fsu.edu/journals/lawreview/downloads/272/Peck.pdf

5.
-
Milgaard's $10 million compensation: covering up the personal assets of our policing Saskatchewan Government, by Mario deSantis, June 24, 1999

6.
On Milgaard's Compensation of $10 Million, by Mario deSantis, June 14, 1999

7.
-
Refer to Jury: Disney owes $240M for stealing ideas, USATODAY.com Daily Briefing, Mon, 14 Aug 2000 02:13:04 MDT

8.
-
A case for Legal Class Actions and Contingency Fees against Saskatchewan's No-Fault Government, by Mario deSantis and reviewed by James deSantis, June 28, 2000

9.
-
Firestone Recalls Millions of Tires. Move Comes as Officials Check Possible Link to Highway Deaths August 10, 2000 http://abcnews.go.com/sections/us/DailyNews/firestone-recall000809.html

10.
-
-
Ralph Nader speaks out against No-Fault in Saskatchewan...Transcripts from 1998, University of Regina, Saskatchewan, May 19, 1998 http://www.angelfire.com/nf/coalitionagainstnf/Ralph_Nador.htm

11.
-
The incredible abuse of Saskatchewan No-Fault insurance (Part 1), by Mario deSantis, May 28, 2000 and reviewed by James deSantis

*A trend in Tort Reform laws:* *No-fault, no individual freedom and no responsibility*

Nipawin - By Mario deSantis and reviewed by James deSantis, August 15, 2000

to have a remedy	Since I have been writing about no-fault insurance in Saskatchewan I have done some
	reading and I find to my dismay that no-fault has become an international lobbying
	movement camouflaged as "Tort Reform⁽¹⁾." Tort law is that component of the justice
	system which deals with our fundamental right against a tort, that is an
	injury or damage that we have experienced as the result of a wrong committed by another
	person or business. The fundamental right to have a remedy against a tort doesn't arise
	from a statute law, that is a law passed by a legislative body, but it arises from
	''immemorial' time when justice was performed in accordance to the customs and
	traditions of a people⁽²⁾. And this kind of justice system is called "Common Law" as
	opposed to the "Statutory Law" enacted by a legislative body.

multinational corporations	Common Law develops with the cumulative individual court decisions of the judiciary
	body, and it coexists with the Statutory Law. What is happening today is that big
	multinational corporations have been increasing their power to such an extent that
	governments have abdicated their responsibilities to service their citizens and instead
	they are serving themselves⁽³⁾ along with the vested interests of the big multinational
	corporations.

usurping the traditional Common Law	Ralph Nader has pictured the big multinational corporations as private parliaments
	where business is conducted through one-sided pre-printed contracts and where the
	other side, the consumers, sign on the dotted line. The big multinational corporations
	are not limiting themselves to behave as private parliaments, they are now taking over
	the governments and through their lobbying, junk researches, bribes, expensive
	propaganda and economic power are usurping the traditional Common Law sphere
	of competence and influence governments to enact Tort Reform, that is legislation
	which includes no-fault provisions and which takes away the individual right to sue
	for the perceived wrong of another person or business.

individual rights	These big multinational corporations have controlled our media and influenced the
	public and juries to believe that litigations have gone out of control, and that we have
	now "a litigation explosion, a lawsuit crisis, a liability crisis, an insurance crisis,
	skyrocketing jury awards, unscrupulous attorneys, and on, and on⁽⁴⁾." Tort reforms
	are in practice no-fault legislative provisions which take away the individual rights of
	people to sue and go to court.

a political wrong	I remember when David Milgaard got some $10 million dollars as compensation for
	the wrong of being put in jail for twenty-three years for a crime he didn't commit⁽⁵⁾.
	Was this settlement too big for a political wrong which destroyed the life of Milgaard
	and the lives of his mother, father, sisters and brother⁽⁶⁾?

human rights are not protected	We hear from time to time of huge of compensation settlements or judgements on
	behalf of individuals, but the truth is that most of the litigations are between businesses⁽⁷⁾,
	and in this regard we can refer to the continuous and voluminous lawsuits experienced
	by high tech business in Silicon Valley. It is wrong to have no fault legislation against
	the interests of individual consumers, and it is more wrong in Saskatchewan where there
	is no provision for class actions, where legal contingency fees are prohibited, and where
	human rights are not protected⁽⁸⁾.

victims have been suing	Last week, Bridgestone/Firestone has voluntarily recalled some 6.5 million tires which
	have been linked to the death of about fifty people⁽⁹⁾. And you know why they have
	been recalling these tires? It is because lawyers for the families of the victims have
	been suing Bridgestone/Firestone for the defects of their tires.

no responsibility	Think about no fault and you realize that it means no responsibility. And talking on
	Saskatchewan no-fault insurance, Ralph Nader has stated
	"they had an arcane few lines that immunized municipalities who did not repair highways which lead to crashes and injuries. They are virtually immune from lawsuits. And guess what? You have also immunized General Motors and Toyota and other auto companies and repair companies from liability, unless you're rich and you can tweak them for a few bucks, about $50,000... They must have been clicking champagne glasses in Detroit, figuring, 'Boy, they have trouble with the English language in Saskatchewan' They swept us right in with the immunity crowd⁽¹⁰⁾."

individual freedom	Saskatchewan's no fault insurance constitutes a further erosion of individual rights and
	now that this government has been trying to sell this no-fault insurance scheme through
	the deviant research of Dr. David Cassidy⁽¹¹⁾ we must fight it at any cost. And let us
	recall that our individual freedom has a price much higher than no-fault insurance, and
	that individual freedom, contrary to what big multinational corporations say and what this
	government says, is at the core of our social and economic progress, and it is fundamental
	for our justice system and constitution of our laws.

--------------Endnotes:

1. -	Improving the American Legal System: The Economic Benefits of Tort Reform http://www.house.gov/jec/tort/tort/tort.htm

2. -	The History of the Common Law of England by Matthew Hale 1713 http://www.yale.edu/lawweb/avalon/econ/hale01.htm

3. -	Governments must stop serving themselves and their friends, by Mario deSantis, February 13, 2000

4. - -	Civil juries and the politics of reform, by Stephen Daniels & Joanne Martin ix-x (1995). Refer to Tort Reform 1999: a building without a foundation, by Robert S. Peck, Richard Marshall, Kenneth D. Kranz http://www.law.fsu.edu/journals/lawreview/downloads/272/Peck.pdf

5. -	Milgaard's $10 million compensation: covering up the personal assets of our policing Saskatchewan Government, by Mario deSantis, June 24, 1999

6.	On Milgaard's Compensation of $10 Million, by Mario deSantis, June 14, 1999

7. -	Refer to Jury: Disney owes $240M for stealing ideas, USATODAY.com Daily Briefing, Mon, 14 Aug 2000 02:13:04 MDT

8. -	A case for Legal Class Actions and Contingency Fees against Saskatchewan's No-Fault Government, by Mario deSantis and reviewed by James deSantis, June 28, 2000

9. -	Firestone Recalls Millions of Tires. Move Comes as Officials Check Possible Link to Highway Deaths August 10, 2000 http://abcnews.go.com/sections/us/DailyNews/firestone-recall000809.html

10. - -	Ralph Nader speaks out against No-Fault in Saskatchewan...Transcripts from 1998, University of Regina, Saskatchewan, May 19, 1998 http://www.angelfire.com/nf/coalitionagainstnf/Ralph_Nador.htm

11. -	The incredible abuse of Saskatchewan No-Fault insurance (Part 1), by Mario deSantis, May 28, 2000 and reviewed by James deSantis