Comments on: CCALA: California schools “ripped off by litigation”

By: Hans Bader

Hans Bader — Fri, 18 Jan 2008 12:11:18 +0000

Some school systems are so dumb that they pay damages in settlements that are not even available under state or federal law even if plaintiff wins the case!

The Supreme Court has made clear, for example, that punitive damages are not available under spending-clause statutes like the Rehabilitation Act, see Barnes v. Gorman, 536 U.S. 181 (2002) (reversing punitive damages ruling under Rehabilitation Act).

That means they are not available under most federal civil rights statutes, which are also based on the spending clause, including such statutes as Title IX and Title VI. See Mercer v. Duke (4th Circuit) (Title IX does not award punitive damages).

Yet school systems pay millions of dollars in damages to settle Title IX sexual harassment suits and Title VI racial harassment suits, even when the only way a student plaintiff could possibly recover so much damages against the school system would be to recover punitive damages, which are simply not available under federal law. (In light of circuit decisions like the Hetzel and Annis cases sharply limiting emotional distress and other compensatory damages).

They are stupidly giving away taxpayers’ money, to the delight of the trial lawyers, who receive a share of the damages awarded as well as attorneys fees under fee-shifting statutes like Section 1988.

By: TC

TC — Fri, 18 Jan 2008 03:57:54 +0000

Once again another pebble of truth as to why most suits should be thrown out of court, if the same lawyer files another one, thrown out of the BAR. Then beaten by a group of his/her peers as well! Err no just call the cops, they will for sure perform the beating.

Keep electing lawyers to positions of law creating vs. keeping them in positions of law arguing and our society will continue in the direction we have been.

By: throckmorton

throckmorton — Thu, 17 Jan 2008 20:42:06 +0000

Here is a reference http://headlines.agapepress.org/archive/3/242006b.asp

By: federalist

federalist — Thu, 17 Jan 2008 16:52:31 +0000

A student reading a Bible while on recess is actionable? Wow. Do you have details? The lawyer bringing such a case ought to be permanently disbarred.

By: Mahlon

Mahlon — Thu, 17 Jan 2008 15:02:03 +0000

What surprised me about the post was Ted actually acknowledging that there is such a thing as a legitimate lawsuit. Sounds like the therapy is working. LOL

By: Canada Bill Jones

Canada Bill Jones — Thu, 17 Jan 2008 10:47:00 +0000

The citizens of the USA have become weak minded suckers and…

It is immoral to let a sucker keep his money.

By: throckmorton

throckmorton — Thu, 17 Jan 2008 10:27:51 +0000

I found the comments in the report which showed what else could be bought for students instead of paying the legal fees to be the most interesting. More disturbing is to consider how much money is spent and what changes in the schools have been made in defense of possible lawsuits.

I live in a county where children can not play football, throw a baseball or play tag while on recess because of fear of lawsuits.
In fact, the county is in the middle of a lawsuit because a child was found reading the bible while on recess.