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Removing the Veil of Secrecy
On December 19th, 2017, the New York Times reported that Microsoft has “eliminated forced arbitration agreements with employees who make sexual harassment claims and was also supporting a proposed federal law that would widely ban such agreements.” (Wingfield, N. and Silver-Greenberg, J., “Microsoft Moves to End Secrecy in Sexual Harassment Claims,” NY Times, December 19,…
Read MoreWhat victims of sexual assault can learn from car dealers.
Recently, Kevin Webb, a former dealership service manager wrote a fascinating letter to to Automotive News. It is so startling that it is worth quoting the first four paragraphs, in full: With the recent downfall of many media people, including Charlie Rose, maybe the entertainment industry could use a lesson from car dealers. In my…
Read MoreEquif*cked
Why All Americans Need the Tort System, And Accountability for Wrongdoing. The news that up to 143 million Americans’ private data and personal information has been hacked is shocking. What is worse are the details. And what is still worse, are corporate efforts to avoid being held accountable for the damage that this catastrophic breach…
Read MoreDefending the Rights of Consumers
The New York Times published an important and excellent Op-Ed on Tuesday, August 22, written by Richard Cordray, the director of the Consumer Financial Protection Bureau. The article, “Let Consumers Sue Companies” highlights an important issue for protection of consumer rights – that is, of your rights. Cordray lays out the issue succinctly: Companies have…
Read MoreWhen Your Doctor Breaks You
When people who have had profoundly serious wrongs inflicted on them sue, they are suing for money. But the fact is that they don’t want money. What they want, more than anything in the world, is a time machine. They want to be put back to one minute before their spouse was killed by the…
Read MoreTort Law, the Wall Street Journal, and the Urgent need for Public Education.
When even the Wall Street Journal says that “We Won’t See You in Court: The Era of Tort Lawsuits Is Waning,” you know that you’ve got a problem. In a recent front Page article the Wall Street Journal noted two completely incongruous facts: The number of lawsuits is dwindling, from 10 lawsuits per 1,000 people…
Read MoreBlack Lives matter! Blue lives matter! All lives matter!
In the past few years there has been much attention paid to controversial cases where police have used (or misused) force to subdue people, and the people have died, or been severely injured as a result. Are these cases of excessive force? Are the police themselves criminals? Should the police be liable for committing tortious…
Read MoreA history of dangerous devices
The American Association for Justice (AAJ) has just released a new report detailing how women have been disproportionately harmed by dangerous and unsafe drugs and medical devices: “FROM ACCUTANE TO ZONITE: A HISTORY OF DANGEROUS DRUGS & DEVICES MARKETED TO WOMEN,” It is a long, fascinating, and shocking story. Did you know, for example, that…
Read MoreCongressional Meddling in Civil Justice is Misguided and Dangerous
Nora Freeman Engstrom is a Professor of Law and the Associate Dean for Curriculum at Stanford Law School, where she writes and teaches about civil procedure, tort law, and legal ethics. This article initially appeared in the Stanford Law School Legal Aggregate. All eyes are on health care. We’re watching Congress take a hammer to the…
Read MoreA Land without Law
We take the law for granted. Everyone knows that if someone hurts you wrongfully, that you can take them court, right?
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