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Tuesday, January 13, 2009
Phyllis Schlafly :: Townhall.com Columnist
Barack's Bailout for Trial Lawyers
by Phyllis Schlafly
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The jobless rate just hit its highest level in 16 years, 7.2 percent, which means more than 11 million Americans are unemployed. So the Democratic House responded by passing two bills making it more costly to hire workers.

Barack Obama has been preaching that our economy is in crisis and Congress absolutely must pass another mammoth stimulus package right now. "Today's jobs report," he said, "only underscores the need to move with a sense of urgency and common purpose."

But, alas, his first legislative priority is a stimulus package for trial lawyers and liberal-feminist special-interest groups. The only things these two bills will stimulate is more litigation and a further exodus of jobs out of the United States.

President-elect Obama has promised to sign these bills if the Senate passes them. They are loaded with real money, so they are a big payback to the lawyers and feminists who supported him and the Democrats in 2008.

The Lilly Ledbetter Fair Pay Act would eliminate the current statute of limitations (either 180 or 300 days, depending on the state of employment) on discrimination claims so that a worker can sue in federal court for alleged pay discrimination 20 years earlier. This bill would reverse the 2007 Supreme Court decision in Ledbetter v. Goodyear Tire & Rubber Co.

The Paycheck Fairness Act would remove existing statutory caps and allow for unlimited money damages to be awarded, even without proof of discriminatory intent. It would mandate new federal "guidelines" about the relative worth of different types of jobs, a long-sought feminist goal called "comparable worth," which means imposing wage control by freezing wages of jobs traditionally held by men and inflating wages of jobs traditionally held by women.

Obviously, these bills would expose large and small companies to vast new liabilities extending back decades. What our economy needs now is for business to hire more workers, but they are not going to do that if it means exposing themselves to expensive and frivolous litigation.

Ledbetter was employed for 19 years at Goodyear Tire & Rubber, eventually retiring with benefits. She enjoyed the advantages of this job despite receiving poor evaluations from several supervisors, which resulted in slightly lower pay than other employees.

Out of the blue, Ledbetter suddenly claimed that her supervisor, now long dead, had committed gender discrimination against her more than a decade earlier. Many trial lawyers are eager to sue deep pockets and plead for a "victim" in front of a spread-the-wealth jury in this type of case.

It's impossible to refute lies about discrimination dating back decades when supervisors and witnesses are no longer around to defend themselves. So the jury awarded Ledbetter a shocking $3,285,979 in punitive damages, plus $223,776 in back pay and $4,662 for mental anguish, thereby demonstrating how ignoring statutes of limitation is like winning the lottery.

New Haven plaintiff attorney Karen Lee Torre, who has won many sex discrimination cases, said: "I know a victim when I see one; Lilly Ledbetter is no victim. ... She hawked her case to a jury without the man she accused of sexism there to tell his side."

Imagine what this kind of verdict does to a company struggling to compete with foreign manufacturers that are not subject to this nonsense. Goodyear has manufacturing operations in 25 countries, and it would be no surprise if it downsizes its U.S. workforce even further to avoid this type of expensive litigation.

Statutes of limitation prevent frivolous cases like this, and the law under which Ledbetter sued contained such a provision. Goodyear appealed and won before the Eleventh Circuit Court of Appeals.

The Supreme Court also agreed with Goodyear, remarkably ruling that "we apply the statute as written, and this means that any unlawful employment practice, including those involving compensation, must be presented to the EEOC within the period prescribed by statute." Three cheers for the Supreme Court, which refrained from the liberal temptation to rewrite a law passed by Congress.

When Barack Obama was toadying to the trial lawyers and the feminists during last year's presidential campaign, he tried to make Lilly Ledbetter his answer to John McCain's Joe the Plumber. Ledbetter told the press that "Obama said he would see me in the White House when he signs the bill."

Liberal special-interest groups can barely control their excitement as they anticipate all this booty coming their way as they fleece businesses for alleged sins of 20 years ago. Marcia Greenberger of the National Women's Law Center, which has already made millions out of claiming discrimination but demands that the system be tilted even further against business, was photographed with House Speaker Nancy Pelosi as she rushed this bill to passage on Jan. 9.

If these two bills become law, companies will have to spend their time and money defending against frivolous claims of discrimination instead of hiring new employees and manufacturing new products for sale.

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About The Author

Phyllis Schlafly is a national leader of the pro-family movement, a nationally syndicated columnist and author of Feminist Fantasies.
 
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Liberals
Atlas shrugged!! How many jobs are gong to be lost before Libs wake up. Milwaukee Wi just voted to force companies to give 9 sick days a year besides vacation and holidays. Companies have been calling in to our talk shows and are planning to move out of the city or reduce other benifts. If Obama tries to force unemploment benifits for part time workers say by by to more jobs.We are in big trouble.

Phyllis
I wish you could write a clean column without all your personal tics & biased getting in the way and clogging up real understanding of the legislation.

You are endlessly, indefatigably on a rant about "liberal feminists" and trial lawyers and gays and atheists. That's why no serious thinker takes you seriously, Ms. Schlafly. All your discriminatory BAGGAGE constantly gets in the way between you and your column-subjects.

You need to jettison a lot of the hate you carry inside, old lady. It's only a matter of years now before you're 6 feet under. Write cleanly. Give us fresh, inspired, unadorned prose. I have no problem giving respect & props to writers I disagree with -- if they approach their subjects freshly & honestly.

You are so blinded by fear of feminists and gays and "trial lawyers" (all purpose boogeymen) that it spoils your prose.

@ will.
You're so right. Even during the 30 years of my life that I lived in the Netherlands I remember reading about this woman and her crusade against the ERA.

@ Luonne.
Nine sick days per years is hardly that many. In lots of other countries people have sick days paid out of taxes. If you're sick, you're sick, you cannot work.

william
you are such an moron. Guess what she is right on everything see says in this column. I was in business for 25 years. And guess what if this keeps going no business is going to be willing to hire any new workers because of law suits. And what is comparable worth. And talk about hate idiot. "You need to jettison a lot of the hate you carry inside, old lady. It's only a matter of years now before you're 6 feet under. Write cleanly." Your a real winner. What this country needs is a lot less liberal idiots like you. Go rejoice with your friends at daily kos where you belong. And wait until Obama starts screwing everything up. I am sure you will try to defend him even when he is causing all kinds of damage to this country. And by the looks of it you must be one of those sleazy lawyers she is talking about.

Bye America
We happily sold all of our assets and moved our company out of the United Police States of America and we will never return to the so called home of the free and the brave. It may be brave but it certainly is not free - the most controlled and imprisoned country in the world.

and as far as the awards go to so called discrimination, if John produces 100 wing dings an hour for our company and Jane puts out 10 - Damb right John should get 10 times the pay.

Rudolph
If you can't work why the hell should I PAY you?
Is that a companies function? Take up contingency planning for the individual?
Oh, and those countries with all that mandated sick time, what are their unemployment rates?

@ a.
Sicks days is all part of treating human beings in a work place in a decent way. Just like a living wage, retirement build up, etc. What century do you live in?

Will & Rudolph
It is best to ignore these two as Will thinks with feelings based out of rage over nonacceptance and Rudolph thinks only with feelings and very little reasoning or logic. Both "feel" they are owed and that a living wage does not have to be earned. Here in Europe far more people rent or live in multi-family dwellings with mom and dad because they can't afford to own a home, many have to take public transit, walk or ride bikes because they can't afford the cars and the high gas prices and unemployment is double digits in virtually every European country. But hey, they get a lot of benies at the cost of the more productive.

Unfortunately,...
... Ms. Schlafly decries bailouts for "trial lawyers and liberal-feminist special-interest groups", but not so long ago she was supporting them for Detroit automakers. Rather than decrying the use of government to give special benefits to one group over another, Ms. Schlafly only complains if special interests she doesn't like get them.

The irony....
Obama and his leftist comrades love to punish businesses with regulation and wage controls, and by giving trial lawyers and unions free reign, and then have the temerity to pitch and moan that businesses are leaving the country. Talk about not being able to see the forest through the trees.


Lawyers and others descended from worms
Anyone who believes that lawyers will self-regulate in their quest for power and wealth expects what never was and never will be.

Rudolph, what a shock that someone who spent 30 years in the Netherlands, or anywhere in Europe, has an acute case of entitlement syndrome. Apparently, personal responsibility is a difficult concept for the Dutch and/or liberals to wrap their minds around. At least the Netherlands are the major European producer of ecstasy and cannabis in addition to being an important gateway for cocaine, heroin, and hashish entering Europe... you should be very proud.

Reality check: Sick days are rarely used for sickness; a living wage increases unemployment and drives businesses out of the country, and retirement build up results in multi-billion dollar bailouts of the U.S. auto industry. For you Dutch expatriates, the bailout is funded by U.S. taxpayers.

Will, you truly are a simpleton. Your inability to differentiate between disagreement and hate speaks more to your intellect, or lack thereof, than to Schlafly's. She's a brilliant conservative activist with Phi Beta Kappa honors and a JD from Washington, a masters in Poly Sci from Harvard, and has published 20 books at last count. What are your creds, Will?

It sure was nice of you to point out that Schlafly will be 6 feet under in a matter of years. But then, won't we all be? Particularly those of us with high risk lifestyles....

article
I see it this way: The end game for liberals is to drive all employers out of work so that the government can install government employees in those dying industries. Then we will have a government controlled society. This plan has been in effect for years but using the left's legal system has made it more effective. Sue, litigate and aggitate the captialist system until it dies. The left wants today's CEOs and business owners to go out of business, ergo the bills Ms. Schlafly talks about and the demise of secret union voting, paid time off, equal pay, etc... The bail outs of today are just another way for the government to govern industry.

Small Business
Small business is going to be hurt the worst. Pop's diner can't afford law suits on top of all the other regulatory expenses he has to endure due to government over-regulation. We are in a world of hurt over the next four years. Can anybody remember the Jimmy Carter years.

History repeats itself and we are unwilling to learn from it.

Lawyers
These people are the very reason our great country is in the fix that it is in. All the double talk and deceptions have done us great harm. Now the "ONE" is going to pat them on the back and give them free reign. When will we learn?

THIS IS WHAT HAPPENS

.....When we elect lawyers and put them in charge of government .....COLOSSUS

It's OK
Let the companies leave. We have wind power. We're green. We have bail outs and stimuli. It's going to be Ok, really.

More Nutty laws
With all this crazy legislation, how can anyone even keep track?

Is it any surprise then, that companies quickly settle rather than fight?

The sad thing is that because of frivolous claims, those who have genuine concerns will be lost in the endless line of complaints.

Are we going to eventually bailout the companies that go bankrupt over these lawsuits?


will the faygut
this troll who is a voice of stupidity for another group of perpetual victims to whine th e country remains unfair.

But as we have seen in calif. with the passsage of prop 8, will and his drag queen pals and sexually confused are being nasty little shites who are taking to the streets to commit acts of vandalism because the citizens used the ballot box to deny the fayguts what they couldn't win by convincing the populace to vote for their cause.

But now will and his buddies can count on the messiah and the trial lawyers to fight in court to get them what they can't earn.

But if the faygut crowd is angry they should take it out on the dims favorite victim group. It seems black folks are even more homophobic than the general population, but gutless cowards like will and the gay rangers would rather confront old cathilic priests and parishioners than confront the ghetto clowns that voted against them

Does it hurt?
Losing the fight against feminism Phyllis?

"But, alas, his first legislative priority is a stimulus package for trial lawyers and liberal-feminist special-interest groups."

Those liberal-feminist special-interest groups, yeah, those...those are mainstream now babe.

Right On Phyllis !
One of the main reasons we moved our farming business to Brazil in 2004 was the high cost of having to hire a team of lawyers to help defend our company from present and future frivolous lawsuits.
There were other reasons too, such as the high cost of compliance with our ridiculous tax code (lawyers again...) the unbelievable amount of regulatory meddling in all of the minutiae of our business, high taxes and the list goes on.
I am surprised there are still any jobs left in the USA at all.
Prosperity comes from the actual production of tangible goods, this, due to the increasingly hostile business environment in America, is what has and will continue to cause business exodus.
Selling hamburgers or life insurance to each other, or other services simply don't produce wealth, it's tangible products like food, cars, shoes, appliances, steel, etc etc that do so!
In Brazil we don't get agricultural subsidies, on the other hand the government doesn't meddle in every aspect of our business. We are successful beyond our wildest dreams, employ over 1300 full time and over 3000 at harvest times. We sell to over 27 countries and happily pay a lot of taxes. Unfortunately we couldn't make it happen in America. You can thank our trial lawyers and politicians (most of whom are lawyers too)

sdf
that's right victim groups never go out of style But we know why single women in particular belong to the dims. They can't find a male they can treat like a slave but turn to the dims for the daddy they no longer have.

Exactly how does being a victim ever make these women winners. They win lawsuits but reside in a life of emptiness since in the end all they have is their careers and other lonely women to commiserate with

Presumptuous much?
"They win lawsuits but reside in a life of emptiness since in the end all they have is their careers and other lonely women to commiserate with"

I don't understand why you don't do palm readings with your amazing talent to tap into the minds of single women everywhere. Do you have an office I can call to schedule a reading?

“Crude classifications and false generalizations are the curse of organized life.”

George Bernard Shaw quotes

sdf
spoken like a true feminist victim

can't no, won't not and WILL NOT

will Location: CA
Reply # 22
Date: Jan 13, 2009 - 12:59 AM EST

You: I wish you could write a clean column without all your personal tics & biased getting in the way and clogging up real understanding of the legislation.

My version: I wish you could write a clean column that includes none of your experiences, and none of the knowledge you have, just write like a lib, and tell us how wonderful are the "liberal feminists" and trial lawyers and gays and atheists.

YOU: You need to jettison a lot of the hate you carry inside, old lady. It's only a matter of years now before you're 6 feet under.

My version: You need to jettison a lot of the hatefull information you carry inside your dumbhead. It's only a matter of years now before YOU’RE 6 feet under, and will no longer meet with any reasonable people.

YOU: You are so blinded by fear of feminists and gays and "trial lawyers" (all purpose boogeymen) that it spoils your way of life.

My Version: You are the one so blinded by love of feminists and gays and "trial lawyers" (all purpose boogeymen) that it spoils your way of life.

Trial lawyers and their cost
We have accepted the emergence of trial lawyers as the "good guys" coming to the rescue of those who have been abused. Nothing could be further from the truth trial lawyers are out for themselves and no one else.
First they rule the legislators in city, state and national assemblies passing laws such as Seat Belts, seemingly innocuous.
Who would not want children protected by the use of Seat Belts? The assemblies pass these laws thinking they are doing good. Seat Belts are installed in every vehicle, except , oddly, not school buses, where the cost of litigation would drive the schools out of business, and the laws must be obeyed.
Police start looking for those who disobey and arrest them causing courts to become full. Full courts mean more court rooms, more judges, more lawyers.
If Seat Belts are not used or defective guess who attacks-surprisingly the trial lawyers. Guess who makes a fortune not surprisingly trial lawyers.
If Seat Belts are such a boon to trial lawyers why don't we enforce laws on cell phones in cars.From this we shall soon see many more lawsuits and we wonder why Shakespear said we should "begin by shooting the lawyers".
With Obama in command the trial lawyers will rule[except for John Edwards, a trial lawyer, exposed as mostly a human fraud as I fear, most trial lawyers are. God bless our beloved country as we allow trial lawyers to rule.

Laws work against minorities...
Members of minorities don't realize that the laws designed to "protect" their "rights" actually work against them. For example, if I have the choice of hiring a thin white man in his thrities or an overweight black woman in her forties, I will hire the man if the two have similar education and skills. Why? Not because or racism, but becuase of the COST OF FIRING an employee. If the white man doesn't work out I can fire him - and I'll never see him again. If the black woman doesn't work out and I fire her - I'll see her in court, and I'll have to defend myself (at great exense) against charges of sex, race, age, and weight discrimination.

I refuse to play that game. Why should any businessman in his right mind pursue an action that is against his own best interests?

Members of minorities, or self-proclaimed victims, would be better off if the laws intended to protect them had never been passed. Human nature properly prompts us all to act in our own best interests, and making it impossible to fire a person is the best way to ensure that the person is never hired.

Waterboard the Lawyers......
I get so sick and tired of the average joe taking it in the shorts from people like the trial lawyers and the DEMONcrats. We have allowed them to destroy our country. They rob our families and businesses of their hard earned money under the auspices of justice and fairness. If there is a hotter place in hell they have earned it....trial lawyers and DEMONcrats...and finally it would behove all of us to remember while we can still purchase guns and ammunition to do so..that will be their next move.....bunch of heathens....
Country Boy
Brewton, Alabama
JOHN 3:16

Where does
this Congress find anyplace in the Constitution where they have the power to overturn the laws of the States?

Change we can believe in...
As an attorney, I have looked at this issue for a long time. I have come to believe that there is only one way to end the trial madness we have in this country.

Does anybody know why we are the most litigious nation in the world? One of the main reasons is because we are one of the very, very few nations that 1) does not require the loser to automatically pay the attorney's fees of the winner, AND 2) allows lawyers to use a contingency fee, where they only get paid based on a percentage of what they are able to get for their client.

If we required losing plaintiffs to pay the attorney's fees of defendants, we would have far fewer frivolous lawsuits. It's easy to sue when there is no risk and the possiblity of a major payoff if you win in the jury lotto.

Now, I do understand that many people would not be able to have representation if we eliminated the contengency fee. But what if we required any attorney who worked on contingency to pay that same percentage of the defendant's attorney fees if the plaintiff loses? Think lawyers would be a bit more careful in choosing who to represent?

Dems, Unions, Lawyers, Bailouts
Once we all have to pay dues:

We will have to PAY a democrat to get a job.

We will have to PAY a union and a union boss to work.

We will have to PAY the lawyers that control us when we lose a court battle. (Guarenteed).

We will PAY for the bailouts when all government businesses are not profitable.

With the remainder of our wealth we will pay the UN to take care of the unfortunates in the world.

When we protest we will have:

Gun Control
National Guard Police Force.
Neighborhood contacts. (Spies?)

I think this great Change and Hope is more
exciting than an orgasm and much more satisfying.




add the
card-check legislation to Phyllis's list and it's a sure-fire losing proposistion! Think things are bad now, Will and Rudolph? Ya ain't seen nothin' yet! Let's see how many businesses are still here in four years, and when it's your turn to stand in the unemployment line, and there's no job in sight, but you still have bills to pay we'll see if you still think these three pieces of legislation are worth it.

Country in peril
As of Jan.20,2008 this will most diffinetly be a country in peril. The democrates are doing everything possible (and unimaginable to honest people)that they can to make us a 3rd world country. When people vote for a person based on his race alone (white/black, and the 1/2 black is even questionable),when the people don't care if he is the most liberal, inexperienced, immoral and probably unqualified (not U.S. citizen), lying and deceitful emptly suit in politics (dirty Chicago politics at that) then we should expect nothing less than what we are getting. Greedy trial lawyers, union mafia, crooked judges and ruthless, conscienceless political associates. They carry on, sometimes almost believable, about the unemployment crisis and how they will "fix it" while they are working to destroy our businesses. And what jobs are left in this country are going to foriegn workers - not U.S. citizens. (Part of an article from Numbers U.S.A.)
The Department of Homeland Security's most-recent-year data show that the U.S. granted:
744,531 permanent green cards to working-age adults ages 20-64, and 912,735 new employment authorization documents to temporary foreign workers. That adds up to an annual rate of 1,657,266 new foreign workers (not counting illegal workers) added to our economy. There are no indications that the pace has slackened.
If the DHS continues to issue work permits and green cards at the same pace, we will see 138,000 new foreign workers arriving every month this year.
The good life is certainly over..........



@ Sharon:are all Muslims PhDs?
I am one of those evil foreigners, a greencard-holder, living in this country, taking a job that an American could do. I am also a leftist, a socialist, and I don't believe in God. I am also a European, that makes it even worse. And let's see, in my jobs overhere I worked for a German, a Pakistani, and my current supervisor is from England! There are also six Muslims where I work,all of them have PhDs (one not sure). Hence my question.

aj #32 writes: "... add the card-check

legislation to Phyllis's list and it's a sure-fire losing proposition!" BINGO!

Between will, Rudy, and sdf(the STD) there is a big "logic gap."

First of all, if things in the Netherlands are SO GREAT, one would think Rudy wouldn't have left!

And none of the three, sdf (the STD,) will, nor Rudy has actually had a cogent, logical though...

But, here's the deal. A free market society is not designed for the government to be legislating what benefits employers must provide employees.

HOWEVER, a good company will voluntarily provide benefits (including sick days, etc.) if it wants to attract good employees.

In fact, it behooves companies to provide the best benefits "it can afford" for just that reason.

If not, the companies that do not provide benefits will, more than likely, not attract the better employees, and more than likely struggle in the market place.

Logic 101, and Free Market Economy 101.

You're welcome! :-)

Great

What we need to fix this economy is non productive lawyers sucking up the lions share of the money pool. Money that could be expanding businesses and prosperity for all.

O, I forgot for a minute, money in DC grows on printing presses. We can bail out the businesses when the lawyers bankrupt them. What was I thinking?

Lawyer
Political favors for those who supported him!

O No
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