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Kev Godwin
03-07-2008, 12:43 AM
Quite some time ago, I filled out a claim solicitation I received in the mail regarding a class-action lawsuit against Robert Bosch Tool Corp. Today, I received a check for $40 in the settlement. Now in hind-sight, I have a sour taste from this. Now I think all I did was help line the pockets of some attorneys at the expense of an excellent tool manufacturing company. (I own several Bosch products). I am going to cash this check and I will put it to good use.

I'm going to apply my blood money towards a new tool purchase. I'm going to go buy a new Bosch cordless this weekend.

Did anyone else take this ride or am I swimming in greedy red alone?:confused:

Tom Henderson2
03-07-2008, 1:37 AM
Hi Kev-

Your assessment is probably correct -- the litigators probably worked for years on the case, and made a bundle of money.

What was the basis of the suit? What was the fault or problem that led to the lawsuit?

Randal Stevenson
03-07-2008, 3:03 AM
Hi Kev-

What was the basis of the suit? What was the fault or problem that led to the lawsuit?

If it is the one I am thinking of (was posted here when people were considering sending in the cards), it was all over where the tools were made. They said one thing, but they were made elsewhere.

Cliff Rohrabacher
03-07-2008, 9:19 AM
I received a check for $40 in the settlement. that's a pretty good deal all too often it's something you throw in the rubbish like a coupon.


I think all I did was help line the pockets of some attorneys at the expense of an excellent tool manufacturing company.

Well before you damn the lawyers:

Class actions are not intended to pot the individual right because the harm to the individual isn't adequate to justify them undertaking their own expensive litigation. And where it is adequate the individual is not required to remain a class member but can opt out and seek their own solution.

Class actions are intended to punish a bad actor who has committed a small harm but has benefited by it because of scale of the victim pool.

Think of Master Charge getting an extra tenth of a penny from you each month that they should not have by miscalculating your interest. To the individual the harm is numerically insignificant to the Charge Card company the benefit is enormous.

The act of taking that tenth of a penny is wrong no matter the size of the harm.

So a class action stands to punish the bad actor.

That said class actions are very hard to prosecute and cost a lot of money. The Class representative ( some guy who stood up and said "HEY THAT'S NOT FAIR~!!") must pay for all the experts and costs it can be staggering.

The firm takes their money as a contingency unless there is a statute that provides for attorney fees.
The company's reps have to be deposed, mountains of documents have to be sifted through read and analyzed, experts must be retained and paid to both examine all sorts of things from financial records to physical items and then others to do the testifying.

It's a journey. The sole purpose is to prevent bad actors from wrongly harming great masses of people.

Class actions arise when the harms are substantial too. In such cases my suggestion is that the individuals who experiences the great harms take their cases individually. When they kill your spouse or cripple you you stand a better chance of being "made right" (as far as a court can make you right that is) by going direct.

And bear in mind that the evil lawyers are right there vindicating your rights.

The line that we often hear "First kill all lawyers" is a horrible misquote. The actual quote is taken from a play (Shakespear: Henry IV) where a horrible evil person wants to take over and reign tyranny upon the land. His advisers tell him" first kill the lawyers" because of course they will ruin his plans on tyranny by vindicating the rights of the people.
Here:
JACK CADE.
[...] I will make it felony to drink small beer: all the realm shall be in common; and in Cheapside shall my palfrey go to grass: and when I am king,- as king I will be,- [...]

there shall be no money; all shall eat and drink on my score; and I will apparel them all in one livery, that they may agree like brothers, and worship me their lord. (to which Dick the adviser pipes up)
DICK.
The first thing we do, let's kill all the lawyers. Don't hate lawyers. Lawyers enforce your contract rights, defend your civil rights and, help people navigate the insanely complex thing that is law.

Law is complex because humans in all their crazy diversity of thought and motive and conduct are - complex.

J. Z. Guest
03-07-2008, 9:19 AM
Kev, were you actually effected by the tool or issue that the suit addressed? If so, don't feel guilty.

If not, why'd you take the check?

Anyway, putting it toward a new Bosch tool is not a bad idea, in my opinion. I'm thinking of a Bosch random orbit sander in the near future. The Germans really seem to have the edge in inherent dust collection.

Kev Godwin
03-07-2008, 7:27 PM
Cliff
Thank you for sharing that perspective. I didn't have any appreciation of what it was about until you defined it for me in layman's terms.

My understanding if I remember correctly: Bosch labeled some tools as being "Made in the USA" whereas the full truth may have been "Assembled in the USA". However, my memory may not be correct since I didn't keep the claim card.

Anyway...
I'm still going to go buy a new Bosch unit this weekend. Thx.
Kev

Wade Lippman
03-07-2008, 7:36 PM
Law is complex because humans in all their crazy diversity of thought and motive and conduct are - complex.

No, law is complex because lawyers need it to be, and they write the laws.

What's the figure, the US has 60% of the world's lawyers?

Peter Quinn
03-07-2008, 7:39 PM
I'd like to see a class action suit about the on/off rocker switch on the 1617EVS router motor. It is a pretty substandard part on an otherwise beautiful tool. Bosch as I understand it owns through aquisition the rights to the original stanley router and their present offerings are direct discendants of that tool. In todays global market I'm more interested in performance than legal technicalities. I think you deserve money from them based on the grief they have caused me!

I know thats convoluted logicbut I like it.

Wade Lippman
03-07-2008, 7:43 PM
Yes, but they will send you a replacement at no charge. What's the big deal?

Peter Quinn
03-07-2008, 7:47 PM
Wade, are you saying bosch will replace the switch on my router at this point free of charge? Is the design improved or is it the same unsealed switch?

Wade Lippman
03-07-2008, 11:34 PM
Wade, are you saying bosch will replace the switch on my router at this point free of charge? Is the design improved or is it the same unsealed switch?

Well, they did on mine.
I have three, and the one I used on my router table went bad. I called them and they sent me a new switch; despite being well out of the warranty period. Goes in easily enough.
I don't know if it is the same design or not because I put a switch on the router table, so I never really put it to a test.

I have read that simply cleaning the switch out makes it work again, but I can't confirm that.

Greg Peterson
03-07-2008, 11:43 PM
Well said Cliff. Despite our desire to live simple lives, societies are extremely complex. Laws aid in defining and enforcing the attributes that define a society. Lawyers interpret and help laymen navigate the legal system. Plumbers fix plumbing and electricians fix wiring.

The justice system is as real as the tooth fairy. Any resemblance between the legal system and the justice system is purely coincidental.

Daniel Berlin
03-08-2008, 2:55 PM
No, law is complex because lawyers need it to be, and they write the laws.

What's the figure, the US has 60% of the world's lawyers?

Actually, the politicians write the laws, then lawyers come and argue about what it means since the law is never written in simple, easy to understand terms.

These days, in law school, you will fail your legal writing classes if your writing is like most people are used to seeing from lawyers.
It has to be plain, understandable, etc.

Certainly, a lot of older lawyers write like crap, and a lot of younger lawyers are browbeat by the older partners they report to into writing like crap.

But i wouldn't blame lawyers for the failings of people who draft laws, even if some of these people have law degrees.

Bad writing is bad writing regardless of who does it.

John Shuk
03-08-2008, 5:27 PM
Cliff,
You truly put things in perspective for me with your post. I have always ranted about the lawyers who troll for suits like this. I understand that not all lawyers do this. (Hey, some of my best friends are lawyers). I still think they may be a little karmacally challenged but some good does come from their actions. There needs to be some form of redress and if somebody has figured out how to get rich well what can I say?

Phil Thien
03-08-2008, 5:37 PM
Actually, the politicians write the laws

Not taking sides here, but don't most politicians have law degrees?