# Frivolous lawsuits or Clinton hating: who will win?!

**URL:** <https://boards.straightdope.com/t/frivolous-lawsuits-or-clinton-hating-who-will-win/286566>\
**Category:** The BBQ Pit\
**Created:** [January 25, 2005, 11:48am UTC](https://boards.straightdope.com/t/frivolous-lawsuits-or-clinton-hating-who-will-win/286566 "2005-01-25T11:48:37Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![Apos](https://avatars.discourse-cdn.com/v4/letter/a/838e76/32.png) [@Apos](https://boards.straightdope.com/u/Apos)\
**Post date:** [January 25, 2005, 11:48am UTC](https://boards.straightdope.com/t/frivolous-lawsuits-or-clinton-hating-who-will-win/286566/1 "2005-01-25T11:48:37Z")

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[http://www.cnn.com/2005/LAW/01/24/elian.gonzalez.suit.ap/index.html](http://www.cnn.com/2005/LAW/01/24/elian.gonzalez.suit.ap/index.html)

> [@](#):
>
> Riera blames the gassing for aggravating an existing liver disease and continuing anxiety, and her ex-husband blames eye dryness and recent cataract surgery on the gas.

Decisions, decisions: should get legal payback for the Ellian story, or should we harp on frivilous lawsuits about bogus medical claims? Bet I know which one will win out!

And I have to wonder, if law-and-order conservatives can defend officers shooting a man to death over 40 times for possesing a dangerous wallet as perfectly justified, are they really going to turn around and demand justice for tear gassing a hysterical family that had repeated defied court orders and actually said that they wold resist anyone that came to collect the child?

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**Author:** ![MsRobyn](https://avatars.discourse-cdn.com/v4/letter/m/90ced4/32.png) [@MsRobyn](https://boards.straightdope.com/u/MsRobyn)\
**Post date:** [January 25, 2005, 11:56am UTC](https://boards.straightdope.com/t/frivolous-lawsuits-or-clinton-hating-who-will-win/286566/2 "2005-01-25T11:56:56Z")

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> [@Apos](#):
>
> [http://www.cnn.com/2005/LAW/01/24/elian.gonzalez.suit.ap/index.html](http://www.cnn.com/2005/LAW/01/24/elian.gonzalez.suit.ap/index.html)  
> And I have to wonder, if law-and-order conservatives can defend officers shooting a man to death over 40 times for possesing a dangerous wallet as perfectly justified, are they really going to turn around and demand justice for tear gassing a hysterical family that had repeated defied court orders and actually said that they wold resist anyone that came to collect the child?

From the link in the OP, although there were 108 separate plaintiffs in the case, the judge is limiting the class to those who were not members of the Gonzalez family or on their property. The plaintiffs are now reduced to those who were close enough to get gassed, but not part of the raid.

Other than that, I have not read the lawsuit, so I don’t know if it has merit or not. But if the judge restricted the plaintiffs to those I’ve described, I’m thinking it probably does, at least enough to let it go to trial.

Robin

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**Author:** ![Liberal](https://avatars.discourse-cdn.com/v4/letter/l/848f3c/32.png) [@Liberal](https://boards.straightdope.com/u/Liberal)\
**Post date:** [January 25, 2005, 12:03pm UTC](https://boards.straightdope.com/t/frivolous-lawsuits-or-clinton-hating-who-will-win/286566/3 "2005-01-25T12:03:26Z")

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> [@Apos](#):
>
> …if law-and-order conservatives can defend officers shooting a man to death over 40 times…

What a delightful amphiboly! 😃

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**Author:** ![World\_Eater](https://avatars.discourse-cdn.com/v4/letter/w/f04885/32.png) [@World\_Eater](https://boards.straightdope.com/u/World_Eater)\
**Post date:** [January 25, 2005, 12:51pm UTC](https://boards.straightdope.com/t/frivolous-lawsuits-or-clinton-hating-who-will-win/286566/4 "2005-01-25T12:51:54Z")

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Godamn I was just composing the same friggin OP. Someone ought to break her legs and show her what real suffering is. Ffucking leaches on society.

Throw that case out on it’s ass!

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**Author:** ![World\_Eater](https://avatars.discourse-cdn.com/v4/letter/w/f04885/32.png) [@World\_Eater](https://boards.straightdope.com/u/World_Eater)\
**Post date:** [January 25, 2005, 12:54pm UTC](https://boards.straightdope.com/t/frivolous-lawsuits-or-clinton-hating-who-will-win/286566/5 "2005-01-25T12:54:38Z")

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> [@MsRobyn](#):
>
> Other than that, I have not read the lawsuit, so I don’t know if it has merit or not. But if the judge restricted the plaintiffs to those I’ve described, I’m thinking it probably does, at least enough to let it go to trial.
> 
> Robin

Merit? What fucking merit? Merit shouldn’t be in the same galaxy as this case. 5 Years after the fact, and they’re suing now? 100% grade A bullshit. Throw it out and charge them for wasting the court’s time.

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**Author:** ![Liberal](https://avatars.discourse-cdn.com/v4/letter/l/848f3c/32.png) [@Liberal](https://boards.straightdope.com/u/Liberal)\
**Post date:** [January 25, 2005, 1:00pm UTC](https://boards.straightdope.com/t/frivolous-lawsuits-or-clinton-hating-who-will-win/286566/6 "2005-01-25T13:00:31Z")

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> [@World Eater](#):
>
> 5 Years after the fact, and they’re suing now?

Well, no. The case is just starting now. It might take a year or more to assess and ascertain such things as aggrevation of a liver disease, and it might take several years for a case to come to trial due to delays and whatnot — especially a case against the government, which I think requires you to obtain permission from it before you can sue it. No idea how long that process might take.

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**Author:** ![World\_Eater](https://avatars.discourse-cdn.com/v4/letter/w/f04885/32.png) [@World\_Eater](https://boards.straightdope.com/u/World_Eater)\
**Post date:** [January 25, 2005, 1:13pm UTC](https://boards.straightdope.com/t/frivolous-lawsuits-or-clinton-hating-who-will-win/286566/7 "2005-01-25T13:13:39Z")

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> [@Liberal](#):
>
> Well, no. The case is just starting now. It might take a year or more to assess and ascertain such things as aggrevation of a liver disease, and it might take several years for a case to come to trial due to delays and whatnot — especially a case against the government, which I think requires you to obtain permission from it before you can sue it. No idea how long that process might take.

Ah ok, so it’s not like they filed this thing yesterday after years of scheming.

/still hoping horrible things happen to them

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**Author:** ![Liberal](https://avatars.discourse-cdn.com/v4/letter/l/848f3c/32.png) [@Liberal](https://boards.straightdope.com/u/Liberal)\
**Post date:** [January 25, 2005, 1:19pm UTC](https://boards.straightdope.com/t/frivolous-lawsuits-or-clinton-hating-who-will-win/286566/8 "2005-01-25T13:19:04Z")

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> [@World Eater](#):
>
> Ah ok, so it’s not like they filed this thing yesterday after years of scheming.

Interestingly, there was a similar perception about lawsuits in the Kent State massacre, since the trial didn’t begin for years. But plaintiffs had begun the process almost immediately.

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**Author:** ![Apos](https://avatars.discourse-cdn.com/v4/letter/a/838e76/32.png) [@Apos](https://boards.straightdope.com/u/Apos)\
**Post date:** [January 25, 2005, 1:23pm UTC](https://boards.straightdope.com/t/frivolous-lawsuits-or-clinton-hating-who-will-win/286566/9 "2005-01-25T13:23:30Z")

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Well, as long as the _government_ spilled that hot coffee on your lap, it’s okay. 🙂

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**Author:** ![World\_Eater](https://avatars.discourse-cdn.com/v4/letter/w/f04885/32.png) [@World\_Eater](https://boards.straightdope.com/u/World_Eater)\
**Post date:** [January 25, 2005, 1:24pm UTC](https://boards.straightdope.com/t/frivolous-lawsuits-or-clinton-hating-who-will-win/286566/10 "2005-01-25T13:24:30Z")

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Only difference is they did their scheming quickly instead of slowly. In either case they’re still chasing ambulances.

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**Author:** ![Revtim](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/revtim/32/1042_2.png) [@Revtim](https://boards.straightdope.com/u/Revtim)\
**Post date:** [January 25, 2005, 2:22pm UTC](https://boards.straightdope.com/t/frivolous-lawsuits-or-clinton-hating-who-will-win/286566/11 "2005-01-25T14:22:37Z")

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Were members of the family ever charged with anything, like kidnapping?

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**Author:** ![Frank](https://avatars.discourse-cdn.com/v4/letter/f/3d9bf3/32.png) [@Frank](https://boards.straightdope.com/u/Frank)\
**Post date:** [January 25, 2005, 3:00pm UTC](https://boards.straightdope.com/t/frivolous-lawsuits-or-clinton-hating-who-will-win/286566/12 "2005-01-25T15:00:07Z")

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> [@Liberal](#):
>
> … — especially a case against the government, which I think requires you to obtain permission from it before you can sue it. No idea how long that process might take.

This is correct, but the [Federal Tort Claims Act](http://www.lectlaw.com/def/f071.htm) gives that permission. It is riddled with exceptions though, and as I am not a lawyer, I have no idea whether it is actually useful to the citizenry or just lip service.

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**Author:** ![Mr.Moto](https://avatars.discourse-cdn.com/v4/letter/m/9de0a6/32.png) [@Mr.Moto](https://boards.straightdope.com/u/Mr.Moto)\
**Post date:** [January 25, 2005, 3:17pm UTC](https://boards.straightdope.com/t/frivolous-lawsuits-or-clinton-hating-who-will-win/286566/13 "2005-01-25T15:17:04Z")

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It doesn’t require any mental calesthenics on my part. I don’t think there’s much of a claim here.

That said, I don’t think the actions of the government in this case were at all just or justified.

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**Author:** ![World\_Eater](https://avatars.discourse-cdn.com/v4/letter/w/f04885/32.png) [@World\_Eater](https://boards.straightdope.com/u/World_Eater)\
**Post date:** [January 25, 2005, 3:23pm UTC](https://boards.straightdope.com/t/frivolous-lawsuits-or-clinton-hating-who-will-win/286566/14 "2005-01-25T15:23:13Z")

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> [@Mr. Moto](#):
>
> It doesn’t require any mental calesthenics on my part. I don’t think there’s much of a claim here.
> 
> That said, I don’t think the actions of the government in this case were at all just or justified.

In what case? The Elian G case? Those crazy Miami Cubans held him hostage for their stupid politics.

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**Author:** ![Frank](https://avatars.discourse-cdn.com/v4/letter/f/3d9bf3/32.png) [@Frank](https://boards.straightdope.com/u/Frank)\
**Post date:** [January 25, 2005, 3:26pm UTC](https://boards.straightdope.com/t/frivolous-lawsuits-or-clinton-hating-who-will-win/286566/15 "2005-01-25T15:26:13Z")

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> [@Mr. Moto](#):
>
> That said, I don’t think the actions of the government in this case were at all just or justified.

Had his mother lived, I think there is no doubt that he would have remained with his mother. That not being the case, the decision to return him to his father was absolutely correct.

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**Author:** ![manhattan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/manhattan/32/7_2.png) [@manhattan](https://boards.straightdope.com/u/manhattan)\
**Post date:** [January 25, 2005, 3:27pm UTC](https://boards.straightdope.com/t/frivolous-lawsuits-or-clinton-hating-who-will-win/286566/16 "2005-01-25T15:27:19Z")

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How is this Clinton-bashing? I’m aware of Judicial Watch’s antipathy for all things Clinton and that the raid happened on President Clinton’s watch, but at least from the CNN story it looks more like local-agent bashing (using that word without prejudice as to whether such bashing is justified, as I know exactly zip about this case). Am I missing a Clinton angle that wasn’t in the story?

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**Author:** ![Apos](https://avatars.discourse-cdn.com/v4/letter/a/838e76/32.png) [@Apos](https://boards.straightdope.com/u/Apos)\
**Post date:** [January 25, 2005, 3:30pm UTC](https://boards.straightdope.com/t/frivolous-lawsuits-or-clinton-hating-who-will-win/286566/17 "2005-01-25T15:30:25Z")

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You’re right, I forgot all about how Clinton wasn’t President when this whole mess went down. It was Hillary that was President then.

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**Author:** ![manhattan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/manhattan/32/7_2.png) [@manhattan](https://boards.straightdope.com/u/manhattan)\
**Post date:** [January 25, 2005, 3:34pm UTC](https://boards.straightdope.com/t/frivolous-lawsuits-or-clinton-hating-who-will-win/286566/18 "2005-01-25T15:34:59Z")

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WTF? I already mentioned that President Clinton was in office. President Clinton was in office when any number of things happened, and not all lawsuits against the government for its actions during his terms are examples of “Clinton hating.” I’m asking in good faith because I don’t know and wish to have my ignorance on the subject eradicated.

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**Author:** ![tdn](https://avatars.discourse-cdn.com/v4/letter/t/94ad74/32.png) [@tdn](https://boards.straightdope.com/u/tdn)\
**Post date:** [January 25, 2005, 4:05pm UTC](https://boards.straightdope.com/t/frivolous-lawsuits-or-clinton-hating-who-will-win/286566/19 "2005-01-25T16:05:18Z")

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> [@World Eater](#):
>
> Only difference is they did their scheming quickly instead of slowly. In either case they’re still chasing ambulances.

I’m not sure I’d call it ambulance chasing yet. It looks like [tear gas poisoning](http://www.medterms.com/script/main/art.asp?articlekey=31475) is very real, but the linked entry doesn’t say anything about long-term effects. I’m not going to dismess these people until I find out a bit more.

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**Author:** ![tdn](https://avatars.discourse-cdn.com/v4/letter/t/94ad74/32.png) [@tdn](https://boards.straightdope.com/u/tdn)\
**Post date:** [January 25, 2005, 4:08pm UTC](https://boards.straightdope.com/t/frivolous-lawsuits-or-clinton-hating-who-will-win/286566/20 "2005-01-25T16:08:13Z")

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> [@manhattan](#):
>
> WTF? I already mentioned that President Clinton was in office. President Clinton was in office when any number of things happened, and not all lawsuits against the government for its actions during his terms are examples of “Clinton hating.” I’m asking in good faith because I don’t know and wish to have my ignorance on the subject eradicated.

Oh yeah? Well, I stubbed my big toe in 1998. How is that not Clinton’s fault? Are you denying that Franklin D. Roosevelt ever held office? Therefore Martha Washington was an asshat.

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