Posts Tagged ‘ Tort Reform ’

Tort Reform Video Takes it Too Far–or Right on the Money?

January 24th, 2012. By AbiK

Was clicking around on some attorney blogs, and came across this gem—a rendering of what tort reform could look like for medical malpractice. Clearly it’s a bit over the top in a number of ways–but the point is there. And sadly, it takes a dramatization like this in order to crystallize key points buried in tort reform legislation. 

If you’re wondering what the HR 5 bill is, it’s aim is to “improve patient access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system.” That’s the aim. And it all sounds good—until you start to read and understand what it all might mean to you or your loved one should you find yourself in need of a personal injury attorney.

Oh, and note to self: phrases on a government bill such as “sharing of information” should always pique one’s interest…

Tags: Caps on Damages, HR5 Bill, Liability, medical malpractice, Punitive damages, Tort Reform
Posted in Emerging Issues, Tort Reform | No Comments »

Public Citizen Slams Chamber of Commerce re Frivolous Lawsuits

January 9th, 2012. By AbiK

The U.S. Chamber Institute for Legal Reform recently issued the results of its “Most Ridiculous Lawsuit of 2011” poll. According to FacesofLawsuitAbuse.org, the list showcases “the most egregious examples of frivolous and abusive litigation from around the country”.

The list, however, is not compiled for the sake of humor. It’s compiled as part of the US Chamber of Commerce’s agenda to ultimately curtail consumers’ access to the courts—in order to alleviate the impact that ‘frivolous’ lawsuits have on “businesses, families, and everyday Americans through lost time, money and job growth.”

Sounds good, right? Until you take a look at the list—as Public Citizen’s Congress Watch Research Director, Taylor Lincoln did—and realize that it includes a bunch of lawsuits that never went anywhere and probably never stood a chance in hell of being taken seriously in the first place.

And, if you’re going to compile a list of “most egregious” lawsuits, then you really ought to be able to measure just how egregious they are—in terms of time and cost. But oddly, many of these lawsuits, as Lincoln points out, were dismissed or withdrawn. In fact, 80% of the lawsuits on the list were dismissed or withdrawn.

To be clear, many of the lawsuits were approaching the absurd. LawyersandSettlements.com certainly deemed a number of them so when we reported on them (see how we covered some of the lawsuits that made the list: 8 Questions for Quack who filed Chuck E. Cheese Gambling Lawsuit, Steven Miner, Kathryn Miner…Meet Lisa Steinberg, White Castle 290 lb Craver Files Lawsuit to Sit, Movie Madness: Lawsuit Says “Drive” didn’t Drive Enough).

But—and here’s the beef of the Public Citizen article—if you’re going to showcase lawsuits such as these and use them as the basis for your argument to handcuff the consumers’ right to seek justice, you need to come up with something better to base your argument on.

One-off lawsuits that are rapidly dismissed or withdrawn do not quite compare in impact with those of a larger scale that drag on for years (e.g., Bank of America lawsuits alone have probably cost this country more than any of us could fathom—and they continue because, for some reason, a slap on the wrist just doesn’t seem to deter recidivist fraudulent behavior.)

Indeed, as Lincoln then points out, the type of litigation that is clogging—or abusing—the courts and costing both businesses and “everyday Americans” is corporate fraud such as what we’ve seen with major banks and mortgage foreclosure practices.

And it’s time for the US Chamber of Commerce to take a look at that.

Tags: Access to Justice, Public Citizen, Right to Trial, Tort Reform, US Chamber of Commerce
Posted in Emerging Issues, lawsuits | No Comments »

Don’t Miss Movie Blows Lid off Tort Reform

June 9th, 2011. By AbiK

Think you really know what happened with that McDonald’s Hot Coffee lawsuit? You’re about to learn the part of the story that wasn’t covered in the news…

In the ‘blow the lid off the top’ genre of documentaries, this summer’s sure-to-be cult favorite movie is…

More insidious than Big Oil and fracking…

More damning than the water movie “Flow” …

More frightening than genetically modified food…

And it’s going to make you think a lot more about tort reform and what it means to you and me. About caps on awards and about mandatory arbitration. About protecting your rights. And about what it’s been like for four individuals and their families to have tried to stand up for themselves in the name of justice.

Do not miss “Hot Coffee”. A documentary by Susan Saladoff. The Washington Post calls it a “stunning debut”. Variety calls it an “Eye-opening indictment”. And LawyersandSettlements.com calls it about time—and a much-needed reality check on our legal system.

“Hot Coffee” is premiering on HBO on June 27th. Check your listings. For more information, visit hotcoffeethemovie.com.

Tags: Documentary, HBO, hot coffee, McDonald's Coffee, Movie, Public Citizen, Susan Saladoff, Tort Reform
Posted in Emerging Issues, lawsuits | 1 Comment »