Posts Tagged ‘tort reform’

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 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…

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.”

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