Think Progress

Tort reformer Robert Bork sues Yale Club.

By Matt on Jun 8th, 2007 at 1:08 pm

Tort reformer Robert Bork sues Yale Club.»

Claiming the Yale Club of New York City “wantonly, willfully, and recklessly” failed to provide easy to climb staging, conservative uber-activist Judge Robert Bork is suing the club for $1,000,000 in compensatory damages, plus punitive damages from a fall Bork sustained while mounting the dais at the club for a scheduled speech. Bork, an infamous tort reform advocate, hasn’t always been such a fan of suing for punitive damages, at least when other people do it.

75







Sort Comments By: Top Rated | Date

75 Responses to “Tort reformer Robert Bork sues Yale Club.”


  1. JPV Says:

    The usual elitist… Do as I say, not as I do.


  2. BuckarooBanzai Says:

    Hypocrite. Sue because you are a clod.


  3. NoMoreBush Says:

    Maybe he should not be so fat — those steps would be much easier to navigate.


  4. m12 Says:

    He’s playing by the law. Kind of sound like John Kerry and John Edwards whining about tax cuts for the “rich” while taking advantage of them with their own returns.


  5. gummitch Says:

    There are some very interesting comments at the linked site, including a great reference to hypocrite DeLay, but also a link to a hypocrite website. It’s well worth looking at:

    http://www.kraftlaw.com/Articles/Hypocrites.htm


  6. Harry Truman Says:

    there is nothing like giving them a taste of their own medicine


  7. timmy Says:

    Tort cases are not the same as suing for punitive damages. Tort cases only make the lawyers money, by getting as many plaintiffs as possible the judgement must be spread amongst 100s or 1000s of plaintiffs and the lawyer gets 1/3 off the total. I think it is stupid to sue here, but he is not hypocritical because he is against tort cases.


  8. Badmoodman Says:

    Hey, it’s on a frivilous lawsuit when someone else files it.


  9. prof shropshire Says:

    He hasn’t dropped dead yet?


  10. Jay Randal Says:

    Bork is still alive? I thought he passed away already.


  11. Harry Truman Says:

    NoMoreBush there are no shortages of fat sloppy liberal democrats you see them everyday at McDonalds and Walmart .


  12. smafdy Says:

    Why does he need stairs? Can’t he lift himself up by the bootstraps?


  13. Zooey Says:

    The Yale Club should have safe stairs, and they should pay all of Bork’s medical costs incurred by this fall.

    Asking for $1 million in punitive damages is ridiculous and hypocritical of Mr Bork.


  14. Harry Truman Says:

    JPV what ever happened to the ” If You Can’t Beat Them Join Them .
    Gumadickmitch your fine group of Socialist have no shortage of hypocrites in your ranks try to keep that in mind .


  15. Oversight is a Bitch. Says:

    Typical Republican hypocrit. This jacka$$ thinks punitive damages shouldn’t be available to other plaintiffs, but when it’s he who feels wronged the sky’s the limit.


  16. Namtillaku Says:

    Comment by m12 — June 8, 2007 @ 1:17 pm

    Idiot. What Bork is doing is hypocritical. If Kerry and Edwards are successful in removing tax cuts for the rich, they will have to pay more in taxes at that point. THAT is altruistic. Altruistic is good. Hypocritical is bad. You are a fool and an idiot to boot - back to your cave.


  17. heyzeus Says:

    Counter sue for his offensive facial hair, which is likely what he tripped over to begin with.


  18. Rebel in CA Says:

    Justice will be served if Borl loses his case and is made to pay the Yale Club for defamation


  19. springtime Says:

    timmy — punitive damages are an additional claim for compensation in some tort cases (and therefore a favorite target of tort “reformers”): they are not a separate form of litigation. Lawyers generally receive 1/3 of payment in contingent fee cases, where the plaintiff lacks the money to pay for litigation expenses upfront. Bork can presumably afford to hire a lawyer on a non-contingent fee-basis. Claiming punitive damages makes him MORE, not less, of a hypocrite.


  20. 28 Percenter (a real dead ender) Says:

    I think only Repub millionaires who earned every penny of their vast personal fortune through Repub Government Welfare, like Bork, should be able to file Frivilous Lawsuits and retain ambulance chasing Trial Lawyers.


  21. John Says:

    Timmy,

    What? Torts do not necessarily equal class actions but many class actions are torts. Is that what you’re trying to argue? Wait, what are you trying to argue? Try again.


  22. nanlichi Says:

    m12,

    You are such a stupid c*nt. There is nothing you would ever criticize about a Repugnicunt, and nothing you would ever say good about a Democrat. Your partisanship is ridiculous.

    You are living, typing proof that a troll can live on a diet of Bush’s smag and KKKarl’s dingleberries.

    FYITA.


  23. timmy Says:

    timmy — punitive damages are an additional claim for compensation in some tort cases (and therefore a favorite target of tort “reformers”): they are not a separate form of litigation. Lawyers generally receive 1/3 of payment in contingent fee cases, where the plaintiff lacks the money to pay for litigation expenses upfront. Bork can presumably afford to hire a lawyer on a non-contingent fee-basis. Claiming punitive damages makes him MORE, not less, of a hypocrite.

    Comment by springtime

    I disagree, the reason tort cases have been such a problem is the class action side of it that awards crazy high judgements. I am talking about the mass torts that don’t benefit anybody. Bork suing for punitive damages in this case is not hypocritical as it is for 1 million not something like 500 million like the mass torts tend to be.


  24. Texas Democrat Says:

    Apparently the trolls are awake.


  25. Hedley Lamarr Says:

    Maybe he just needs to sit further away from the dinner table.


  26. spit take Says:

    He’s playing by the law. Kind of sound like John Kerry and John Edwards whining about tax cuts for the “rich” while taking advantage of them with their own returns.

    Comment by m12 — June 8, 2007 @ 1:17 pm

    So, You’re12, you’re saying that John Kerry and John Edwards should pay MORE than the law requires in order to not be hypocrites?

    Their complaints are about the law and the way it is written, not about people “taking advantage of the law”.


  27. Democrat Soldier Says:

    #23 - “Bork suing for punitive damages in this case is not hypocritical as it is for 1 million not something like 500 million like the mass torts tend to be.” Comment by timmy — June 8, 2007 @ 1:44 pm

    One person, 1 million.

    Mass torts, 500 people, 500 million.

    Could your logic be any more flawed than it already is?


  28. John Says:

    I would respond the a suit involving 500 people all suing for $1M in punitive damages for one similar series of wrongs perpetrated by a company found liable and doing so wantonly deserves punitive damages, whereas the single incident involving just a few people probably doesn’t warrant punitive damages. Yet, Bork still shoots for the moon, despite previous assertions on his part. Mass tort damages are big b/c a lot of people are involved. Duh.


  29. heyzeus Says:

    you’re getting pretty good at dis-torts, timmy….


  30. timmy Says:

    Timmy,

    What? Torts do not necessarily equal class actions but many class actions are torts. Is that what you’re trying to argue? Wait, what are you trying to argue? Try again.

    Comment by John

    I am speaking of mass tort cases, which are the ones that Bork felt needed caps. So yes that does include class action cases.


  31. Zooey Says:

    #6 - gummitch

    Thanks for that link. That’s a great list of greedy hypocrites.


  32. timmy Says:

    One person, 1 million.

    Mass torts, 500 people, 500 million.

    Could your logic be any more flawed than it already is?

    Comment by Democrat Soldier

    In mass torts and class action suits the payouts to plaintiffs are very small because of the large number of plaintiffs, sometimes just coupons or future services is all they receive while the lawyers make millions.


  33. Oversight is a Bitch. Says:

    timmy: you have a valid argument that class action damages may be more egregious than punitive damages in individual tort cases. However, Robert Bork and many, many other conservatives have long argued for caps on all punitive damages in all cases, including caps on pain and suffering in medical malpractice cases. So, while you are taking a different tact, most of your fellow conservatives would extend your logic to all tort cases.


  34. timmy Says:

    you’re getting pretty good at dis-torts, timmy….

    Comment by heyzeus

    Do you have any evidence of your claims from our discussion yesterday yet?


  35. timmy Says:

    timmy: you have a valid argument that class action damages may be more egregious than punitive damages in individual tort cases. However, Robert Bork and many, many other conservatives have long argued for caps on all punitive damages in all cases, including caps on pain and suffering in medical malpractice cases. So, while you are taking a different tact, most of your fellow conservatives would extend your logic to all tort cases.

    Comment by Oversight is a Bitch.

    I think there should be a cap based on a number of factors for any tort case. For example punitive damages on medical malpractice cases. Do you have any idea how much insurance for malpractice is for on OBGYN? Up to $100,000 or more in premium a year. Who do you think pays for this? We do, doctors have to charge more to make up the costs. I think that people should be able to sue of course, but there needs to be limits.

    http://www.nhregister.com/ site/ news.cfm?newsid=12644481&BRD=1281&PAG=461


  36. Evil Liberal propaganda Network Says:

    Cons make me so sick, sometime I just want to smash my computer screen. So let me get this striaght, the average person has restricted ability to sue, but conservive judges against our right to use the court system to seek justice can sue?

    I guess the new tort reform is only rich cons can sue

    when are we going to rise up and violently remove these people from America? im talking each and every con


  37. pdq Says:

    More on Tom Delay’s lawsuit:

    http://www.ewg.org/ reports/ oilandwater/ delay_lawsuit.php

    Summary: Delay’s father was grievously injured in a “trolley” that his father and uncle built themselves. They blamed the malfunction on one part of the trolley, and sued the company that made this coupler for ~$15 million in 1990 (including $350,000 per family member (Delay included) for “past and future emotional suffering”).

    Aparrently the suit was considered so strong (not!) that the company settled for $250,000 (total) with the family to make it go away.

    See, personal injury lawsuits are okay for me, but not for thee. Are these guys a piece of work, or what?


  38. Mauro Says:

    I think the Yale Club deserves it. And they shouldn’t win a suit for defamation, since they’re already defamed enough by having the Yale name. No self-respecting Yale graduate would be so proud of his or her university to join the Yale club; if I’d gone to Yale, that would have been an experience I’d try to forget.

    Even Bill Clinton has repented of his years at Yale and become an honorary member of the Harvard College Class of 2007.

    ::end over-the-top fake elitism::


  39. heyzeus Says:

    Do you have any evidence of your claims from our discussion yesterday yet?

    Comment by timmy

    I’m unaware of any actual claims I made in our banter yesterday, can you refresh my memory?


  40. heyzeus Says:

    timmy?


  41. Briseadh na Faire Says:

    He’s playing by the law. …
    Comment by m12 — June 8, 2007 @ 1:17 pm

    What qualifies you to make that statement?


  42. Briseadh na Faire Says:

    Tort cases are not the same as suing for punitive damages. Tort cases only make the lawyers money, by getting as many plaintiffs as possible the judgement must be spread amongst 100s or 1000s of plaintiffs and the lawyer gets 1/3 off the total. I think it is stupid to sue here, but he is not hypocritical because he is against tort cases.

    Comment by timmy — June 8, 2007 @ 1:21 pm

    You went to what law school?

    You didn’t get one single fact correct in your post.


  43. Modern Day Republican Says:

    Sorry Bork, because of Tort reform you’re only entitled to $25,000 max.

    Don’t like it? Tough shite, deal with it.


  44. Briseadh na Faire Says:

    I am talking about the mass torts that don’t benefit anybody.

    Comment by timmy — June 8, 2007 @ 1:44 pm

    Name two. Or even one.

    You seem to be saying the more people who are injured by a defective product, the less the manufacturer should be held liable.

    Do you realize that for less than $10.00 per Pinto, those cars could have been made so they wouldn’t blow up in a rear-end collision? Several people burned to death, for the lack of ten dollars’ worth of modifications.


  45. White Chocolate Jesus Mousse Says:

    >timmy: you have a valid argument that class action damages
    >may be more egregious than punitive damages in
    > individual tort cases.

    no he doesnt. if you try to put caps on class actions, your going to create an entire sub-section of the market who deliberately rips off individual consumers knowing that the amounts they are stealing from them make the chances of them hiring a lawyer to get the money back almost nil because the cost of the lawyer would outweigh the amount they would get back. if a business knows no one is going to pay a lawyer 5 grand to get 1 grand back , i can promise you that there are plenty of businesses who are going to exploit this to rip people off.

    class actions deal with this problem by allowing lawyer fees per victim to be cost effective. yes, there is a potential for the lawyer to make big $$, but class actions are tough work, involve MANY lawyers, and are very expensive and time consuming. without a big incentive, no one is going to go after the companies that are ripping people off, no one is going to try to fight their army of lawyers…

    as a general rule, without class actions, i can tell you that if a business has ripped you off anything less than 5 figures, its almost certainly probably going to cost you more than you lost to even try to get your money back


  46. dixie blood Says:

    Robert Bork = CUA!!

    No human has ever resembled the look of a pig more than him!!!

    And he’s a pig!!


  47. timmy Says:

    Name two. Or even one.

    Comment by Briseadh na Faire

    Just look at the legal fees on the verdicts for tobacco and asbestos cases.


  48. timmy Says:

    Comment by White Chocolate Jesus Mousse

    You have no problem with lawyers making all the money and the plaintiffs getting very little?

    http://www.triallawyersinc.com/html/part03.html

    “More than $8 billion will go to a handful of firms that pioneered the first tobacco lawsuits in Mississippi, Florida, and Texas.27 The Florida teams will take home $3.4 billion, or $233 million per lawyer.[28] That’s $7,716 an hour—assuming they each worked 24 hours a day, seven days a week for three and a half years.[29]”

    “For example, in one Florida class action, lawyers for flight attendants suing the airlines for health problems resulting from secondhand smoke pocketed $49 million of the $349 million settlement.[39] The flight attendants who brought the suit got nothing unless they filed individual suits and demonstrated that secondhand smoke actually made them sick. ”

    “Class members in a lawsuit against Toshiba for defective laptop computers did little better, collecting between $100 and $443 in cash and coupons. The take for Trial Lawyers, Inc.: $148 million.[40]”

    “For the lawsuit industry as a whole, less than half of all dollars actually go to plaintiffs, and less than a quarter of all dollars actually go to compensate plaintiffs’ economic damages. As the above examples indicate, in mass tort and class action claims, plaintiffs’ awards are typically di-vided among so many individuals that the only people who meaningfully profit are the plaintiffs’ lawyers themselves. And in capturing 19% of a $200 billion pie, Trial Lawyers, Inc. does handsomely indeed.[41]”


  49. Briseadh na Faire Says:

    Name two. Or even one.

    Comment by Briseadh na Faire

    Just look at the legal fees on the verdicts for tobacco and asbestos cases.

    Comment by timmy — June 8, 2007 @ 4:26

    Failure to cite even one case. GRADE FOR THIS ASSIGNMENT: F

    (by the way, I am a teacher and an attorney, so don’t think you can try to bullsh!t you way past me.)


  50. timmy Says:

    I’m unaware of any actual claims I made in our banter yesterday, can you refresh my memory?

    Comment by heyzeus

    Feel free to look back at the thread, I asked for some evidence many times.


  51. timmy Says:

    Failure to cite even one case. GRADE FOR THIS ASSIGNMENT: F

    (by the way, I am a teacher and an attorney, so don’t think you can try to bullsh!t you way past me.)

    Comment by Briseadh na Faire

    Read a little farther on my posts.


  52. m12 Says:

    Cons make me so sick, sometime I just want to smash my computer screen. So let me get this striaght, the average person has restricted ability to sue, but conservive judges against our right to use the court system to seek justice can sue?

    Thanks to you guys, Bork hasn’t been a judge for 20 years, so this is untrue.


  53. Madhatter Says:

    Bork is also known for liking his martinis tall, dry and plentiful. I know from personal experience, having served him quite a few before a speech he gave when I was in collage back in the 80s… and that was just to supplement the flask he brought with him to the event. I would not be surprised vodka was responsible for his fall and not the steps. I wonder how that would go down in court. Unfortunately, I doubt he submitted to a breathalyser test when he got to the hospital. Oh well…one more hypocritical wingnut.


  54. NoMoreBush Says:

    Harry Truman at #12 — non sequiter much? My point about Bork had nothing to do with his political leanings but his sizeable girth, which probably contributed to his difficulty navigating steep steps (typical of steps to a dais). You interjected the Rep./Dem. into my comment. Project much? I have no doubt that there are fat progressives, but that WAS NOT MY POINT.


  55. big papa Says:

    I was hoping…

    …Bork was DEAD…

    …there’s ALWAYS hope…



  56. heyzeus Says:

    he’s just butt ugly


  57. davefromqueens Says:

    The Laws of RW Conservatism

    1. Only conservatives have the right to sue.


  58. Herbert Walker Says:

    Bush is another HYPOCRITE:

    He complains of people filing FRIVOLOUS LAWSUITS (even though Courts toss those out at multiple stages), after he stole the White House with one (Bush v. Gore), after LOSING an election. [2000]

    File under:
    “Hypocrite Republicans,”
    “Supreme Court Five,”
    “Election 2000,”
    “Borky Pig.”


  59. Chris Vosburg Says:

    Madhatter writer: Bork is also known for liking his martinis tall, dry and plentiful. I know from personal experience, having served him quite a few before a speech he gave when I was in collage back in the 80s… and that was just to supplement the flask he brought with him to the event.

    Yes, I was wondering about this. Should make for interesting testimony, as the defense establishes “martini frequency.” One doesn’t give up all of one’s rights when one drinks, of course, but as I say, it’ll make for interesting reading.

    To the folks going on about navigating steps leading to the dias, be aware that there were none. Bork’s claim is that it the height of the dias should have necessitated them but there were none, causing him to fall backward and screw up his leg and strike his head in his failed attempt to mount the dias.

    His claim, incidentally, neglects to name the height of the dias. Huh. Again, should make for interesting testimony as experts quibble over exactly what height a dias should be in order to mandate steps with handrail.

    All in all, sounds like more embarassment for Bork than it’s worth.


  60. Mike Says:

    There are a few other things Bork doesn’t believe exist in this world as well. Fat Bastard doesn’t believe he actually has feet, because he hasn’t been able to see his feet since he was a teen. He also doesn’t believe in tipping and so failed to see the “tip” of his waiter’s shoe making the tripping move after being stiffed by the fat bastard:)


  61. DoingNuance Says:

    Oh, this is priceless! The only thing that could make it better if the ACLU gets involved on Bork’s behalf!


  62. Robert Stein Says:

    What nobody understands is that this injury may keep him from the National Review cruise to Alaska with all his old Neo-Con friends. That must really hurt: http://ajliebling.blogspot.com/ 2007/ 06/ neo-con-love-boat-back-to-future.html


  63. Uncle Ho Says:

    BORKED AGAIN!!! heh, heh.


  64. frank hackett Says:

    The republican rep.Smith voted against people suing business’s but when his wife slipped and fell in an airport he sued the airport owners.He was a politician frm new hamoshire i think.


  65. JessWonderin Says:

    “TTTTThat’s all folks” - Borkey Pig


  66. cal1942 Says:

    “Kind of sound like John Kerry and John Edwards whining about tax cuts for the “rich” while taking advantage of them with their own returns.

    Comment by m12″

    Did it ever dawn on you m12 that people like Kerry and Edwards favor legislation that will cost THEM money. They both voted AGAINST tax laws that saved THEM large amounts of money.

    How is that somehow terrible when Bush, McCain, Romney, Mayor Phony and the rest of the GOP crowd have implemented tax laws that save them massive amounts of money.


  67. cal1942 Says:

    Timmy,

    Glad springtime straightened you out. I would add that tort “reformers” like Bork want to eliminate contingent fee cases. This means that only rich people, who can stand the costs up front, can sue. Middle and lowwer income people simply would not be able to bring suit for damages.

    That’s how disgustingly evil these people are.


  68. Dick 'the Dick' Cheney Says:

    happy to get my Law 101 class here… thank you all

    as for bork… a true conservative, who will hopefully understand when his lawsuit results in $200 for his bruised ego


  69. Chocolate Jesus Mousse Says:

    >You have no problem with lawyers making all the money and the >plaintiffs getting very little?

    Did you read anything I said?

    Whats the better option? Plaintiffs get nothing because no lawyer wants to take their case? In most class action cases, the plaintiffs are at least made whole for thier injury (not all, but most).

    Anyone who thinks filing a class action lawsuit is easy or inexpensive is seriously deluded. Its immensely more complicated than a simple single plaintiff claim. One of my law professors was working with one of the first firms to successfully take on big tabacco, and he told me that when they asked for discovery, several trucks showed up, with literally millions of documents to wade through..anyone who thinks class actions are “easy money” for lawyers is incredibly naive.

    The biggest selling point of class actions is that it deters future conduct by businesses that might lead to another class action. I would argue that the biggest benfit of class actions lawsuits is their function as a deterrant to corporate fraud.

    Like I said previously, if you eliminate class actions, a whole cottage -industry of business if going to spring up, their business model being wholly reliant on the fact that the amounts they are ripping people off arent large enough to make it worth hiring a lawyer over.

    And companies that currently exist will have no qulams about scr3wing over the “little guy” because they know that 99.99 percent
    of the people won’t do anything about it.


  70. PhilOchsLives Says:

    Bork is a right wing sack of garbage.


  71. dattexas Says:

    he’s a pig and a hypocrite. screw him.


  72. Leftside Annie Says:

    HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAH!!!

    I guess all those frivolous lawsuits are filed by OTHER people.


  73. Marcos Says:

    The comments above reflect little knowledge about a personal-injury claim seeking compensatory damages. A tort is committed when one’s conduct falls below his duty of care. And what is his duty? To act as a reasonably prudent person under the circumstances. If Bork can credibly show that the Yale Club breached its duty of care owed to him, an invitee, then he may collect the damages he has incurred, i.e., medical costs, suffering and pain, in whatever amount the jury deems just. Only if Bork can show either of the following may he collect punitive damages (to punish YC in order to deter similar conduct in the future): 1) that Yale Club’s desire to cause him injury was the motivating factor in its failure to have steps installed, or 2) that the YC intentionally followed a course of conduct, knowing that it created a substantial risk of severe injury.



Jump to Top

About Think Progress | Contact Us | Terms of Use | Privacy Policy (off-site) | RSS | Donate
© 2005-2008 Center for American Progress Action Fund
image Register imageimageRSSimageimage imageimage
image
image
View Most Popular
image
image
Visit Our Affiliated Site
image
image image
What We're About
image
image
Featured
image
image
Subscribe to the Progress Report



image
image
Got a hot tip?
Have a hot news tip? We'd love to hear from you. Use the form below to send us the latest.

Name:
Email:
Tip:
(required)



image
Reports
image
image
imageTopic Cloud
image

image
imageArchives
image

image
imageBlog Roll
image

imageAbout Think ProgressimageimageContact UsimageimageDonateimage