Republican Proposal Would Make Trump University Lawsuits
"Almost Impossible"
The lawyer who led two of the lawsuits against Trump University, settled for 21 million $ just a few weeks after his election victory, Donald Trump, and said that the trials would be "almost impossible" to continue under the current law being pushed by Republicans in Congress.
Helen Zeldes, founder of Zhi-law partner, and one investigation of a class action against the two Trump University and a team of his government, claiming that the seminars on real estate costing tens of millions of dollars to thousands of people. Trials ended with all the students to recover at least half of what they paid for seminars - figures that have often run into the tens of thousands of dollars.
A bill that would limit lawsuits like this enable the Judiciary Committee in the House of Representatives for the account last week. Suits allow people to regroup and seek large companies, and companies successful industry and specialized companies in the launch of these cases on behalf of consumers.
Pushed Republicans and lobbyists commercial long to reform the system, saying that is exploited by lawyers who raise frivolous lawsuits. Republican Bob Goodlatte, chairman of the Judiciary Committee and the owner of the bill, made a similar proposal last year.
"This is the last nail in the coffin of the lawsuits" Zeldes said to BuzzFeed news. "It has this very title of Benin - Fairness Act lawsuits - and I think in general, consumers are not aware that this law on the immunity of companies.
Goodlatte The representative said that the proposed reforms "class action suits will remain until unfounded from innocent parties, keep the doors open to the court parties with real and legitimate claims.
But the class action lawyers say that many doors will be closed. Zeldes according to the American Association for Justice, a national association of lawyers of the trial, that the law includes many important issues never made in court.
How lawmakers chosen in an attempt to change the working class system also raised eyebrows. She said the American Bar Association in a letter by adopting change the rules of judicial procedure law, and Congress «bypass unnecessarily," the establishment of a system to change those rules.
Judicial review board, which includes the selection of Supreme Court Trump, Neil M. Gorsuch members, and wrote his own representative to the Goodlatte about the bill earlier this month. "We strongly urge the Congress not to change the collective action procedures" by passing a law, he writes the president, saying that there was a "proven and well-established procedures" to make these changes more transparent and open to public scrutiny in a way.
Speaking to BuzzFeed News, select Zeldes several aspects of the draft law, which would make his company a lot less likely to be prosecuted as Trump University.
For the first time, and he said that the bill would only allow class action suits where each participant the same type and extent of the injury. "Some of the named class members since the class paid $ 10,000 and some paid the class of $ 24,000, it would be difficult to prove that they have exactly the same injury," said Zeldes.
The bill also requires the lawyers to show that there is a reliable way that they can identify all hurt by the defendant, and damage distribution for them. "Burden too hard for the applicant to meet the" Zeldes said that - this means that if a company has a record of inaction - not unheard of among the companies that commit fraud or labor violations operations. Instead, the defendant "has a weakness of their record-keeping."
One final hurdle, and perhaps most important in the law, according Zeldes, is the requirement that lawyers can not pay their fees until all members of the class - and sometimes thousands or tens of thousands of payments received - people.
"It is impossible from a financial point of the transfer of these cases" and said this would.
The distribution of funds for the victims can take years in some cases, of teamwork, and are paid lawyers generally only if they win or settle a lawsuit. He said in the case of Trump Zeldes University, and the trial lasted more than six years, lawyers risking years of unpaid work, with no guarantee given at the end.
Comments
Post a Comment