Archive for the ‘Tort Reform’ Category

Tell the Legislature to Protect Seniors from Forced Arbitration

September 2nd, 2015

Few in our society are as fragile and defenseless as seniors, particularly those in long-term care facilities. This is the reason why a proposed change to Medicare and Medicaid regulations—one that would outlaw forced arbitration as a precondition of entry into such a facility—is so important. Civil justice blog ThePopTort drew our attention to this proposition,…

Texas Bill, Which Would Effectively Immunize Insurance Companies for Wrongdoing, Doesn’t Pass

August 19th, 2015

Texas—a state that already has on the books some of the toughest and most draconian tort reform measures in the country—was until recently in the process of passing a bill that would have (according to the Texas Tribune) made “it harder for homeowners and companies to recover certain damages from their insurance companies.” In the words…

Legislation Targeting Asbestos Victims Moves Through House Committee

July 29th, 2015

Shortly after the most recent round of midterm elections, we predicted that one of the priorities of the new Congress would be to enact as many tort reform measures as possible. We suggested this might include both a push to enact the Lawsuit Abuse Reduction Act (LARA) and the Furthering Asbestos Claim Transparency (FACT) Act,…

Even More Data Proves Pennsylvania Medical Malpractice Filings Declining

July 22nd, 2015

Back in June of 2013, we published an article detailing a 45-percent decline in the number of medical malpractice case filings statewide. Armed with a few more years’ worth of data, the Administrative Office of Pennsylvania corroborates these statistics, indicating that such cases are at their lowest level in fourteen years. This new document counts…

New York Implements Multistate “Uniform” Bar Exam

July 15th, 2015

One of the most daunting prospects a recent graduate of law school has to face is the dreaded bar examination. For decades, each state had its own version of the test, but in 2011, Missouri rolled out a so-called uniform bar exam that fifteen other states have since implemented. The newest, and the most high-profile,…

New Book on American Healthcare System Misses the Mark on Tort Reform

July 1st, 2015

Tort reform—a divisive, high-profile, and often misunderstood issue in American politics—is never out of the news for long. Despite recent reports in the New York Times, the New England Journal of Medicine, Public Citizen, Forbes, and HealthAffairs claiming that tort reform (as it exists in a few states) does nothing to lower healthcare costs, the…

Some Wins, Some Losses in Tobacco Class Action Suits

April 1st, 2015

In November, this blog published an article about the ways in which class action lawsuits—cases in which a group of individuals (a class) may stand together against wrongdoing—have the ability to protect Americans from a variety of threats: discriminatory and predatory lending and insurance policies, invasion of privacy, racial and gender discrimination, and mortgage loan…

The Right to Jury Trial in Civil Cases: Reasserting the Importance of the Seventh Amendment

February 25th, 2015

The right to a jury trial in criminal cases is well known, but the right to a jury trial in civil cases is also a sacrosanct right under the United States Constitution. The Seventh Amendment is under attack, argues Joanne Doroshow, executive director of the Center for Justice and Democracy at New York Law School….

Campaign Finance Threatens Political and Judicial Impartiality

February 18th, 2015

Back in November, we argued that in recent years campaign finance—especially among potential judges—has undermined Americans’ faith in the judicial branch. Thanks to, we’ve got more bad news on that front after only a few months’ time. The legal blog mentions the recent case of Altria, Philip Morris’ parent company, whose executives contributed half…

New Congress Expected to Take Aim at Asbestos Victims

December 24th, 2014

Now that the dust has settled after this year’s midterm elections—in which thirty-three Senate seats and all 435 seats in the House of Representatives were up for grabs—both the House and the Senate will be in the hands of Republicans (for the first time since 2006). Beginning in just weeks, we can expect to see…

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