Archive for the ‘Tort Reform’ Category

More Evidence Tort Reform Doesn’t Lower Healthcare Costs

December 3rd, 2014

One of the issues this blog has covered tirelessly is tort reform, which (in states that have passed such legislation) has neither created more doctors nor lowered overall healthcare costs. Writing for the New York Times’ healthcare blog The Upshot, medical school professor Aaron E. Carroll provides a really informative and easy-to-understand primer on the…


Campaign Finance Undermines Americans’ Faith in Judicial Branch

November 19th, 2014

Tort reform is hardly a headline-grabbing subject, and it’s not all that often that a high-profile news outlet runs a thorough and insightful piece on the subject. The magazine Mother Jones has done so, however, in an article targeting interest groups’ financing of judicial elections called “Is Your Judge for Sale?” (thanks to civil justice…


How Class Action Lawsuits Help All Americans

November 5th, 2014

In the past, this blog has covered the issue of forced arbitration (through contracts of adhesion), a practice that enables corporations and other businesses to avoid lawsuits from consumers in favor of mediation with a company-appointed arbitrator. The consumer has no idea that he/she is bound to litigate any dispute by arbitration due the inclusion…


Are Punitive Damages in Texas Punitive Enough?

October 29th, 2014

In mid-September of this year, a jury in Texas awarded Martha Salazar $73 million dollars—including $50 million in punitive damages—after she brought a lawsuit against Boston Scientific, the company responsible for manufacturing the Obtryx transvaginal mesh sling. Salazar, who received the pelvic implant to clear up minor urinary leakage at the age of 38, can…


Missouri Cap on Punitive Damages Overturned

October 22nd, 2014

Punitive damages—monetary amounts designed to be a deterrent for reckless behavior against defendants—are important to the civil justice system in this country. However, they are also often attacked by critics in the so-called “tort reform” movement for being disproportionately large and arbitrarily assigned. The headlines that accompany recent cases—like Cynthia Robinson’s $23 billion punitive damages…


The Real Villains of Tort Reform Debates: Insurance Companies

May 21st, 2014

This month, pro-civil justice blog ThePopTort.com ran a story on an article published by the nonpartisan policy group the Center for Public Integrity called “Keeping an Eye on Insurance Companies that Refuse to Pay Claims.” Author Wendell Potter, a former VP at insurance giant Cigna, reports that companies like Aetna (which had a net income…


Debunking Even More Myths about Medical Mistakes

May 14th, 2014

In a post published last week, this blog detailed a fledgling platform called Leapfrog, which assigns over 2,000 American hospitals letter grades based upon safety records and patient reviews. The goal of this system is to increase hospital transparency by publicizing and hopefully preventing recurring and preventable medical errors that kill half a million people…


In an Attempt to Avoid Lawsuits, General Mills Pushes for Forced Arbitration

April 30th, 2014

The right to a trial by jury in civil matters is firmly entrenched in the United States Constitution. The civil justice system is the only tried and tested check on corporate malfeasance, and it is only in the courtroom where individual citizens can bring massive corporations to justice. Often, two adverse parties can agree to…


California Voters Push to Remove Cap on Non-Economic Damages

April 23rd, 2014

A few weeks ago, this blog published an article about the overturning of a non-economic damages cap by the Florida Supreme Court, one that prevented families of people who died through no fault of their own from collecting any more than half a million dollars in pain and suffering compensation. That post mentioned that several…


Florida Supreme Court Removes Non-Economic Damages Cap

April 9th, 2014

Last month, Florida’s Supreme Court attacked the state senate for creating what one justice called an “alleged medical malpractice crisis.” The court was referring to the legislative “tort reform” package first formulated in 2013 which placed caps on non-economic damages i.e. compensation for pain and suffering in catastrophic cases and wrongful death claims. Florida’s cap…


 
 
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