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March 12, 2013



I agree with Jerri Cook that too many crimes have been "federalized" by statute - but they should still be prosecuted, and if the feds don't then the states will have to. Also, the courts only get a criminal case if the prosecutors decide to file one, so even if there are too many laws, clogged courts are not Congress's fault alone.

As to McKinney's opinion - it's he himself who is guilty of "sensational claims based on hyperbole" !! If the cases he doesn't like (which is ALL tort cases) aren't based on the law, or baseless on the facts, they'll indeed be dismissed ... and very possibly punished with sanctions.
If that isn't happening, then the law is that these cases are not frivolous.

It's absolutely ridiculous to blame the courts for following the law when the law is that tortfeasors are accountable.

Jerri L Cook

Like the other two branches of government, the judiciary is going to have to cut waste, which includes sensational claims based on hyperbole, not law. Mr. McKinney rightly points this out, but omits the most draining process on the judiciary--the processes of criminal justice.

The legislature has made so many laws that nearly everyone has broken at least one. After a while, this adds up to exorbitant legal expenses for defendants and drains the courts of needed resources. Reign in the legislature, and there will be plenty of resources for the judiciary.

Darren McKinney

Judges -- federal and state -- could easily yet significantly lighten the budgetary drag on precious court resources were they to begin aggressively dismissing many of the preposterous, wholly speculative and arguably parasitic civil claims that are filed by the thousands across the country every day.

Instead, many judges in several jurisdictions, such as the Northern District of California that has now become derisively known as the "Food Court" for its absurd embrace of ridiculous food labeling class actions, seem to go out of their way to curry favor with the relentless, if shameless, personal injury bar as our nation's economy and fisc suffer the consequences.

If Judge Gibbons wants to be a real leader in seeking budget solutions, she could start by counseling her colleagues to get tough on those who brazenly clog our courts with get-rich-quick schemes that pose as legitimate litigation, but which the overwhelming majority of reasonable Americans find insultingly illegitimate and corrosive.

Darren McKinney
American Tort Reform Association
Washington, DC


Judge Gibbons is an appellate judge - not a district judge.


Judge Gibbons is a Circuit Judge on the 6th Circuit, not a District Court Judge. She was previously a District Court Judge.


Judge Gibbons is a judge on the U.S. Court of Appeals for the Sixth Circuit; she's not a District Court judge.

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