Re: American fines

Every now and then i read news articles that make me wonder about the USA. I hope someone here can shed some light on this for me.

The thing I am wondering is how american justice decides on the costs of fines.

Example:
A private school (in the US) would not allow a 13 year old boy to attend the school due to the fact he is HIV-positive. The family started a lawsuit and won. The school now has to pay that family a whooping 700.000,- dollar fine to the family.



How on earth does that figure take form? On what basis did the family get awarded that money? I just plainly dont understand.
Wouldnt it be fairer to force the school to take on the boy, perhaps free of tuition fee?


*note: this is not to discuss the example i gave. Im just curious about the grounds these fines are based on.

<@Nolio> Ilu was the man back in the day,he even made monkeywrench and arganon look good for half a round =p
<@iluvatar> it is my grandest achievement
<@Nolio> *half a round  =p
<@iluvatar> still
* Final_Doom is now known as Thanks_Iluvatar

Re: American fines

The Justice Department announced today that it and the AIDS Law Project of Pennsylvania have reached a settlement with the Milton Hershey School of Hershey, Pa., to remedy alleged violations of the Americans with Disabilities Act (ADA).   The agreement resolves allegations that the school violated the ADA by refusing to consider a child, known by the pseudonym Abraham Smith, for enrollment due to the fact that he has HIV.

Under the settlement agreement, the school is required to pay $700,000 to Smith and his mother, adopt and enforce a policy prohibiting discrimination and requiring equal opportunity for students with disabilities, including those with HIV, in the school

The core joke of Hitchhiker's Guide to the Galaxy is that of course no civilization would develop personal computers with instant remote database recovery, and then waste this technology to find good drinks.
Steve Jobs has ruined this joke.

Re: American fines

oki so that makes it a bit clearer.

>But to fight a federal lawsuit might cost the school more than $715K.<

Lets say they did go with a federal lawsuit, which they could have lost.
When they lose, does the judge set a fine? And is this fine paid to the family again, or to the gouverment??

Also why would that lawsuit be so expencive? I really dont see the 'damage' the family had to be that high? (perhaps the child had 1 year without school and maybe some shrink costs should the boy need it because of this)

<@Nolio> Ilu was the man back in the day,he even made monkeywrench and arganon look good for half a round =p
<@iluvatar> it is my grandest achievement
<@Nolio> *half a round  =p
<@iluvatar> still
* Final_Doom is now known as Thanks_Iluvatar

Re: American fines

Absolutely yell, its putting others in danger of a non curable disease. Discrimination? How? its not like you cqn make some one permanently black ( although you have the wiggers) or permanently Jewish by accidentally mixing bodily fluids. Compared to the virus this child unfortunately carries

Re: American fines

U.S courts are broken. We need serious criminal and tort reform.

Re: American fines

we're building a caring society where schools will be sued for allowing kids to get HIV on the playground

"Lets say they did go with a federal lawsuit, which they could have lost.
When they lose, does the judge set a fine? And is this fine paid to the family again, or to the gouverment??"

Pengy would know the details of ADA...some states like CA there's a *fine* in civil rights lawsuits, here it's $5000.   But sometimes there can be "Punitive damages" usually for extra malicious behavior or very callous indifference, on top of compensation for lost income or expenses paid out
owning property with slippery steps that I didn't know were slippery - no punitive damages
owning property and not giving a damn that somebody slips after every rain - maybe punitive
owning slippery steps and watering them then betting somebody will yell like Goofy - prison + punitive damage in civil suit

>>Also why would that lawsuit be so expencive? I really dont see the 'damage' the family had to be that high? (perhaps the child had 1 year without school and maybe some shrink costs should the boy need it because of this)<

ha ha attorneys fees and costs are a dark parallel dimension.

Lawyer spends 20 mins drafting stipulation at $350/hr.  Assistant spends 10 mins at $150/hr to copy it and fax it and mail it to opposing counsel.   Opposing assistant spends 5 mins at $150/hr to receive and flag it to attorney. Opposing attorney spends 5 mins at $350/hr to read it.  Opposing attorney spends 30 mins discussing it with associates, thats $350x 0.5 x 3. Opposing attorney spends 5 mins signing it and typing cover letter.  Opposing assistant copies and faxes and mails signed stip.  Assistant spends 5 mins receiving and flagging stip for attorney.  Attorney spends 10 mins to read and sign stip.  Assistant spends 45 mins making 4 copies and a proof of service, original and copy to courthouse, copy to opposing counsel, and copy to client with cover letter. 

that's 2.15 hours at $350 an hour and 1.25 hours at $150 an hour
$752.50 + 187.50 = $940 in fees + postage + copies at $0.15 / page
and that's to agree on something.

The core joke of Hitchhiker's Guide to the Galaxy is that of course no civilization would develop personal computers with instant remote database recovery, and then waste this technology to find good drinks.
Steve Jobs has ruined this joke.

Re: American fines

Ahh Oki so its based on the expected costs of the lawsuit, not fear for a fine.
Thx for the explanation yell, its clearer now!!! smile

<@Nolio> Ilu was the man back in the day,he even made monkeywrench and arganon look good for half a round =p
<@iluvatar> it is my grandest achievement
<@Nolio> *half a round  =p
<@iluvatar> still
* Final_Doom is now known as Thanks_Iluvatar

Re: American fines

Fines in Amerika are determined by a decades-old (or older) history of corruption and bribery!

To answer your question: Yes, it would be much fairer to base fines on something other than corruption and bribery.

[I wish I could obey forum rules]

Re: American fines

The school was a victim of positive discrimination.

10 (edited by The Yell 14-Sep-2012 19:40:55)

Re: American fines

"In 2003, Taco Bell lost a lawsuit by two Michigan men, who had pitched the concept of the Chihuahua to Taco Bell 6 years earlier. The company turned them down, but went forward with the campaign with TBWA. The men sued and in 2003, a jury awarded them $30.1 million in compensation[8] plus nearly $12 million in additional interest three months later.[9] Taco Bell in turn sued TBWA saying it should have been aware of the conflicts. In 2009, a three-judge federal appeals panel ruled against Taco Bell.[10][11][12]"

http://en.wikipedia.org/wiki/Taco_Bell_chihuahua

that's why Americans settle


damn I should just start pitching stupid ideas to banks and restaurants and airlines by certified mail and keep files, sooner or later I can sue them

The core joke of Hitchhiker's Guide to the Galaxy is that of course no civilization would develop personal computers with instant remote database recovery, and then waste this technology to find good drinks.
Steve Jobs has ruined this joke.

Re: American fines

And American consumers do insane shit like this: http://theweek.com/article/index/232959/the-woman-suing-forever-21hellip-for-shortchanging-her-by-a-penny

Re: American fines

obviously a jew

So I told the cop, "No YOU'RE driving under the influence... of being a JERK!"

http://www.youtube.com/watch?v=eFjjO_lhf9c

Re: American fines

reminds me of Phil Hendrie when some guy shortchanged him $0.02

"What was I gonna do, ask him for $0.02? In public?  (throaty clerk voice) Here you are sir! Let me count it out for you....Oooooonnnneee....TWOOOOOOOOO! Two cents! Don't spend it all in one pla-ace!"

The core joke of Hitchhiker's Guide to the Galaxy is that of course no civilization would develop personal computers with instant remote database recovery, and then waste this technology to find good drinks.
Steve Jobs has ruined this joke.

Re: American fines

If you think that's bad just look at some of the DRM lawsuits...

Re: American fines

Medical lawsuits are getting crazy.

Oregon has a hard time getting (forget exact name) pregnancy doctors due to women suing for 'pain and suffering' during pregnancy. Yes I am not kidding.

There is also a certain level (idk the exacts) where hospitals will just pay you rather than fight you supposedly.

Everything bad in the economy is now Obama's fault. Every job lost, all the debt, all the lost retirement funds. All Obama. Are you happy now? We all get to blame Obama!
Kemp currently not being responded to until he makes CONCISE posts.
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