It’s always interesting how the tort reformers, who are often big business spokepeople, talk about making money. Ask them about capitalism and they will champion the free market, but see lawyers make a dime and suddenly it’s dirty to make money. They are falling all over themselves to attack the recent settlement that Ford made with the owners of the Explorer, which resale values were hurt by news of the rollover problems and high-profile accidents.
The battle has been ongoing since the 90s. Everything came to a head after over a month was spent in a California courtroom. The case was finally settled. What was achieved:
– Ford was able to put the suits behind them and will pay for their faulty product.
– Individual consumers will receive a $500.00 coupon for the lost value of the faulty product they purchased.
– And yes the lawyers were paid. This would includ the hundreds of defense lawyers who Ford used to fight this thing out for almost 20 years.
The U S Chamber wants to focus on the plaintiff lawyers who were paid. Not a word about the deadly product that started this thing and was sold by Ford in faulty condition. Nothing about people who bought vehicles that had no value. Or the background on how individual consumers wouldn’t have been able to finance this battle themselves. Nothing at all about the motions, experts, and court room fights that this process involved.
No, this is just an assault on people making money. Sure it is a lot of money, but when has the U S Chamber ever decried profit?????? What is their solution? Well it’s to eliminate the class action. Not a call for companies to come forward and stop these dangerous products and to not sell them. Or even a call for companies to do the right thing and provide immediate help for these people who bought the bad product. Not a word to protect the consumer.
It’s time to put a stop to this financial doublespeak. Quit hiding bad business practices and killing machines from the light of day. It would be a much safer way than stealing the consumer’s right to protect themselves.
A founding partner with Bradshaw & Bryant, Mike Bryant has always fought to find justice for his clients—knowing that legal troubles, both personal injury and criminal, can be devastating for a family. Voted a Top 40 Personal Injury "Super Lawyer" multiple years, Mr. Bryant has also been voted one of the Top 100 Minnesota "Super Lawyers" four times.
3 Comments
Daniel 8791
Interesting thing that Ford fought this for so long "when they really knew" that their product was faulty. Just like other small suv's in the 90's that were discontinued because they posed an unusually high risk of roll over and such.....Question for you..If somehow class actions were barred, would the consumers still be able to file suit individually ? If so, wouldn't that cost companies MORE if they had to fight many, many lawsuits versus just several or so class actions ?
Mike Bryant
They could cost more individually, but are less likely to take them separately because of the amount of the return. Having to incur the costs in each of the cases, many people won't do it. The class action model makes sense in a number of ways for the court, the consumer, and even the company overall. Thanks for taking the time to read and comment.
Daniel 8791
Good clairification on the differences and pro/cons with class action. Thanks for that info.
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