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Archive for the ‘Tort Reform’ Category
March 28th, 2012
The question is whether or not medical malpractice tort reform has enacted any positive change in the United States. The answer you get depends almost completely upon whom you ask. Advocates for tort reform legislation argue that doctors who fear lawsuits for medical negligence practice “defensive medicine,” ordering unnecessary tests and complicated procedures to cover
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March 21st, 2012
The politicians (on both sides of the aisle) who passionately proclaim that medical malpractice lawsuits and “jackpot justice” are serious, out-of-control problems in our civil justice system have been found to be exaggerating. The Administrative Office of Pennsylvania Courts issued a press release with its most up-to-date statistics (as of 2009) regarding malpractice claims. Both
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February 29th, 2012
As a follow up to our original blog series focused on the movie Hot Coffee, Feldman Shepherd personal injury attorney Royce W. Smith shared his insights about the movie and its larger message with WDAS-FM radio show host Patty Jackson. During the interview, Smith echoed the sentiments of Feldman Shepherd’s Personal Injury – The Myth
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February 15th, 2012
Amaris Elliott-Engel wrote an article in The Legal Intelligencer (which will be excerpted here, although premium access is required to view the full text) about the Pennsylvania State House of Representatives’ recent push to enact a piece of tort reform legislation that would cap punitive damages in cases involving professional malpractice in nursing and assisted
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January 4th, 2012
The American Association for Justice (AAJ) recently published a short pamphlet catchily titled Do As I Say, Not As I Sue, an attack on the hypocrisy of the United States Chamber of Commerce, that shadowy pro-corporate lobbying group mentioned a few posts ago in reference to the documentary Hot Coffee. Despite its official-sounding name, the Chamber has nothing to do with the United States government. Having said that, the Chamber still exerts serious influence on campaigns and legislation through its lobbying.
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December 7th, 2011
As an addition to the tort reform legislation passed in Texas in 2003, the state’s government is now in the process of implementing a “loser pays” law, which is one of the most contentious recent developments to fall under the umbrella of tort reform. At first glance, a “loser pays” system may appear reasonable, but upon closer inspection it is anything but.
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November 30th, 2011
There are many excellent resources available online that discuss the Hot Coffee case and how it relates to Tort Reform in personal injury cases. Here are just a few that we recommend:
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November 16th, 2011
After premiering at the 2011 Sundance Film Festival, the documentary Hot Coffee made its television debut on HBO. The first movie directed by former attorney Susan Saladoff addresses complex problems in the country’s civil justice system including mandatory arbitration, corporate financing of judicial campaigns, caps on damages in civil / personal injury law suits (aka Tort Reform), and (in her words) “the myth of the frivolous lawsuit.”
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