Archive for the ‘Tort Reform’ Category

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…


Oklahoma Factory Closing Sparks Tort Reform Debate

November 7th, 2012

On October 4, The New York Times published an article in which the author, Clifford Krauss, discusses the closing of a gas can factory operated by Blitz USA, formerly the largest manufacturer of its kind in the United States. Blitz sold 14 million units a year for a decade, but in recent years those at…


Tort Reform State-by-State: Texas

July 18th, 2012

In today’s post, we again address the issue of tort reform. In previous months, we have published pieces on the pro victims’ rights documentary Hot Coffee, how tort reform has affected the healthcare system of Ohio and “loser pays” rules in Texas. As part of our continuing focus on the insurance industry’s tort reform campaign,…


Has Medical Malpractice Tort Reform Enacted any Positive Change in the United States?

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…


More Evidence Opposing Medical Malpractice Tort Reform in Pennsylvania

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…


Personal Injury Attorney Royce Smith Speaks About the Movie Hot Coffee on 105.3WDAS-FM

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…


Medical Malpractice in Nursing Home Cases – Politicians Attempt to Limit Damages

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…


Unjust Lawsuits Claiming Legal Reform Thwart Rights of Americans in Personal Injury Cases

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.


Texas Tort Reform: Loser Pays Legislation Adds Insult to Injury

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.


Personal Injury – The Myth of the Frivolous Lawsuit – Hot Coffee Part III

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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