Newby brings free market extremism to NC Supreme Court

If you're a victim of fraud or other deceptive practices, it must be your own fault:

A critical finding in the majority opinion, written by Justice Paul Newby, was the determination that consumers must show that misrepresentations by the bank were a factor in their decision to enter into the loans, which in legal parlance is known as reliance. That was the legal argument put forth by Community Bank. The bank contended that the consumers took out the second mortgages based on the total package – the fees and the interest rates – and not “because they believed they were receiving discounted loans,” the court noted.

The court also overturned the claim of excessive fees, reasoning that “in most cases, there is nothing unfair or deceptive about freely entering a transaction on the open market.”

This is what happens when you put an ideologue like Newby in such an important position: he disregards precedence and good common sense, and makes a ruling based on his faith in an unproven economic theory. The fairy tale goes like this: if a business or individual continues to operate dishonestly, eventually customers will stop buying their product. Ergo, the government doesn't need to get involved. And there's no such thing as a "victim" in this formula, they are "participants" in a transaction who didn't pay close enough attention or ask the right questions. That's not justice, it's called negligence.

Comments

Vote against this nonsense in the Nov 2014 judicial races

Vote AGAINST Justice Mark Martin (he's running for Chief Justice in Nov 2014) who signed onto this ridiculous opinion.

Put Paul Newby into the minority on the Supreme Court for the remainder of his term.

Since these next two justices are the only two with any sense and dissented from the craziness, vote FOR them in Nov 2014 -- Justice Cheri Beasley and Justice Robin Hudson.

 

This is precisely why

the right-wing nut jobs spent millions to ensure that Newby was re-elected. They expect their money's worth.

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"What I see from the folks who are opposing our agenda is whining coming from losers." -- Thom Tillis

Let Madam Justice Pound The Hell Out Of Both Them!!

Madam Justice should come out of the Batcave and pound the Goat crap out of them like She did before...

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