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Tort Reform

Why I Am Leaving... the Practice of Being a Plaintiff's Class Action Lawyer*

Lawrence W. Schonbrun | Posted 07.24.2012 | Money
Lawrence W. Schonbrun

I can no longer look judges in the eye and tell them I am entitled to millions in fees for so-called class member "benefits" which I believe actually harms the interests of class members, consumers, and society in general.

Health Policy Dogs That Won't Hunt -- Even in Texas and Georgia

Wendell Potter | Posted 05.07.2012 | Politics
Wendell Potter

Yes, HSAs can be just what the doctor ordered for the young, healthy and highly compensated among us, but many others who enroll in these plans find out when they get sick that coverage is far from adequate.

Americare: The Prescription for America if Obamacare Is Struck Down or Repealed

Howard Barbanel | Posted 06.02.2012 | Politics
Howard Barbanel

The White House says the bill is important to cover millions of Americans who currently are uninsured. However, the bill would not extend an insurance umbrella over every uninsured American at all.

Patients Beware

Rep. Bruce Braley | Posted 05.22.2012 | Politics
Rep. Bruce Braley

The Seventh Amendment preserves our right to jury trials. The Tenth Amendment allows the states to run their own court systems. Under H.R. 5, these rights are turned on their heads.

Rick Santorum's Wife Sued Doctor For $500,000 In 1999

The Huffington Post | Anna Staver | Posted 02.15.2012 | Politics

Republican presidential candidate Rick Santorum has advocated capping medical malpractice awards at $250,000, but in 1999, his wife sued her doctor ov...

Rick Santorum's (and the GOP's) Damage Cap Problem

Patrick Malone | Posted 04.02.2012 | Politics
Patrick Malone

All the Republican presidential candidates -- this year and stretching back for many campaigns -- propose damage caps and other rollbacks to the public's right to sue when injured by medical mistakes.

"Occupy" Your Local Courthouse?

Lawrence W. Schonbrun | Posted 03.26.2012 | Business
Lawrence W. Schonbrun

The Wall Street Malaise has Seeped Into Our Halls of Justice In the past we have commented about the dysfunctional class action system and how class ...

After Recent Revelations, Hospitals Must Finally Become Safety-First Environments

Pearl Korn | Posted 03.24.2012 | Politics
Pearl Korn

For decades, and through one administration after another, the lack of safety in our healthcare system has gone un-addressed, placing us at greater and greater risk.

Supremes Will Uphold Obamacare to Keep Insurance Market from Collapsing

Wendell Potter | Posted 01.17.2012 | Politics
Wendell Potter

Moderate conservative Anthony Kennedy will, I'm confident, recognize that without the law, the free-market system of health insurance, so highly valued by conservatives, will implode, sooner rather than later.

Perry Campaign Rhetoric On Touted Reforms Contradicts Evidence

AP | PAUL J. WEBER | Posted 01.07.2012 | Politics

PRESIDIO, Texas — Presidio County is bigger than Delaware and has just one practicing physician who doesn't deliver babies or treat emergencies....

Christina Wilkie

Koch, Big Pharma 'Educate' Congress With Free Vacations | Christina Wilkie | Posted 11.20.2011 | Politics

ARLINGTON, Va. -- A recently-formed judicial "academy" funded by industry groups and conservative billionaire brothers Charles and David Koch is offer...

Rick Perry's Snake Oil Cure for Our Sick Health Care System

Wendell Potter | Posted 11.01.2011 | Politics
Wendell Potter

In his quest to win the Republican presidential nomination, Texas Gov. Rick Perry is perpetuating a convincing hoax: that implementing Texas-style tort reform would go a long way toward curing what ails the U.S. health care system.

Paul Blumenthal

Meet Rick Perry's Religious Right Patron | Paul Blumenthal | Posted 10.27.2011 | Politics

WASHINGTON -- Texas Gov. Rick Perry is expected to rally Christian conservative leaders in Texas this weekend to discuss strategies for his bid for th...

40 Years Ago This Week: The Blueprint for Corporate Rule

Charlie Cray | Posted 10.25.2011 | Business
Charlie Cray

Forty years ago this week, Justice Lewis F. Powell, Jr., an attorney from Richmond, Virginia, drafted a confidential memorandum for the U.S. Chamber of Commerce that described a strategy for the corporate takeover of the dominant public institutions of American society.

Apology Statutes Preserve Relationships

Brad Reid | Posted 10.17.2011 | Business
Brad Reid

A lack of an apology in tort claims causes some persons to sue to vindicate their sense of injustice and to ease their emotional pain. An apology may facilitate healing pain and preserve relationships.

Deeper Lessons of the Debt Crisis

Arthur Rosenfeld | Posted 09.27.2011 | Politics
Arthur Rosenfeld

The ludicrous circus called the debt crisis reveals very interesting things not only about our political tendencies, our economic system, and the way ...

Watch Hot Coffee, a Powerful New Film on HBO June 27

Joanne Doroshow | Posted 08.26.2011 | Entertainment
Joanne Doroshow

The name comes from the infamous "McDonald's Coffee Case," which most people believe involved a greedy coffee drinker who spilled hot coffee on herself and won millions for no reason. When you see this film, you'll learn what really happened.

Supreme Court Ruling Is Not Bad News For Consumers, the Class Action System Is the Real Culprit

Lawrence W. Schonbrun | Posted 07.19.2011 | Politics
Lawrence W. Schonbrun

Our local newspaper, the San Francisco Chronicle, published an editorial headlined, "Supreme Court Ruling Is Bad News For Consumers," which reflects t...

Bill Falls Short on Protecting Patients

Gibson Vance | Posted 07.11.2011 | Politics
Gibson Vance

Congress must put more important priorities, like patient safety, first. H.R. 5 certainly is no answer to addressing the real problems in America's health care system.

Lone-Star State 'Reform' a Texas-Sized Distortion

Wendell Potter | Posted 06.04.2011 | Home
Wendell Potter

When Republicans talk about how health care should be reformed, they typically mention malpractice reform, citing Texas as a role model. But a closer look at Texas raises doubts its claimed benefits.

Wikipedia Wars

Lawrence W. Schonbrun | Posted 05.30.2011 | Politics
Lawrence W. Schonbrun

Recently, I noticed that someone (a plaintiff's class action lawyer perhaps?) wrote a Wikipedia page about so-called "professional objectors" in class...

Class Warfare III -- Losing Your Right to Fight Back

Larry Beinhart | Posted 05.25.2011 | Business
Larry Beinhart

Litigation seems to be a particularly American disease. Why? We don't believe in collective responsibility and collective solutions.

The Class Action Mess in a Nutshell

Lawrence W. Schonbrun | Posted 05.25.2011 | Politics
Lawrence W. Schonbrun

Warren Buffett presciently observed that financial derivatives were economic "weapons of mass destruction." Judge for yourself whether class action litigation has achieved "weapon of mass destruction" status.

Our Unsafe Healthcare System Is The Issue, Not Caps on Tort Settlements

Pearl Korn | Posted 05.25.2011 | Politics
Pearl Korn

A little-noticed proposal in the President's budget managed to squeak by without a ripple in the media, or comment from savvy political pundits and progressive activists.

A Medical Liability Reform That Will Actually Work

Joanne Doroshow | Posted 05.25.2011 | Politics
Joanne Doroshow

H.R. 5 imposes cruel measures on the backs of the innocent and injured. How could so many doctors be sued, when almost no one sues and those who do are not suing frivolously?