Editor,
In her column Monday, Daily Lobo columnist Whitney J. Davis attacked lawyers and people engaged in class action litigation by claiming that they are "money-hungry people looking for a quick dollar." One of Davis' main examples was the class action suit filed against tobacco companies for the harmful health effects caused by tobacco. I found it coldhearted to imply that those who experienced addiction, emphysema, cancer or even death as a result of using tobacco are petty or greedy.
Davis particularly focused on the negative effect that class action lawsuits have on big business. I am not getting a master's degree in business administration like Davis, but I am fairly certain that over recent years, big business, as a whole, has not been at risk of extinction due to the deleterious effects of its legal liability.
While it might not be the function of the judicial system to create policy, it is part of its function to apply policy and provide justice for those who have no other way of obtaining it. Also, these types of cases provide economic incentives for everyone, including big business, to make a conscious effort not to harm others.
In another attack on the legal profession, Davis claimed that lawyers "will pursue almost any claim if it has a hope of generating money." I feel that I should point out that it costs a great deal of money to bring about a lawsuit, particularly when one is suing a large industry. This provides a disincentive for lawyers and law firms to take on unmerited lawsuits. Also, Davis' claim that courts have no choice but to hear ridiculous lawsuits is not entirely true - many cases are dismissed before ever going to trial because the claims have no legal standing.
It is the right of those who have been injured by the fault of others to be properly compensated. In the end, if a case goes to trial, a jury - made up of everyday people - decides the outcome. To make a mockery of this right is not justified, even if one does not agree with every legal claim that is made.
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Joachim Marjon
UNM student
