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tort reform

  • Texas Bill, Which Would Effectively Immunize Insurance Companies for Wrongdoing, Doesn’t PassAugust 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 …

  • More Evidence Tort Reform Doesn’t Lower Healthcare CostsDecember 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. …

  • Campaign Finance Undermines Americans’ Faith in Judicial BranchNovember 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 …

  • Wisconsin Tort Reform Slowly Creeps BackJuly 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 …

  • The Real Villains of Tort Reform Debates: Insurance CompaniesMay 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, …

  • California Voters Push to Remove Cap on Non-Economic DamagesApril 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 …

  • GM Recall, Now Linked with Safety Cover-Up, GrowsApril 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 …

  • Florida Supreme Court Removes Non-Economic Damages CapApril 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 …

  • Parallel Claims Alter Medical Products Liability ClaimsApril 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 …

  • Tort Reform Does Not Create More DoctorsMarch 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 …

  • Tort Reformers Collect Huge Sums While Claiming to Oppose LawsuitsFebruary 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 …

  • Forbes’ Comprehensive, Fact-Based Critique of Tort ReformNovember 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 …

  • Texas Tort Reform Claims Another VictimNovember 6th, 2013

    Texas resident Connie Spears had a terrible 2010, but her 2013 has not been much better. Three years ago, she went to a local hospital’s emergency room complaining of pain in both legs. When speaking with hospital staff, she informed them of her history of …

  • After Tort Reform: Texas Doctors Operate without OversightOctober 2nd, 2013

    Largely in line with the mission of this firm, pro-civil justice blog The Pop Tort recently featured an article about regulation in the health care industry, writing that “deregulation and lax regulatory enforcement [seem] to have become a national goal.” It goes on to claim …

  • Wisconsin “Tort Reform” Law Bars Some Health Care Inspection Reports from the CourtMarch 20th, 2013

    This past February, the Wisconsin Center for Investigative Journalism (WCIJ) published a two-document series called “A Frail System” about a measure billed as tort reform which has seriously affected people in nursing homes in that state. This legislation touches on two of the most prominent …

  • Number of Asbestos and Pharmaceutical Lawsuits in Philadelphia DropsMarch 6th, 2013

    In June of 2012, The Philadelphia Inquirer reported that Philadelphia court officials predicted a drop in asbestos and pharmaceutical claims from 2,690 in 2011 to 1,068 in 2012. The numbers have now come in, and the actual drop was more than they anticipated: last year, …

  • American Tort Reform Association Releases Annual “Judicial Hellholes” ReportDecember 20th, 2012

    Earlier this month, the American Tort Reform Association (ATRA) released its annual report of the top “Judicial Hellholes” in the country, those areas in which “frivolous lawsuits” apparently run rampant. According to the media watchdog group Media Matters for America, these are jurisdictions which “corporate …

  • Oklahoma Factory Closing Sparks Tort Reform DebateNovember 7th, 2012

    On October 4, The New York Times published an article in which the author, Clifford Krauss,discusses the closing of a gas can factory operated by Blitz USA, formerly the largest manufacturer of its kind in the United States. Blitz sold 14 million units a year …

  • Tort Reform State-by-State: TexasJuly 18th, 2012

    In today’s post, we again address the issue of tort reform. In previous months, we have published pieces on the pro victims’ rights documentary Hot Coffee, how tort reform has affected the healthcare system of Ohio and “loser pays” rules in Texas. As part of …

  • Defective Dryer Causes Deadly FireHas Medical Malpractice Tort Reform Enacted any Positive Change in the United States?March 28th, 2012

    The question is whether or not medical malpractice tort reform has enacted any positive change in the United States. The answer you get depends almost completely upon whom you ask. Advocates for tort reform legislation argue that doctors who fear lawsuits for medical negligence practice “defensive …

  • Texas Tort Reform: Loser Pays Legislation Adds Insult to InjuryDecember 7th, 2011

    As an addition to the tort reform legislation passed in Texas in 2003, the state’s government is now in the process of implementing a “loser pays” law, which is one of the most contentious recent developments to fall under the umbrella of tort reform. In …