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Discussion in 'The Okie Corral' started by ERASER, Oct 25, 2012.
California.... that explains it all
That could happen in any number of states.
Remember the burglary suspect who fell through a window while breaking into a home in another state (NY?) and successfully sued the home owner?
These sorts of civil lawsuits stopped being surprising many years ago ... in quite a number of states.
This wouldn't happen if the old guy had aimed better. Just saying.
The defense lawyer says, "it was a drug deal gone bad" ??
He's accusing the 90 year old man of being a drug dealer?
That lawyer needs to be disbarred, unless there's something might unusual going on.
We desperately need to adopt a "loser pays" system with respect to civil suits.
A lot fewer attorneys would be willing to push frivolous crap like this if they knew the trial expenses would be coming out of their own pockets in the event of a loss.
We have it in Kentucky, for self-defense, defense of others and defense of property. If you are sued and found to be justified, the person suing you has to pay your attorney fees and any costs, lost wages, etc.
However, as the guy said, I'd counterclaim against him anyhow. He pays the filing fee, it's an instant win once he is convicted and then you can take anything he's got or gets or, just for fun, take whatever few dollars he deposits in his inmate account from his prison job.
We had an armed robber here who won the lottery after getting out of prison and got $100+ million - victim, unfortunately, didn't sue within the statute of limitations.
In Texas, in self defense cases if your actions are are found to be justifiable in criminal court you are immune to any civil lawsuit over the issue.
Not in my state!
It won't happen in my state. Or other free states such as Texas who not only respect a homeowners right to protect and defend themselves, but grant them immunity from civil suits if they are found to have lawfully done so.
California only cares to squeeze their citizens of taxes and freedoms. They could care less if you can defend yourself or not.
Well, I guess it's possible that the 90 year old man actually had five handguns stashed in his bathroom, but I think it's far more likely that the media is wrong.
As a lawyer for 34 years, I say that the plaintiff's attorney should face heavy sanctions for a totally ridiculous, frivolous lawsuit.
I like your style Mr. Tull.
As I read it, it's not the villain suing. It's the villain's father an attorney suing. I'd charge both under RICO for deriving a living from felonious activity, or something like that. I'm a little addled just now, so I'm not thinking exactly clearly. I'd definitely countersue the attorney and father and take the attorney for all he can.
Just need to implement a system where if the suit is determined to be frivolous, the lawyer that filed it, gets disbarred.
Same here, but the immunity doesn't actually prevent filing the suit, so we have a penalty if they do.
That's definitely one of the things I love about Texas.