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Cirsium

(1,772 posts)
42. "Tort reform"
Wed Feb 19, 2025, 02:30 PM
Wednesday

Republicans have long pushed "tort reform" to protect corporations from consumers seeking damages. Their propaganda campaign has been so successful that I wouod bet there are a bunch of Democrats who think it is a good idea.

Republicans love the justice system when it goes after workers, those in minority populations and poor people. Not so much when it goes after the wealthy and powerful.

In the United States (‘US’), for three decades, advocates on behalf of business and professional interests have been claiming that American tort law is out of control, imposing unjustified costs on defendants amounting to billions and billions of dollars annually. American juries, which decide most torts cases, have been attacked as either wholly unpredictable or else predictably pro-plaintiff in their verdicts, as incapable of fairly resolving complex and often technically difficult issues presented to them, and as all too willing to award enormous sums to victims for ‘pain and suffering’ and ‘punitive damages.’

...

Lawyers representing plaintiffs offer counterarguments to all these assertions. They strongly defend the jury as a vital American institution, viewing jury-based US tort law as a crucial form of consumer protection against the callous exercise of economic might by business interests who put profit ahead of safety. Large jury verdicts are said to properly reflect an easily affordable award of well-deserved compensation to people who have suffered terrible injuries. Victim advocates point out that the imposition of punitive damages is actually rather uncommon, and argue that, even if the instances in which they are awarded are a bit unpredictable, in a world in which not all egregious forms of misconduct can be identified and punished, unpredictability actually helps to keep management on its toes.

...

Defence interests have mounted a multi-pronged effort, seeking both to make tort law generally more favorable to their side and to restrict the ability of juries to make blockbuster awards in individual cases. One strategy has been to try to influence judicially-determined common law developments. Because elected Governors in most States play key roles in appointing judges, especially to the State appellate courts, political pressure has mounted on Republican Governors to appoint judges who are pro-defendant. In the media, well-funded pro-business campaigns have widely publicised complaints about tort law. Although causal connections are difficult to establish, the upshot has been that, starting in the 1990s, many State courts have become less pro-plaintiff in their decisions. Moreover, lawyers for victims argue that pro-business efforts have also influenced jury attitudes, claiming that their clients now often receive lower tort damage awards than they would have won in the past for the same injuries.

A second strategy has been to carry the tort reform campaign to State legislatures, with the result that lawmakers are increasingly intruding in a pro-defence way on what traditionally has been an almost entirely judicially-created common law system. Along side broad-based pro-business groups, other defendant special interests have also pushed their own narrowly tailored agendas for tort relief. Physicians are the most important example, but by no means the only one. The alcohol, tobacco, and gun industries have also pushed narrow tort reform laws, as have municipal governments and privately owned public utilities.

https://www.law.berkeley.edu/files/United_States_Tort_Reform_Wars_A.TORTS.pdf

Recommendations

3 members have recommended this reply (displayed in chronological order):

Well, they couldn't find any fraud so they had to perpetrate some on us Walleye Wednesday #1
This! Joinfortmill Wednesday #7
They have simply cloaked the whole operation EndlessWire Wednesday #8
They just make a general accusation after spending a generation getting people to hate the government Walleye Wednesday #9
Well, not any factual ones, but they have their made-up "examples" that the MAGAts will eat up JHB Wednesday #39
As per usual, Republicans are the fraud they claim to seek. n/t Beartracks Wednesday #26
So they not only Fired them.. they Cruelly tried to make sure Cha Wednesday #57
If they are on probationary status, they may not have any performanve evaluation KPN Wednesday #62
Probationary status does not mean they were new employees Random Boomer Thursday #67
Lawsuit - class action .... Lovie777 Wednesday #2
Well... OldBaldy1701E Wednesday #14
Add unemployment compensation loss modrepub Wednesday #23
Won't work Cirsium Wednesday #24
Just wait until DENVERPOPS Wednesday #37
"Tort reform" Cirsium Wednesday #42
Hey Circium DENVERPOPS Wednesday #58
Thanks Cirsium Wednesday #59
this was taking on a corporation DENVERPOPS Wednesday #60
That's really their only hope. Individual lawsuits are very expensive for ordinary folks ... Hekate Wednesday #27
Yep. The Federal Government has broad discretion to layoff employees. Wiz Imp Wednesday #40
They can (and should) still file for UE. The .gov can chose to challenge the application for UE based on the firing kelly1mm Wednesday #3
The STATES should stop paying taxes to this fascist government. n/t rzemanfl Wednesday #29
The states, except in the limited capacity of employers of state employees do not 'pay' taxes the the feds. Payments kelly1mm Wednesday #34
The fascists pay no attention to the Constitution or the Courts. rzemanfl Wednesday #36
So explain to me how say, California would intercept payments going from it's residents employers to the feds kelly1mm Wednesday #50
We have scofflaws in the Executive Branch or rzemanfl Wednesday #56
I'm finding no evidence of any state denying unemployment benefits to someone who was terminated Wiz Imp Wednesday #4
The fired federal employee on CNN had not filed for unemployment yet, but she thought it would make it more difficult. surfered Wednesday #15
What state is that? I'm not doubting you but I've looked thoroughly online across almost all Wiz Imp Wednesday #18
Texas and I was a witness at the hearing surfered Wednesday #19
Due to the cost of attorney, etc the employee did not appeal surfered Wednesday #20
Interesting. According to their website, you should be eligible for benefits unless you're fired for misconduct. Wiz Imp Wednesday #25
Yes, I already read that. The case I witnessed was 20 years ago. surfered Wednesday #35
I'm absolutely sure Trump & Musk are counting on most workers not to fight back Wiz Imp Wednesday #41
I hope so as we are going to lose a lot of valuable knowledge surfered Wednesday #46
What do you think "failure to perform your work adequately if you are capable of doing so" nilram Wednesday #44
I was sneered at, enigmania Wednesday #55
Ohio is written like that too. Backseat Driver Wednesday #49
I'm willing to bet it will come out in the many, many wrongful termination lawsuits this will spawn meadowlander Wednesday #5
They are using AI Johnny2X2X Wednesday #17
There may be some "disparate impact" cases too. spooky3 Wednesday #48
they won't get severance either 4catsmom Wednesday #6
Severance Pay Eligibility in Federal Government Positions Wiz Imp Wednesday #22
Zuck just did this at Meta newdeal2 Wednesday #10
No. Not the same as what TSF/M are doing. They are purging fed gov like they purged the gop. It's not for wiggs Wednesday #52
Effin evil malaise Wednesday #11
I dont know how it works with Federal government jobs..... 70sEraVet Wednesday #12
Federal Civil Service has a process of mitigation by the employee of the reason for poor performance surfered Wednesday #16
If they were rehired into the same position shortly after being let go... Wiz Imp Wednesday #31
Remember, this is all about the money. mwmisses4289 Wednesday #13
This is absolutely the point of it all JoseBalow Wednesday #33
this isn't about saving money that will then be skimmed...although they will certainly get a taste somewhere. It's wiggs Wednesday #53
Exactly, they are thieves Dem4life1234 Thursday #64
My husband was a California State employee, and a supervisor cksmithy Wednesday #21
This poor performance shit never works. Klarkashton Wednesday #32
I hope so. cksmithy Wednesday #51
The cruelty is on purpose. spanone Wednesday #28
I hope they can sue Musk personally, or whoever claimed the authority to fire them William Seger Wednesday #30
Class action suit lame54 Wednesday #38
Class action Cirsium Wednesday #43
What a f***ing asshole!!! BComplex Wednesday #45
They make my blood boil so much Dem4life1234 Thursday #65
Or if Mitch McConnell hadn't whipped the republicans into voting NOT to remove him from office after TWO impeachments. BComplex Thursday #66
Fascists are not happy unless they're screwing Emile Wednesday #47
The point is fear RhapsodyFav Wednesday #54
Correct me if I'm wrong, but... DET Wednesday #61
This is what happens when people elect a criminal as a leader Dem4life1234 Thursday #63
A Claim of "poor performance" is a positive claim.... Happy Hoosier Thursday #68
Post removed Post removed 9 hrs ago #69
And this has what to do with the OP? GP6971 9 hrs ago #70
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