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Tort Reform

It's Time to End Dirty Back Rooms of Injustice

Joanne Doroshow | Posted 11.04.2015 | Politics
Joanne Doroshow

For those who haven't read the series, let me summarize: If you have a credit card, bank account, purchased anything over the internet, rented a car, placed a loved one in a nursing home or even gotten a new job lately, it is likely that you have unknowingly agreed to have any dispute with the company resolved in a private, biased, corporate-controlled arbitration system.

Republican Hypocrisy Helps Criminals Get Guns

Dale Hansen | Posted 10.23.2015 | Politics
Dale Hansen

When it comes to gun regulations Republicans have a lot of concerns. While having your rights restricted is obviously an issue for most Americans, nearly every proposal aimed at reducing gun violence has corresponding Republican-backed legislation that should ease the concerns of the "they're coming to take my guns" crowd.

3 Issues That Should Be a Part of the Health Care Debate

Sai Balasubramanian | Posted 10.12.2015 | Healthy Living
Sai Balasubramanian

In what has been declared by many as a "crisis," the American health care landscape has been undergoing a vast array of changes over the past decade. ...

'Outlier': Garlock Case Gives Traction to Asbestos Fraud Claims

Sara Warner | Posted 09.16.2015 | Crime
Sara Warner

Multiple defense lawyers have been alleging institutional and operational fraud for years, but lately those charges are gaining some credence. From North Carolina to New York, cases that were initially discredited by victims' attorneys as mere "outliers" are gaining traction.

When a Corporation Is 'Too Big to Care' About Breaking the Law

Joanne Doroshow | Posted 09.16.2015 | Business
Joanne Doroshow

Given the rash of corporate abuse in this country, limiting punitive damages seems like the worst possible idea at the worst possible time. Yet over the last few decades, U.S. Supreme Court decisions and state lawmakers have severely weakened punitive damages.

Rick Perry Tries Again

Chris Weigant | Posted 06.10.2015 | Politics
Chris Weigant

He, obviously, wants to follow the trail Bush blazed from the Texas governor's office to the Oval Office. However, this will be the second run for Perry, and he'll have to improve significantly on his previous performance to even have a chance of doing so.

In Congress, NY's Silver Case Becomes Asbestos Reform Political Football

Sara Warner | Posted 05.22.2015 | Politics
Sara Warner

It will be months before Sheldon Silver, the ousted New York Assembly Speaker facing federal corruption charges, finally gets his day in court.

GOP, Media Positioning Victims' Attys as '1%ers'

Sara Warner | Posted 04.14.2015 | Politics
Sara Warner

Asbestos litigation is a $10 billion per year industry, with some $2 billion going to plaintiff firms, so it's not like there's no money in the high-risk job of suing corporate America.

Small Businesses' Infinitesimal 'Tort' Problem

Joanne Doroshow | Posted 04.13.2015 | Politics
Joanne Doroshow

For years, Big Business lobby groups have been advancing a legislative agenda to limit the liability of corporations that cause injuries. One of their principal arguments is that tort restrictions are needed to allow small businesses to survive. Yet internal business surveys have consistently shown this view to be utterly groundless.

Tort Law: The Muscle of Justice

Ralph Nader | Posted 04.04.2015 | Politics
Ralph Nader

The ongoing assault on the civil justice system in our country has resulted in a lessened public appreciation of the law of torts, which is one of the major pillars of our legal system and provides crucial protections for individuals. Now comes the American Museum of Tort Law.

Respecting the Seventh Amendment

Joanne Doroshow | Posted 03.23.2015 | Politics
Joanne Doroshow

We are seeing more proposals to limit the right to jury trial than ever before.

Illinois Restaurants: Differing Minimum Wages Throughout the State Would Hurt Our Business

Matthew Dietrich | Posted 01.31.2015 | Chicago
Matthew Dietrich

The race is on to raise the minimum wage in Illinois. The question this week appears to be whether lawmakers in Springfield will act first and prevent the Chicago City Council from creating an eventual $13 minimum wage that would be significantly higher than the statewide wage.

CSX Civil Lawsuit, Midterm Victories Are Tort Reform Victories (Update)

Sara Warner | Posted 01.11.2015 | Politics
Sara Warner

Don't look now, but the midterm elections are not the only huge November win for the politically conservative Koch brothers, and likely not even their most relevant. The CSX Transportation company, a subsidiary of Koch Industries, also scored a huge civil court victory.

No Bull: Vote YES on CA Propositions 45 & 46!

Ellen Snortland | Posted 12.31.2014 | Politics
Ellen Snortland

Don't be fooled by insurance companies and the obscene amounts of money they're spending to defeat these measures.

Malpractice 'Caps' Treat Women, Children and Seniors as Second-Class Citizens

Joanne Doroshow | Posted 12.29.2014 | Politics
Joanne Doroshow

When a state 'caps' non-economic damages, politicians have essentially decided to value the destruction of someone's life by what that person would have earned in the marketplace, since lost earning are never 'capped.' This promotes a kind of caste system.

How Tort 'Reform' Ruins Health Care for Everyone

Joanne Doroshow | Posted 12.27.2014 | Healthy Living
Joanne Doroshow

No matter where you live, you should find these results to be extremely troubling. These days, we must all be concerned about unsafe hospital care and understand, as a nation, that "tort reform" laws are making things worse for everyone.

Sue the Republican Majority in Congress

Allen Schmertzler | Posted 10.04.2014 | Politics
Allen Schmertzler

Whereas full-body contact and the use of firearms may be a preferred tactic to settle individual grievances for those with less financial means, the elite class prefers to fight through their lawyers, a form of legal combat with established rules.

Pandora's Box: Dems Should Pay Close Attention to Victims Facing Asbestos Perjury Claims

Sara Warner | Posted 06.28.2014 | Politics
Sara Warner

It's one thing to embrace political allies like the trial lawyers, but I'm hoping my fellow Democrats shed light on this gray area. By doing so, and by focusing on protecting victims, we can avoid some of the election-year debris from this particular train wreck.

Florida's Supreme Court Finally Takes a Stand for Victims of Medical Malpractice

Spencer Aronfeld | Posted 05.20.2014 | Healthy Living
Spencer Aronfeld

As a Florida personal injury attorney who has worked hard to help injured patients and their families, I believe that this decision comes 11 years too late.

Justice Takes the Slow Lane

Sara Warner | Posted 04.12.2014 | Los Angeles
Sara Warner

Access to justice in Los Angeles has become more difficult than it is elsewhere, even in much of California. And while I'm not the first to note that whatever happens in California eventually makes its way across the country, that trend is coming to deny access to a courthouse near you.

Patient Safety Takes a Back Seat, Once Again

Joanne Doroshow | Posted 03.22.2014 | Healthy Living
Joanne Doroshow

If 20 jetliners began crashing weekly, said a safety expert recently, "There would be a national ground stop. Fleets would be grounded. Airports would...

Maybe It's Time to Find a New Word for "Reform"

Joseph A. Palermo | Posted 03.10.2014 | Politics
Joseph A. Palermo

Today, as Orwell predicted, we need a new political language. "Reform" is being used in our political discourse by the wealthy and corporate mouthpieces as code for privatizing and deregulating every public service they can get their greedy hands on.

The Judicial-Industrial Complex

David Bergstein | Posted 02.25.2014 | Los Angeles
David Bergstein

An increasingly alarming number of frivolous cases are being filed, both as class action suits and individual claims. Many proceed for years, sometimes for more than a decade. Even if a claim is defeated, the costs involved in defending a claim are exorbitant.

Verdict Is In: California Courts Hellish

Sara Warner | Posted 02.18.2014 | Los Angeles
Sara Warner

Isn't it funny when you totally agree with somebody, but for totally different reasons? The D.C. based American Tort Reform Association released a report on Tuesday designating California as the nation's leading "Judicial Hellholes," and cited Los Angeles for being its hell-raising center.

Toxic Chemical Reform Must Help, Not Hinder, States and Victims' Rights

Sidney Shapiro | Posted 12.29.2013 | Green
Sidney Shapiro

In the United States, the framework for safeguarding people and the environment against the dangers of toxic chemicals comprises three mutually reinforcing legal systems.