Archive for the ‘Tort Reform’ Category

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 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…

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 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…

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