Posts Tagged ‘tort reform’

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…


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…


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…


Campaign Finance Undermines Americans’ Faith in Judicial Branch

November 19th, 2014

Tort reform is hardly a headline-grabbing subject, and it’s not all that often that a high-profile news outlet runs a thorough and insightful piece on the subject. The magazine Mother Jones has done so, however, in an article targeting interest groups’ financing of judicial elections called “Is Your Judge for Sale?” (thanks to civil justice…


Are Punitive Damages in Texas Punitive Enough?

October 29th, 2014

In mid-September of this year, a jury in Texas awarded Martha Salazar $73 million dollars—including $50 million in punitive damages—after she brought a lawsuit against Boston Scientific, the company responsible for manufacturing the Obtryx transvaginal mesh sling. Salazar, who received the pelvic implant to clear up minor urinary leakage at the age of 38, can…


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 ThePopTort.com 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…


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…


GM Recall, Now Linked with Safety Cover-Up, Grows

April 16th, 2014

In the month or so that has elapsed since we reported on General Motors’ massive recall, the automakers’ problems have not improved. Our article’s headline claims that 1.6 million vehicles have been affected, but apparently that estimate was on the low end and on April 4, the New York Times claimed that the number had…


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…


 
 
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