Slavery Reparations

[PunditLisa]

I certainly hope the presiding judge throws this case in the can where it belongs. I am disgusted some lawyer took the case. Talk about frivolous lawsuit.

[Spoke]

*Originally posted by PunditLisa *
**I certainly hope the presiding judge throws this case in the can where it belongs. I am disgusted some lawyer took the case. Talk about frivolous lawsuit. **

As I understand it, the woman behind this litigation attended law school for the express purpose of preparing herself to file this suit.

[LonesomePolecat]

*Originally posted by spoke- *
**

As I understand it, the woman behind this litigation attended law school for the express purpose of preparing herself to file this suit. **

Obviously she’s a fanatical racist.

[furt]

This thread is dying, but I will reprise my questions which were ignored…

I don’t see how you can have a class-action suit if there is no clearly defined class. If it’s “not about race” as many are insisting, are you going to insist they produce great-great-great grandma’s Bible or some other family records to verify slave descent? Black skin isn’t enough, right? I don’t think the gov’t passed out cards saying “You’re free now; save this for your records.”

And what would be an appropriate settlement? If it’s a flat amount (say $1 trillion), then the plantiffs have an excellent motivation for setting the documentation bar real high.

Or if it’s some other method… do we have an army of accountants figuring out lost wages for each person’s ancestors from the 17th-19th centuries? Or do we just say that because your great-grandfather was a slave you get $500. Or $5000? $50,000? What dollar value do you want to put on it?

[Robb]

furt, I think you’d be right to question what will happen with class certification with this case. To begin with, the case isn’t yet a class action. The judge it is assigned to will have to decide whether to certify it as a class action. From [/doc/{@241}?"]Rule 23](http://www2.law.cornell.edu/cgi-bin/foliocgi.exe/frcp/query=[jump!3A!27rule23!27) of the Federal Rules of Civil Procedure:

(a) Prerequisites to a Class Action.
One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.

(b) Class Actions Maintainable.
An action may be maintained as a class action if the prerequisites of subdivision (a) are satisfied, and in addition:
ul the prosecution of separate actions by or against individual members of the class would create a risk of
list inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class, or
(B) adjudications with respect to individual members of the class which would as a practical matter be dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests; or[/ul]
(2) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; or
(3) the court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The matters pertinent to the findings include: (A) the interest of members of the class in individually controlling the prosecution or defense of separate actions; (B) the extent and nature of any litigation concerning the controversy already commenced by or against members of the class; © the desirability or undesirability of concentrating the litigation of the claims in the particular forum; (D) the difficulties likely to be encountered in the management of a class action.

These are the sorts of questions facing the judge in this case.

I don’t have answers for the questions of your second two paragraphs, other than to note that it is possivle to create matrixs to determine damages based on injury. For example, the national settlement for the diet drug Pondimin has various damages matrixes based on length of drug usage, injury, and age when injury diagnosed. The charts are at page 40 of this pdf file.

[Cosmopolitan]

Oy. I’m not gonna say anything that hasn’t been said, trust me. The idea of federal reparations being paid makes me itch. I’m guessing part (if not most or all) of the money would come from taxes. None of my ancestors were slavemasters, traders, or owners. They didn’t even live in America until the 1910’s. I’m not really up for monetarily apologizing for a (hideous) system that no one in my family ever contributed to. That wasn’t eloquent, but you get what I’m saying. Also, I think that if the idea of reparations were to really catch fire, it’d be horrible for American race relations. I mean, imagine the anti African-American fervor it could cause, even in some people who one wouldn’t automatically talk to & think “Well, he’s a bigot”. Better for the federal government to just suck it up & officially apologise for the sins of the federal government of the past.

[clonestyle]

I nearly laughed my butt off after I read about this lawsuit. This is undeniably the most boneheaded, money-hungry scheme I’ve actually seen someone try to pull to date…

To demand reperations for something their ancestors went through… Bah I say, bah. Heck, my ancestors lived through the Ice Age, I want reperations for the inhumane treatment they had to live through. Wonder if I can sue for that I know, I’ll just sue the whole world for having had such crappy weather.