Tort "Reform" Archives - Page 2 of 2

Ralph Nader’s Tort Law Museum Opens in Connecticut

Jeremy Lesh - September 28, 2015

Nader is hoping that the museum will help to serve future generations in understanding the power of the consumer, the threats of the protections being removed as part of the conservative tort-reform agenda, which is an attempt to put caps on personal injury lawsuit awards. Nader said, “Tort law is being run into the ground, maligned, caricatured and slandered because it’s effective,” calling tort reform, “the cruelest movement I’ve ever encountered.”

Indiana’s Supreme Court Hears Arguments over 2011 State Fair Stage Collapse

Staff - September 24, 2015

The case may or may not end at the state’s Supreme Court, depending on whether or not the appeal is considered. If the Court declines the appeal, the case will head back to a jury trial in Marion County, however MacGill acknowledged that even a favorable ruling will still make for difficulties, saying that “we have a lot of work to do, and we have to prove a case.” If the Court accepts the case, and depending on the ruling, the state could be held liable for an undisclosed amount of damages.

Fairness in Class Action Litigation Act: Another Attempt at “Tort-Reform”

Staff - June 30, 2015

6/30/2015 It seems every few years or so, the specter of tort reform appears in the halls of Congress to test the political winds. Last week, while the winds of freedom emanated from the Supreme Court steps and the air from dozens of collective exhales from the White House over the ACA, the ghost of

Candidates Supporting Tort Reform Prevail in 2014 Midterm Elections

Jared Fink - November 5, 2014

Yesterday, I wrote about four midterm races in which tort reform played a role. Unfortunately, in each case, the candidate supporting tort reform won the election. Incumbent US Senator and minority leader, Mitch McConnell (R-KY), defeated challenger Alison Grimes with 56% of the vote. The Republican party now controlling the Senate, Mr. McConnell is set

Tort Reform and the 2014 Midterm Elections

Jared Fink - November 4, 2014

In the 2014 midterm elections, campaign issues have ranged from immigration to healthcare, and from the military to education. Though it remained largely on the sidelines, tort reform remained a central issue for some candidates. Here, we will outline the role that tort reform has played in a few races this election cycle. First, the

Center for American Progress Highlights Pitfalls of Tort Reform

Jared Fink - November 3, 2014

A few weeks ago, the Center for American Progress published a short video detailing the deleterious effects tort reform has on public safety in Texas. Here’s what they had to say about their video: “A new video from Legal Progress, the legal policy program at the Center for American Progress, documents the damaging effects of

More Bogus Arguments by Proponents of Tort Reform

Jared Fink - October 31, 2014

After several states passed tort reform legislation in 2004, the Economic Policy Institute published a report titled “The frivolous case for tort law change: Opponents of the legal system exaggerate its costs, ignore its benefits,” that revealed a number of important flaws in the argument for the necessity for and benefit from tort reform. Many

Three Myths About Tort Reform

Jared Fink - October 30, 2014

Tort reform has sullied the political landscape of this country for years. A set of proposed laws and regulations at both the state and federal level, one central aim of tort reform is to limit the compensation an injured party can recover in a personal injury lawsuit, or “tort,” attempting to “save” health care from

Binding arbitration clauses in insurance contracts are not enforceable in washington

Justinian Lane - February 17, 2013

Good news for opponents of mandatory arbitration clauses. In an en banc decision issued on January 17, 2013, the Washington Supreme Court held that binding arbitration clauses in insurance contracts are unenforceable under a state statute, RCW 48.18.200(1)(b). The Court further held that the McCarran-Ferguson Act, 15 U.S.C. § 1012, shields the relevant state statute

tort reform bill dies in Indiana

Justinian Lane - January 31, 2013

Good riddance: Indiana won’t be passing a bill requiring losers to pay all costs and attorney fees in civil lawsuits. . . . . The problem with the bill is simple, Steele said: “It doesn’t work.” Steele, R-Bedford, said he had filed “exactly the same bill” in 1995 and got an earful from just about

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