Archive for the ‘Civil liberties’ Category

Group Fighting Lawsuit Abuse Is Mostly Big Business

Monday, November 30th, 2009

noleneThe Orange County Register has reported that one of the largest anti-lawsuit organizations is actually operated in the interests of stopping civil lawsuits from hurting the bottom line of many America’s largest corporations. While the California Citizens Against Lawsuit Abuse has a private donor list, the Center for Justice & Democracy claims that some of the organization’s largest donors are tobacco industry conglomerates and other major corporations.

The CCALA tries to back its assertions against lawsuit abuse by painting an image of lawsuit victims as greedy money lovers, who are bankrupting the government with frivolous lawsuits. While they call themselves a “a nonpartisan grassroots movement of concerned citizens and businesses who are fighting against lawsuit abuse in California,” the Center for Justice & Democracy says their real goals are ”to incite public scorn for the civil justice system, juries and judges, and to pave the way for enactment of laws immunizing corporations from liability for actions that harm consumers.”

As American citizens, it is important to realize that civil courts exist to help right non-criminal wrongs. The majority of civil cases are very legitimate and deal with victimized persons trying to get their lives back together. The only way we can continue these practices is by ensuring that lawsuits are continually protected from special interest groups such as the CCALA. If an individual or corporation has hurt you, you have the right to take action by filing a lawsuit and working with an Orange County injury attorney. Don’t let these corporate-backed groups take away your rights.

To read more about the CCALA, see the article in the Orange County Register. Image Via nolene [Flickr].

Former Detainee Suing John Ashcroft

Tuesday, September 8th, 2009

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A Muslim man who was arrested and held for weeks as a “material witness” in a terrorism charge has been given the green light to sue former Attorney General John Ashcroft.

In 2003, Abdullah al-Kidd was taken into custody at a ticket counter at the Washington Dulles International Airport. During his 16 day detention, al-Kidd was subjected to 24 hours a day lighting in his cell and strip searches. He was never charged with a crime and was only held under Ashcroft’s instructions to engage in aggressive detention of lawbreakers and material witnesses in an effort to help prevent terrorism.

Al-Kidd was never even accused of wrong doing and never made to testify in court. He continued to suffer even after his release. For 15 months after the detention, al-Kidd was required to live with his parents, report to a probation officer and curb his travel. He also lost a job with a government contractor after he was denied a security clearance due to the incident. He suffered emotional trauma that may have caused the separation from his wife and an inability to hold a steady job.

Al Kidd and his attorneys claim Ashcroft should have known his decree regarding material witnesses was being used in an abusive manner and was severely overreaching.

Ashcroft attempted to fight the case’s validity by claiming that he was immune to lawsuits based on his holding a position as a cabinet official. He also claimed that because he had no personal involvement with the detention, he should not be liable.

The judges in the appeal have agreed that Ashcroft was not entitled to legal immunity and that al-Kidd was detained without probable cause.

As an Orange County personal injury attorney, I can say with all certainty that the judges made the right decision. The only way we can maintain checks and balances on our government officials is by holding them accountable for their acts.

For more information, please read the full article in the Washington Post.