tort reform

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Texas Bill, Which Would Effectively Immunize Insurance Companies for Wrongdoing, Doesn’t Pass

August 19th, 2015

Texas–a state that already has on the books some of the toughest and most draconian tort reform measures in the country–was until recently in the process of passing a bill that would have (according to the Texas Tribune) made “it harder for homeowners and companies …

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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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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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Wisconsin Tort Reform Slowly Creeps Back

July 16th, 2014

In a landmark decision in 2005, the Supreme Court of Wisconsin struck down the state’s strict cap on non-economic damages, which limited plaintiffs’ recovery to $350,000. Finding this law to be unconstitutional on the grounds that it violated the equal protection clause, the Court’s decision explains …

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The Real Villains of Tort Reform Debates: Insurance Companies

May 21st, 2014

This month, pro-civil justice blog ThePopTort.com ran a story on an article published by the nonpartisan policy group the Center for Public Integrity called “Keeping an Eye on Insurance Companies that Refuse to Pay Claims.” Author Wendell Potter, a former VP at insurance giant Cigna, …

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California Voters Push to Remove Cap on Non-Economic Damages

April 23rd, 2014

A few weeks ago, this blog published an article about the overturning of a non-economic damages cap by the Florida Supreme Court, one that prevented families of people who died through no fault of their own from collecting any more than half a million dollars …

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GM Recall, Now Linked with Safety Cover-Up, Grows

April 16th, 2014

In the month or so that has elapsed since we reported on General Motors’ massive recall, the automakers’ problems have not improved. Our article’s headline claims that 1.6 million vehicles have been affected, but apparently that estimate was on the low end and on April …

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Florida Supreme Court Removes Non-Economic Damages Cap

April 9th, 2014

Last month, Florida’s Supreme Court attacked the state senate for creating what one justice called an “alleged medical malpractice crisis.” The court was referring to the legislative “tort reform” package first formulated in 2013 which placed caps on non-economic damages i.e. compensation for pain and …

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Parallel Claims Alter Medical Products Liability Claims

April 2nd, 2014

The last week in February, Michael Walsh published an article in the New Jersey Law Journal claiming that courts are “relegating failure-to-warn claims, the decades-old staple of medical products liability, to the trash bin of tort jurisprudence” in favor of parallel claims. Walsh points to three …

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Tort Reform Does Not Create More Doctors

March 5th, 2014

In early February of this year, the Des Moines Register editorial staff ran an article attempting to confirm what this blog has been arguing since its inception: efforts toward so-called tort reform have accomplished very little when it comes to increasing the number of doctors …

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Tort Reformers Collect Huge Sums While Claiming to Oppose Lawsuits

February 19th, 2014

This blog has covered the United States Chamber of Commerce before, calling it in 2011 a“misleadingly named collection of businesses considered the largest pro-corporation lobbying group in the U.S.” We also pointed out that among its Board of Directors are executives from some of the …

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Forbes’ Comprehensive, Fact-Based Critique of Tort Reform

November 13th, 2013

“Tort Reform” was back in the news last month thanks to an article in Forbes by Steve Cohen provocatively titled “Can Obamacare Improve Patient Safety? Tort Reform Hasn’t?” In it, Cohen argues what this blog has been asserting for years, that tort reform has not …

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