TortdeformTortDeform.com, the Civil Justice Defense Blog, confronts and transcends the arguments put forth by the tort "reform" movement, working to ensure that all Americans can access the courts.Preemption case- August 14, 2008 This WSJ article covers the upcoming Supreme Court preemption case Wyeth v. Levine, and its safety and fairness implications. The preemption issue is absolutely essential to the corporate lobby's tort "reform" agenda of securing protection against the legal consequences of making and selling dangerous products to unsuspecting people. That's why big business groups are spending the big bucks to strengthen their implied preemption shield. According to the article: The chamber of Commerce, which..http://www.tortdeform.com/archives/2008/08/preemption_case_1.html Inter Alia on the Internet- August 14, 2008 Still catching up on the world, so pardon me if any of this is stale. The Pop Tort asks when Illinois will get honest reporting about the medical malpractice insurance crisis.&160; The Pop Tort also writes about another tort reform hypocrite the guy from the Bush Administration suing over Swing Vote.&160; Theres a lot of coverage on a NYTimes article about hired expert witnesses in America.&160; Many in the reform community suggest that hired experts are biased and likely to give false.http://www.tortdeform.com/archives/2008/08/inter_alia_on_the_internet_2.html "Tort Reform Panic on the Right"- August 12, 2008 Here's an excellent blogpost, entitled "Tort reform panic on the right" that demonstrates, once again, that the fight for civil justice is by no means a partisan issue. Mark Wahlstrom of Legal Broadcast Network criticizes the tort "reform" agenda and laments the general buy-in of the Republican party, pointing out that many people have been duped into voting against their interest in a strong civil justice system. Here's a highlight from his post, which responds to another author's article...http://www.tortdeform.com/archives/2008/08/tort_reform_panice_on_the_righ.html What's behind the wonk at DrugWonks- August 12, 2008 I'm a little late here but thought I'd share a link to journalist Evelyn Pringle's in-depth articles about what some have called an astroturf tort "reform" group for the big drug companies, the Center for Medicine in the Public Interest. Detailing the people and political agenda behind CMPI and its blog DrugWonks, Pringle writes about its work promoting tort "reforms" like federal preemption (here's some TortDeform background on preemption) and attacking anyone who has anything to say to the...http://www.tortdeform.com/archives/2008/08/exposing_whats_behind_the_wonk.html Settling Certainly Has its Benefits for These Guys...- August 12, 2008 The Justice Department says a nondisparagement clause in a bankruptcy settlement agreement for Countrywide would hinder the Department's ability to investigate the company in the future. From the New York Times: The Justice Department has challenged an agreement that the Countrywide Financial Corporation reached in a bankruptcy court in Pittsburgh, saying it would make it harder to investigate and sue the mortgage lending giant. Last month, Countrywide agreed to pay $325,000 to the Chapter...http://www.tortdeform.com/archives/2008/08/settling_certainly_has_its_ben.html Study on Settling vs. Going to Trial- August 11, 2008 This New York Times article raises some interesting questions about a litigant's decision to settle or go to trial. The article summarizes findings from a new study on civil lawsuits, showing that most people who refuse a settlement offer end up recovering less at trial. From the article: Defendants made the wrong decision by proceeding to trial far less often, in 24 percent of cases, according to the study; plaintiffs were wrong in 61 percent of cases. In just 15 percent of cases, both sides..http://www.tortdeform.com/archives/2008/08/study_on_settling_vs_going_to.html Inter Alia on the Internet – TGIF Edition- August 8, 2008 But not the TGI Fridays edition as they havent offered any lucrative sponsorship deals.&160; And the last time I went there, my chicken may have been an old shoe. Perhaps the reform movement should relocate to Russia, since the judges in Russia already share their views on sexual harassment cases: "If we had no sexual harassment we would have no children," the judge ruled. Fun fact: Only three women have ever won a sexual harassment lawsuit against a male employer in...http://www.tortdeform.com/archives/2008/08/inter_alia_on_the_internet_tgi.html Bad Tort "Reform" Arguments are Unconstitutional- August 8, 2008 Well, maybe not. But when accepted and advanced via mainstream media, they can be a dangerous tool to manipulate public opinion and convince us to support policies that actually work against our own best interests. For example, this op ed in the WSJ attempts to challenge the constitutionality of the legal tool that civil rights activists used to dismantle Jim Crow in public schools (via Brown v. Board of Education)--the class action lawsuit. While reading the actual WSJ piece made me want to..http://www.tortdeform.com/archives/2008/08/bad_tort_reform_arguments_are.html Why aren't Walter Olson and Ted Frank Properly Linking to the TortDeform Posts They Discuss- August 7, 2008 I would again like to thank Professor Childs for the work he did to investigate who is running WhoCanISue.com.&160; His work didnt go unnoticed by Walter at Overlawyered, who posted about it: An earlier entry in the legal-matchmaking field, SueEasy.com, has come in for a fair bit of criticism in and out of the profession (hairball generator, incredibly stupid idea, like a carpool for ambulance chasers, etc.). Reactions: Bill Childs does some legwork on the sites sponsorship, throwing...http://www.tortdeform.com/archives/2008/08/why_arent_walter_olson_and_ted.html Inter Alia on the Internet – Why Isn’t It Friday Edition- August 7, 2008 As much as Ive enjoyed my summer, Im actually looking forward to going back to law school.&160; Scary. Preemption doesnt carry the day in Judge Woodcocks court. Heres a good definition of redundant.&160; Seems that a supermarket was illegally selling meat that wasnt inspected by the USDA, and the government investigated.&160; The supermarket entered into a consent degree that prohibits them from selling meat that hasnt been inspected. At least one...http://www.tortdeform.com/archives/2008/08/inter_alia_on_the_internet_why.html |