August 3, 2022
“My lawyers will tear that contract apart before breakfast,” said numerous movie and TV actors playing the role of the arrogant corporate antagonist. The variety of threats rings with a tone of authenticity, given the American public’s largely negative view of lawyers as unscrupulous, greedy and willing to bend the rules in their favor.
Public sentiment is especially unforgiving toward trial lawyers, who had the presence of mind to remove the words “trial lawyers” from the name of their association in 2006. Primarily seen as possessing the ability to rain misery on just about anyone with an aggressive lawsuit, regardless of its merits, frequently the damage from these lawsuits has the power to harm far more people beyond those directly involved in the litigation.
Such a case is before us now, threatening injury to Americans’ medical care, our economy and sound legal precedent. A putative class-action suit, Carmen v. Health Carousel LLC is exploiting amendments to the Trafficking Victims Protection Act (TVPA), a law that allows victims of human trafficking to take their traffickers to court in a private action for damages.
The TVPA is important and historic for providing victims of horrific abuse the chance to earn back a small glimmer of justice for their suffering. Now it is being shamefully exploited in court by a handful of trial lawyers to break employment contracts voluntarily entered into by foreign nurses and physical therapists working within their professional capacity.
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