View Full Version : First legal action regarding CT shootings...
ArtVandelay
12-28-2012, 10:37 PM
http://news.yahoo.com/claim-seeks-100-million-child-survivor-connecticut-school-003646074.html
PIMking
12-28-2012, 10:44 PM
Yay! profitting from tragety... Get in line with all the news networks
Matthanuf06
12-28-2012, 11:36 PM
How on earth could the state be liable for the criminal acts of a citizen? Now if the state was negligent then perhaps there is a case. But that is certainly not the case here. One cannot sue the state for every crime. This is equivalent to someone suing New York if they saw one of them subway pusher murders:
Tebowism0823
12-28-2012, 11:37 PM
How on earth could the state be liable for the criminal acts of a citizen? Now if the state was negligent then perhaps there is a case. But that is certainly not the case here. One cannot sue the state for every crime. This is equivalent to someone suing New York if they saw one of them subway pusher murders:
Agree with you. The state can't be responsible for the actions of others.
Dreamliner
12-28-2012, 11:41 PM
Good to see that the tragedy is elevating the human spirit here. *sarcasm*
Reminds me of the Reginald Denny incident during the LA riots. Remember the guy, who got his face caved in, going on Maury and forgiving his attacker ?
Then he proceeded to sue the city of LA for his injuries.
QGator2414
12-28-2012, 11:58 PM
This makes me wonder whether it is lawyers or man/woman that are our problem.
Then I realize lawyers are man/woman...
wargunfan
12-29-2012, 12:06 AM
Prediction: This is going to wind up as a class action law suit combining at least all the families of the victims. The appropriate court will certify the class and there will be a huge settlement (at least 8 figures) and the case will be settled out of court. This is how business is done in the world of personal injury lawyers. I would question whether children who were not injured will be allowed into the class (no pun intended) and whether there will be a tiered settlement. Think World Trade Center on a smaller scale.
AustinGator1
12-29-2012, 07:44 AM
It's hard to know who is more pathetic, the parents of this six year old or the lawyer that actually filed this suit for the following reason...'the six year old heard cursing, screaming and shooting' over the school intercom.
I would like to nominate the parents and the lawyer as co-low life of the year candidates.
gatordowneast
12-29-2012, 07:47 AM
Does Morgan and Morgan have an office in CT? Farrah and Farrah? I'm sure the "letter writing" law firms will all be piling on for a potential piece of the action.
theorangebluewinagain
12-29-2012, 07:51 AM
Pathetic people. I am sure they all will feel better once they settle. And you have to ask yourself why the vast majority of lawyers are Democrats, happy for these losers.
gatordowneast
12-29-2012, 08:09 AM
Pathetic people. I am sure they all will feel better once they settle. And you have to ask yourself why the vast majority of lawyers are Democrats, happy for these losers.
They will tell you to "insure justice for all". I will tell you that the majority of those types are "something for nothing". They probably buy their office coffee with food stamps.
Dreamliner
12-29-2012, 11:28 AM
Now, I could see the case for suing the State's pants off for not allowing guns in the school. But I somehow doubt that's what the plantiff means by "Failing to provide for safe environment."
gatorev12
12-29-2012, 11:39 AM
Pathetic people. I am sure they all will feel better once they settle. And you have to ask yourself why the vast majority of lawyers are Democrats, happy for these losers.
Correction: the vast majority of personal injury lawyers are Democrats. Which is a pretty small percentage of lawyers out there--but they're the most visible since they're the ones who advertise.
gatorman_07732
12-29-2012, 11:43 AM
The only two people at fault here are both dead
gatorlaw71
12-30-2012, 11:39 AM
This makes me wonder whether it is lawyers or man/woman that are our problem.
Then I realize lawyers are man/woman...
Maybe not. There is a gravestone that says:
Here lies
Martin Sawyer
Born a man
Died a lawyer
BobK89
12-31-2012, 01:21 PM
Prediction: This is going to wind up as a class action law suit combining at least all the families of the victims. The appropriate court will certify the class and there will be a huge settlement (at least 8 figures) and the case will be settled out of court. This is how business is done in the world of personal injury lawyers. I would question whether children who were not injured will be allowed into the class (no pun intended) and whether there will be a tiered settlement. Think World Trade Center on a smaller scale.
Not sure about the "8 figure settlement" claim. They are looking to sue the government and although I practice in FL and not CT, I am pretty sure that CT has a limit on sovereign immunity. In FL it used to be capped at $100k, but I believe that it is higher now. Also, the link talks about a notice submitted to the government entity, which is required before any litigation can be filed.
Comparison to the WTC is not the same since the CT suits are against a government agency.
ATLitigator
12-31-2012, 01:28 PM
how stupid are these people, if they sue the state of connecticut for this, and some how this case goes all the way to payment, just who do they think is paying that bill...certainly not the residents of Florida.....
g8rjd
12-31-2012, 02:03 PM
How on earth could the state be liable for the criminal acts of a citizen? Now if the state was negligent then perhaps there is a case. But that is certainly not the case here. One cannot sue the state for every crime. This is equivalent to someone suing New York if they saw one of them subway pusher murders:
If I had to guess, the theory of liabliity to the State is because it is a public school in a state with compelled attendance. The claim is probably necessary as a predicate to a claims bill because the State's soverign immunity would otherwise prohibit any claim over the statutorily authorized amount (I have no idea what that is in Conn....in Florida it's something like $250,000.)
I'm not saying I agree with the theory. It's just the only way I can logically connect it to the State.
EDIT: Looks like Bob beat me to it. Mental note, read whole thread before responding... :)
g8rjd
12-31-2012, 02:05 PM
Not sure about the "8 figure settlement" claim. They are looking to sue the government and although I practice in FL and not CT, I am pretty sure that CT has a limit on sovereign immunity. In FL it used to be capped at $100k, but I believe that it is higher now. Also, the link talks about a notice submitted to the government entity, which is required before any litigation can be filed.
Comparison to the WTC is not the same since the CT suits are against a government agency.
Yeah...class actions against a State aren't smart. All the state legislature has to do is kill or refuse to take up a claims bill and the class gets nothing more than the statutorily limited amount.
Swampmaster
12-31-2012, 05:05 PM
$100 million case---settle for $60 million, attorney pockets 40% = $24 million ---- nice walking around money.
oragator1
12-31-2012, 05:12 PM
100 million, or 2700 times the average national wage.... because her kid heard screaming. And it's their fellow citizens of CT and her hometown that will have to pick up the bill. There is no way to rationalize it into anything other than a naked money grab.
BobK89
12-31-2012, 05:25 PM
$100 million case---settle for $60 million, attorney pockets 40% = $24 million ---- nice walking around money.
Never gonna happen.
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wargunfan
12-31-2012, 07:49 PM
Not sure about the "8 figure settlement" claim. They are looking to sue the government and although I practice in FL and not CT, I am pretty sure that CT has a limit on sovereign immunity. In FL it used to be capped at $100k, but I believe that it is higher now. Also, the link talks about a notice submitted to the government entity, which is required before any litigation can be filed.
Comparison to the WTC is not the same since the CT suits are against a government agency.
I don't know the limit for sovereign immunity in CT but with 26 victims it would have to be below 500k to stay out of the 8 figure range. Then there will be other claims on behalf of uninjured children for mental trauma etc. so I don't think 8 figures is out of the question. This is why I wondered if a tiered settlement might come into play as in the WTC. Perhaps we have someone on THFSG who can enlighten us.
BobK89
01-01-2013, 12:27 AM
According to a quick google search the only thing i found on SI in Connecticut is that one must get approval from the state before he can file suit.
Good luck with that.
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g8rjd
01-01-2013, 10:19 AM
According to a quick google search the only thing i found on SI in Connecticut is that one must get approval from the state before he can file suit.
Good luck with that.
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If thats Connecticut law, damn. That's the harshest sovereign immunity I've ever seen.
Wow. Good luck with getting that through the Legislature and Governor.
sappanama
01-01-2013, 10:59 AM
2 questions:
If states are not held responsible for state business, how are we supposed to hold them accountable for personal criminal behavior ???
Why was anyone compensated after WTC?, and why different amounts?
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