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Cirsium

(4,117 posts)
42. "Tort reform"
Wed Feb 19, 2025, 03:30 PM
Feb 2025

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 Feb 2025 #1
This! Joinfortmill Feb 2025 #7
They have simply cloaked the whole operation EndlessWire Feb 2025 #8
They just make a general accusation after spending a generation getting people to hate the government Walleye Feb 2025 #9
Well, not any factual ones, but they have their made-up "examples" that the MAGAts will eat up JHB Feb 2025 #39
As per usual, Republicans are the fraud they claim to seek. n/t Beartracks Feb 2025 #26
So they not only Fired them.. they Cruelly tried to make sure Cha Feb 2025 #57
If they are on probationary status, they may not have any performanve evaluation KPN Feb 2025 #62
Probationary status does not mean they were new employees Random Boomer Feb 2025 #67
Lawsuit - class action .... Lovie777 Feb 2025 #2
Well... OldBaldy1701E Feb 2025 #14
Add unemployment compensation loss modrepub Feb 2025 #23
Won't work Cirsium Feb 2025 #24
Just wait until DENVERPOPS Feb 2025 #37
"Tort reform" Cirsium Feb 2025 #42
Hey Circium DENVERPOPS Feb 2025 #58
Thanks Cirsium Feb 2025 #59
this was taking on a corporation DENVERPOPS Feb 2025 #60
That's really their only hope. Individual lawsuits are very expensive for ordinary folks ... Hekate Feb 2025 #27
Yep. The Federal Government has broad discretion to layoff employees. Wiz Imp Feb 2025 #40
They can (and should) still file for UE. The .gov can chose to challenge the application for UE based on the firing kelly1mm Feb 2025 #3
The STATES should stop paying taxes to this fascist government. n/t rzemanfl Feb 2025 #29
The states, except in the limited capacity of employers of state employees do not 'pay' taxes the the feds. Payments kelly1mm Feb 2025 #34
The fascists pay no attention to the Constitution or the Courts. rzemanfl Feb 2025 #36
So explain to me how say, California would intercept payments going from it's residents employers to the feds kelly1mm Feb 2025 #50
We have scofflaws in the Executive Branch or rzemanfl Feb 2025 #56
I'm finding no evidence of any state denying unemployment benefits to someone who was terminated Wiz Imp Feb 2025 #4
The fired federal employee on CNN had not filed for unemployment yet, but she thought it would make it more difficult. surfered Feb 2025 #15
What state is that? I'm not doubting you but I've looked thoroughly online across almost all Wiz Imp Feb 2025 #18
Texas and I was a witness at the hearing surfered Feb 2025 #19
Due to the cost of attorney, etc the employee did not appeal surfered Feb 2025 #20
Interesting. According to their website, you should be eligible for benefits unless you're fired for misconduct. Wiz Imp Feb 2025 #25
Yes, I already read that. The case I witnessed was 20 years ago. surfered Feb 2025 #35
I'm absolutely sure Trump & Musk are counting on most workers not to fight back Wiz Imp Feb 2025 #41
I hope so as we are going to lose a lot of valuable knowledge surfered Feb 2025 #46
What do you think "failure to perform your work adequately if you are capable of doing so" nilram Feb 2025 #44
I was sneered at, enigmania Feb 2025 #55
Ohio is written like that too. Backseat Driver Feb 2025 #49
I'm willing to bet it will come out in the many, many wrongful termination lawsuits this will spawn meadowlander Feb 2025 #5
They are using AI Johnny2X2X Feb 2025 #17
There may be some "disparate impact" cases too. spooky3 Feb 2025 #48
they won't get severance either 4catsmom Feb 2025 #6
Severance Pay Eligibility in Federal Government Positions Wiz Imp Feb 2025 #22
Zuck just did this at Meta newdeal2 Feb 2025 #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 Feb 2025 #52
Effin evil malaise Feb 2025 #11
I dont know how it works with Federal government jobs..... 70sEraVet Feb 2025 #12
Federal Civil Service has a process of mitigation by the employee of the reason for poor performance surfered Feb 2025 #16
If they were rehired into the same position shortly after being let go... Wiz Imp Feb 2025 #31
Remember, this is all about the money. mwmisses4289 Feb 2025 #13
This is absolutely the point of it all JoseBalow Feb 2025 #33
this isn't about saving money that will then be skimmed...although they will certainly get a taste somewhere. It's wiggs Feb 2025 #53
Exactly, they are thieves Dem4life1234 Feb 2025 #64
My husband was a California State employee, and a supervisor cksmithy Feb 2025 #21
This poor performance shit never works. Klarkashton Feb 2025 #32
I hope so. cksmithy Feb 2025 #51
The cruelty is on purpose. spanone Feb 2025 #28
I hope they can sue Musk personally, or whoever claimed the authority to fire them William Seger Feb 2025 #30
Class action suit lame54 Feb 2025 #38
Class action Cirsium Feb 2025 #43
What a f***ing asshole!!! BComplex Feb 2025 #45
They make my blood boil so much Dem4life1234 Feb 2025 #65
Or if Mitch McConnell hadn't whipped the republicans into voting NOT to remove him from office after TWO impeachments. BComplex Feb 2025 #66
Fascists are not happy unless they're screwing Emile Feb 2025 #47
The point is fear RhapsodyFav Feb 2025 #54
Correct me if I'm wrong, but... DET Feb 2025 #61
This is what happens when people elect a criminal as a leader Dem4life1234 Feb 2025 #63
A Claim of "poor performance" is a positive claim.... Happy Hoosier Feb 2025 #68
Post removed Post removed Feb 2025 #69
And this has what to do with the OP? GP6971 Feb 2025 #70
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