According to the Wall Street Journal Law Blog, the Chamber of Commerce is going to start running short films before feature films in movie theaters in the Washington, D.C,area. The films "tell a story of supposed “Lawsuit Abuse” — cases in which people were allegedly dragged into the legal system…
Articles Posted in Tort Reform
Liability Insurance Rate Increases Coming?
Liability insurance companies make money in two major ways. First, they make money on the insurance product – doing good underwriting, setting appropriate rates, and properly managing claims. Second, insurance companies make money holding today’s premiums to pay tomorrow’s claims (and claim expenses). That money is invested, and the investment…
Fee Caps – And the Harm to the Patient that Results
There is a lot of talk about capping fees in medical malpractice cases. Fees are already capped, of course, at one-third of the recovery, but the health care industry wants further limitation on fees charged to plaintiffs in successful cases. Why? Because they’re not stupid. They understand that a lower fee…
Chamber of Commerce Lobbies for Protection from Lawsuits
Here is the text an December 20, 2008 article on the CBS News website about the efforts of the U.S. Chamber of Commerce to take advantage of the opportunity created by the world’s financial problem to seek legal protection for wrongdoers. Thanks to Suzanne Keith at TAJ who forwarded it to…
The Politics of Fear in an Effort to Achieve Tort Reform
Insurance companies know that they have little credibility in the fight over access to the courthouse. This is particularly true in the medical malpractice area, where the evidence in Tennessee demonstrates that (a) doctors and hospitals win over 96% of jury trials; (b) professional liability rates, adjusted for the medical inflation rate,…
Chamber of Commerce Wants to Preserve Right to File Suit
That’s right. The Chamber of Commerce believes in the right to file suit if you have been aggrieved by the conduct of another. As long as you are a car manufacturer and want to complain about new laws limiting greenhouse gas emission standards. Read about the Chamber’s latest hypocrisy here. Thanks to…
The Case for a “Loser Pays” Rule
The Manhattan Institute for Policy Research has issued a report extolling the virtues of a "loser pays" rule. Here is an excerpt from the "Executive Summary:" This study explores the likely effects of adopting a "loser pays" rule for attorneys’ fees in the United States. Loser pays, sometimes called the "English…
2008 Medical Malpractice Report Released
The Tennessee Department of Commerce and Insurance has released the 2008 Medical Malpractice Claims Report. The report reveals data from medical malpractice cases settled and tried in Tennessee in calendar year 2007. The numbers: Total judgments for plaintiffs 2004 6 2005 5 2006 6 2007 7 Total settlements 2004 444 2005 461 2006 453 2007 492…
“We’re Number 2!”
One repeated argument for restricting the right to trial by jury is that we need to have a state where businesses will want to settle, thereby creating more jobs and strengthening our economy. Well, to the extent that is a relevant factor in the tort deform effort it is should…
Is Exxon Mobil Considering a New Line of Business?
There is alot of public outcry about the profits of Exxon Mobil for the 3rd quarter of fiscal year 2008. The company reported profits of $14.83 Billion for the three months ended September 30, a 58% increase. Exxon Mobil had revenue of $137.74 Billion during the 3rd quarter of 2008. …