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Originally posted by Shape Shifter
I think the new law is something like if less than a third of the plaintiffs are state residents AND they are claiming more than $5MM in damages, it goes to federal court. This seems reasonable to me, though I'm not prepared to debate its constitutionality.
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I'm not debating its constitutionality at all -- I suspect that the Commerce Clause lets Congress do whatever the hell it likes here. I'm merely pointing out that the folks who are doing this are trampling on states' rights. Personally, I think you get a better caliber of judge in federal court.
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I think the more interesting issue is the one that limits attys fees when the recovery is discount, coupons for future purchases, and the like. We all know that was being abused by our brethren on the plaintiffs side. However, I think some defendants will in the future wish that the option of discounts and coupons were still available to them to settle cases.
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We all know that was being abused by our brethren on both sides. If you can't just buy off the plaintiffs' attorneys, surely some cases won't be filed, but surely others will be litigated such that they actually draw blood.
