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Reparations denied
Posted by: McQ on Friday, December 15, 2006

At least by the 7th US Circuit Court of Appeals:
A federal appeals court in Chicago has rejected most claims by slave descendants for reparations from some of the nation's biggest insurers, banks and transportation companies. The three-judge panel of the 7th U.S. Circuit Court of Appeals affirmed a lower court ruling that slave descendants have no standing to sue based on injustices to ancestors and that the statute of limitations ran out more than a century ago.
However I'm sure they'll attempt to waste more of the taxpayers money on appeal. The phrase which bothers me is "rejected most claims". I have to wonder what claims they didn't reject and if they constitute a legitimate basis for appeal.

UPDATE: From Sean at myelectionanalysis.com:
They left in the consumer protection/fraud claims. Eg these companies hid evidence that they had participated in the slave trade, encouraging Plaintiffs to buy goods that they wouldn’t otherwise have bought. The Seventh expressed skepticism about the viability of these claims, but said Ps were entitled to discovery. It also allowed claims to go forward where Ps were suing as representatives of their slave ancestors, though the Court again expressed skepticism.
UPDATE II: Michael Wade provides a more detailed explanation at A Second Hand Conjecture.
 
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Previous Comments to this Post 

Comments
All that to one side, there is a fatal
disconnect between the victims and the plaintiffs. When a
person is wronged he can seek redress, and if he wins,
his descendants may benefit, but the wrong to the ancestor
is not a wrong to the descendants.
For if it were, then
(problems of proof to one side) statutes of limitations
would be toothless. A person whose ancestor had been
wronged a thousand years ago could sue on the ground
that it was a continuing wrong and he is one of the victims.
http://www.ca7.uscourts.gov/tmp/YV0IFUEG.pdf
 
Written By: Jay Evans
URL: http://
D@mn I was hoping they’d win, because I’m of Polish and Irish ancestry, and you WASP M&tha-F&c(k@’s were gonna PAY, believe you ME! Now what will I do?
 
Written By: Joe
URL: http://
They left in the consumer protection/fraud claims. Eg these companies hid evidence that they had participated in the slave trade, encouraging Plaintiffs to buy goods that they wouldn’t otherwise have bought. The Seventh expressed skepticism about the viability of these claims, but said Ps were entitled to discovery. It also allowed claims to go forward where Ps were suing as representatives of their slave ancestors, though the Court again expressed skepticism.

These are private defendants, so there won’t be much of a waste of TP dollars. This case will likely get a 15-minute lookover by a clerk in the cert pool at the Supremes, and cert will be denied.
 
Written By: Sean
URL: http://www.myelectionanalysis.com
Thanks Sean.
 
Written By: McQ
URL: http://www.qando.net/blog
Aside from the legal minutiae and practicaliety,
it does seem odd that the question fo raparations can not be properly addressed in this country.

The question of Germany paying reparations to the state of Israel, as well as individuals, was addressed and resolved.

I’ve never understood why the descendants of slaves or native Indian tribes should not also have access to reparations. In the case of the Indians, it’s not even reparations per se, but the collection of unpaid revenues from the exploitation of their lands.

There seems to be a lack of justice in the justice system. Probably, these questions will never be resolved for practical reasons. Still, it would be comforting to hear an acknowledgement of the injustice involved.
 
Written By: Laime
URL: http://
"I’m sure they’ll attempt to waste more of the taxpayers money "

Yeah, it’s a shame that it should be so expensive to seek justice.
It would be so much more economic to dispense with legal counsel in criminal cases, as well
Hey, why even bother with courts?
 
Written By: Laime
URL: http://
Yeah, it’s a shame that it should be so expensive to seek justice.
And what "justice" are they seeking?
 
Written By: McQ
URL: http://www.qando.net/blog
"And what "justice" are they seeking?"

I would say, recognition of the lasting effects of slavery and Jim Crow laws.

If you are disputing that the descendants of slaves bear scars, I would refer you to the finding that molestation in childhood can warp the person for life and seep into succeeding generations. The descendants of Nazis pay reparations to the descendants of victims.

If you are upset because your tax money is involved, I would refer you to the fact that it is also spent for legal counsel for the indigent. You can either see that as a reasonable response by society to a need for ’justice’ for all, or you can ascribe to the notion that if you can’t afford a lawyer, then you can’t afford justice.

By the way, should you ever end up in court seeking justice for yourself, my tax dollars will probably be spent to bear the cost of the judge, the jury, and all other related expenses.
 
Written By: Laime
URL: http://
"If you are disputing that the descendants of slaves bear scars, I would refer you to the finding that molestation in childhood can warp the person for life and seep into succeeding generations."

Please do refer me to the finding that molestation "seeps"(possibly not the best choice of words, by the way) into succeeding generationS. Note that generations is plural. Also please refer me to a finding that says that is relevant to slavery.

Do we really have to go throught this again? Can you name an ethnic or racial group that has never ever been enslaved? Can you name one that never owned slaves?

If we agree to pay reparations to slaves and the children of slaves, will that be good enough end this stuff?
 
Written By: timactual
URL: http://
Please do refer me to the finding that molestation "seeps"(possibly not the best choice of words, by the way) into succeeding generationS. Note that generations is plural. Also please refer me to a finding that says that is relevant to slavery.
It’s not relevent to slavery.

But most people who are child molesters were molested themselves as children but it doesn’t nessasarily have to be family so it may or may not be "seeping" into future generations per se.
If you are disputing that the descendants of slaves bear scars
descendants of slaves don’t bear scars unless they themselves were born into slavery. Since everybody that was enslaved in the U.S. is now dead there are no scarred descendants of slaves.
 
Written By: Mac
URL: http://
I would say, recognition of the lasting effects of slavery and Jim Crow laws.
Then why aren’t they suing the Democratic party?
If you are upset because your tax money is involved, I would refer you to the fact that it is also spent for legal counsel for the indigent.
Which has zip to do with frivolous lawsuits in which the plaintiff has no standing and the statute of limitations has run out anyway.
 
Written By: McQ
URL: http://www.qando.net/blog

 
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