The main problem in America's tort system is not class actions, but rather punitive damages and the rest of it.
It is becoming clear that rather than acting to prevent abusive claims, the asbestos trusts are effectively encouraging fraud by inhibiting claims information sharing between the trusts and the tort system.
Based on his conversations with CEOs and other business leaders, Mr. Fisher says one of Texas's huge competitive advantages is its ongoing reform of the tort system, which has driven litigation costs to record lows.
The tort system also encourages illogical outcomes, like this: By selecting clients with no apparent risk factors who suffered heart attacks, lawyers can win big verdicts by arguing that Vioxx must have been to blame.
This type of dispute gets to the heart of the tort system: Should a jury be able to order a manufacturer to pay money to a sick plaintiff even though scientific experts dispute whether the manufacturer bears any blame?
FORBES: Daubert Rescues Lincoln Electric From $21 Million Verdict
I'd like to see a full menu of choices, without state and federal regulators or the tort system dictating what people must have, so people can make choices that give them more take-home pay but still give them good protection.
Together Bush and his coalition would pass the biggest tax cut in the state's history, reform its tort-liability system and boost reading scores enough to give him bragging rights on a national scale.
This would not, in other words, be the stuff of toxic tort litigation in any legal system but the American one.
Common sense and the principles of tort law in the American civil justice system are not always synonymous.
FORBES: Effort Fails To Strip Actual Injury Requirement From 'Failure To Warn' Drug Liability
The reasonable investor, like the reasonable person in other tort suits, is an invention of the U.S. court system who generally possesses the extra-sensory power to detect, in advance, every bad outcome that might come from a certain course of action.
应用推荐