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Legal Immunities Mock the Law
So there’s this gimmick, see? A special interest group of one sort or another goes before a legislature somewhere – a State Capital, or Washington D.C., and says, “We’re so important, but at the same time so helpless, that you must preserve and protect us, by making us immune from lawsuits.” It’s a clever gimmick,…
Read MoreFor Shame
Tort law, as noted historian Eric Foner put it, is the “weapon of the weak.” It lets the wrongfully injured hold wrongdoers accountable. It is a centuries–old mechanism whereby juries – regular people like you and me – decide how much money will fairly compensate someone who has been devastated by the wrongful, harmful act…
Read MoreOn Frivolous Lawsuits
We’ve all heard about them – frivolous lawsuits – that are allegedly plaguing the courts, bedeviling the civil justice system, making jurors skeptical. First, let’s be clear: The fact that a lawsuit is lost does NOT mean that the case was frivolous. Lawsuits are adversarial, meaning that when a case goes to trial, one side…
Read MoreDo You Think That This Stuff Just Happens?
You think that bad stuff just happens? In 2016, 42,000 Americans died because of opioids. 40 percent of those deaths were due to prescription opioids. That is a lot. A lot of dead Americans. But that’s just one year. “Over the past two decades, more than 200,000 people have died in the United States from…
Read MoreWhen Madness Walked the Earth
In 2012, the unspeakable happened. A madman, armed with rifle designed for war, slaughtered little children in a school in Sandy Hook, Connecticut. Butchered them. Left their small lifeless bodies bleeding. An act of horror. The horror deepened when conspiracy theorists began claiming that the parents of the dead children were “actors in an elaborate…
Read MoreAnother Step
The gigantic March for our Lives event on March 24, 2018 was, perhaps, a watershed moment in American efforts to get some measure of control over gun violence and the all-too-frequent mass slaughter of civilians. Those efforts have been mischaracterized as an effort to repeal the Second Amendment, but that is too simplistic a view.…
Read MoreDo You Want To Know Why Tort Law Is Important? I’ll Tell You
The Georgia Supreme court just upheld a $40 million dollar verdict against Chrysler in a case where a little boy burned to death in a Jeep Grand Cherokee. The problem was a plastic fuel tank, at the rear of the jeep, which ignited, so that the child died. That, in and of itself, is tragic. …
Read MoreHow would you like to reduce gun violence in the USA?
Everyone knows that there has been terrible carnage in America, caused by heavily armed shooters massacring unarmed citizens, including, tragically, school children. America leads the world in gun violence (among nations not engaged in civil war), and the number of deaths is terrifying, and terribly, heartbreakingly sad. We have the Second Amendment to the Constitution,…
Read MoreBanning Football to Tackle Children’s safety
It is well-established that football causes C.T.E. a devastating injury responsible for dementia, and even death. See last week’s note, “Football Settlement Excludes Players”. The NFL has even created a billion-dollar fund to pay the claims of players who suffer from CTE as a result of playing football. And yet, the pipeline is full: Hundreds…
Read MoreThe Medical Device Nightmare
Medical devices – artificial hips, etc. – are poorly regulated, and patients who receive them can suffer devastating consequences. A recent New York Times article sheds some light on this shocking industry: Lenzer, J. “Can Your Hip Replacement Kill You?” New York Times, January 13, 2018. The article includes a horrifying anecdote about a physician…
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