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Wednesday, April 16, 2008
John Stossel :: Townhall.com Columnist
Market Magic
by John Stossel
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"Stossel, who often touts his belief in 'market magic,' attacks lawyers who represent consumers and others harmed by corporations, and wants instead to let corporate America police itself. This is the same corporate America that today is making the dreams of millions of Americans 'disappear' in the form of home foreclosures and job losses. ... "

That's what a class-action lawyer (who boasts he recovered "more than $2 billion in cash for average everyday American consumers") wrote to the Wall Street Journal in response to my op-ed about the parasite circus of class-action lawyers who practice legal extortion.

As I expect from litigators, his letter was aggressive, well written and convincing. And he was right about my belief in "market magic." That's the biggest lesson I've learned in 35 years of consumer reporting: The market performs miracles so routinely that we take it for granted. Supermarkets provide 30,000 choices at rock-bottom prices. We take it for granted that when we stick a piece of plastic in a wall, cash will come out; that when we give the same plastic to a stranger, he will rent us a car, and the next month, VISA will have the accounting correct to the penny. By contrast, "experts" in government can't even count the vote accurately.

That's why I talk about market magic.

But I digress. The class-action lawyer, like so many who go to law school, gets the big stuff wrong.

I have no problem with lawyers representing people who are truly harmed by corporations. I'm against a system that can encourage lawyers to enrich themselves by manufacturing grievances and allows them to force even innocent companies to surrender big bucks in settlements because the cost of litigation is so great. I'm against a system that doesn't require a losing plaintiff to pay the winning defendant's legal expenses -- a system used by most of the world because it weeds out frivolous litigation.

The lawyer accuses me of wanting to let corporate America police itself.

Nonsense. Market competition polices companies -- and it does so far better than regulation and lawyers ever will. If GM offers shoddy or overpriced cars, competitors will clean GM's clock. Continued...

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About The Author
John Stossel is an award-winning news correspondent and author of Myths, Lies, and Downright Stupidity: Get Out the Shovel--Why Everything You Know is Wrong.
 
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Subject: Market Magic
More Stossel less Medved.

Chuck McGlawn

Heads I Win, Tails You Lose
quoth celticwanderer: "Actually the United States has the distinct and, what should be, undesirable reputation of being the most litigious society in the world."

This is *because* we're the only advanced Western society *without* some sort of "Loser Pays" tort system.

Some have opined that "Loser Pays" wouldn't be a panacea, that some might be dissuaded from bringing a perfectly legitimate lawsuit against a mega-corporation with armies of lawyers. This point may have some merit. But no system is going to be perfect.

What we need is some compromise between legitimate lawsuits brought against companies that really need suing and our current system of "Heads I win, Tails you lose". Plaintiffs are playing the "lottery" at the defendants' expense.

If plaintiffs win, they win big. If they lose, they're out virtually nothing. But the defendants lose in either case. That has to stop.
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