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Caps on Non-Economic Damages Disproportionately Affect Women, Children, Seniors

December 31st, 2014

Last week’s post ended with a tentative prediction that over the next few years we will see a push at the national level to enact caps on damages in civil cases. To explain it simply, a cap on damages is the equivalent of denying a …

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New Congress Expected to Take Aim at Asbestos Victims

December 24th, 2014

Now that the dust has settled after this year’s midterm elections–in which thirty-three Senate seats and all 435 seats in the House of Representatives were up for grabs–both the House and the Senate will be in the hands of Republicans (for the first time since …

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Generic Drugmaker Makes Potentially Dangerous Product, Sues FDA for Slowing Its Sale

December 17th, 2014

This blog has been covering issues related to generic drugs–warning labels, FDA oversight, and legal immunity–for more than a year, but this industry is nothing if not persistent. One of the largest manufacturers of generic pharmaceuticals in the world–Ranbaxy Laboratories, with net revenue of $2 …

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$15 Million Herbalife Settlement Raises Questions about Dietary Supplement Regulation

December 10th, 2014

In the past few months, this blog has explored ways in which class action lawsuits and FDA regulation affect the lives of everyday Americans. Today we will discuss the corporation Herbalife–which sells “nutrition, weight-management, energy and fitness, and personal care products”–in a story that combines …

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More Evidence Tort Reform Doesn’t Lower Healthcare Costs

December 3rd, 2014

One of the issues this blog has covered tirelessly is tort reform, which (in states that have passed such legislation) has neither created more doctors nor lowered overall healthcare costs. Writing for the New York Times’ healthcare blog The Upshot, medical school professor Aaron E. …

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More Seniors Means More Falls, More Deaths

November 26th, 2014

Americans are living longer due to advances in medicine, but the physical safety of the elderly population is becoming even more precarious. According to a New York Times article published in late October, “The number of people over 65 who died after a fall reached nearly …

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Understanding the Dangers of Trucks in the Wake of the Berks County Tragedy

November 20th, 2014

Over the past few years, this blog has discussed the dangers of trucking from various angles, covering the government’s efforts to keep drivers off their cell phones and reporting about the National Highway Traffic Safety Administration’s findings that tractor-trailers killed nearly 3,800 people in 2011. …

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Campaign Finance Undermines Americans’ Faith in Judicial Branch

November 19th, 2014

Tort reform is hardly a headline-grabbing subject, and it’s not all that often that a high-profile news outlet runs a thorough and insightful piece on the subject. The magazine Mother Joneshas done so, however, in an article targeting interest groups’ financing of judicial elections called …

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Takata Air Bag Recall: Worse Than We Thought

November 12th, 2014

Back in July of this year, we published an article about a recall that happened at the same time as the 20 million-vehicle GM recall, which despite being nearly as dangerous was not as well-chronicled. While GM was trying to deal with cars that powered …

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How Class Action Lawsuits Help All Americans

November 5th, 2014

In the past, this blog has covered the issue of forced arbitration (through contracts of adhesion), a practice that enables corporations and other businesses to avoid lawsuits from consumers in favor of mediation with a company-appointed arbitrator. The consumer has no idea that he/she is …

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Are Punitive Damages in Texas Punitive Enough?

October 29th, 2014

In mid-September of this year, a jury in Texas awarded Martha Salazar $73 million dollars–including $50 million in punitive damages–after she brought a lawsuit against Boston Scientific, the company responsible for manufacturing the Obtryx transvaginal mesh sling. Salazar, who received the pelvic implant to clear …

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Missouri Cap on Punitive Damages Overturned

October 22nd, 2014

Punitive damages–monetary amounts designed to be a deterrent for reckless behavior against defendants–are important to the civil justice system in this country. However, they are also often attacked by critics in the so-called “tort reform” movement for being disproportionately large and arbitrarily assigned. The headlines …

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