Archive for the ‘Tort Reform’ Category

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…


Parallel Claims Alter Medical Products Liability Claims

April 2nd, 2014

The last week in February, Michael Walsh published an article in the New Jersey Law Journal claiming that courts are “relegating failure-to-warn claims, the decades-old staple of medical products liability, to the trash bin of tort jurisprudence” in favor of parallel claims. Walsh points to three Supreme Court cases that established a basis for the…


Tort Reform Does Not Create More Doctors

March 5th, 2014

In early February of this year, the Des Moines Register editorial staff ran an article attempting to confirm what this blog has been arguing since its inception: efforts toward so-called tort reform have accomplished very little when it comes to increasing the number of doctors practicing in a given state. The Register’s article begins by…


Tort Reformers Collect Huge Sums While Claiming to Oppose Lawsuits

February 19th, 2014

This blog has covered the United States Chamber of Commerce before, calling it in 2011 a “misleadingly named collection of businesses considered the largest pro-corporation lobbying group in the U.S.”


Three New Tort Reform Proposals Reach the House

November 20th, 2013

The consumer activist and pro-civil justice blog ThePopTort.com informs us, somewhat in jest, that last week was the unofficial “House Tort Reform Week,” in which congressional leadership placed two so-called “tort reform” bills on the House floor and heard details in a subcommittee about a third. Despite overwhelming issues that plague this country following the…


Forbes’ Comprehensive, Fact-Based Critique of Tort Reform

November 13th, 2013

“Tort Reform” was back in the news last month thanks to an article in Forbes by Steve Cohen provocatively titled “Can Obamacare Improve Patient Safety? Tort Reform Hasn’t?” In it, Cohen argues what this blog has been asserting for years, that tort reform has not led to beneficial results for doctors, patients or the national…


Texas Tort Reform Claims Another Victim

November 6th, 2013

Texas resident Connie Spears had a terrible 2010, but her 2013 has not been much better. Three years ago, she went to a local hospital’s emergency room complaining of pain in both legs. When speaking with hospital staff, she informed them of her history of blood clots, but they sent her home. Only a few days…


After Tort Reform: Texas Doctors Operate without Oversight

October 2nd, 2013

Largely in line with the mission of this firm, pro-civil justice blog The Pop Tort recently featured an article about regulation in the health care industry, writing that “deregulation and lax regulatory enforcement [seem] to have become a national goal.”


American Tort Reform Association Releases Annual “Judicial Hellholes” Report

December 20th, 2012

Earlier this month, the American Tort Reform Association (ATRA) released its annual report of the top “Judicial Hellholes” in the country, those areas in which “frivolous lawsuits” apparently run rampant. According to the media watchdog group Media Matters for America, these are jurisdictions which “corporate defendants feel are not favorable to their interests.” These jurisdictions…


 
 
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