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The Need for Tort Reform
Recent facts, statistics, and opinions The Victors, the Spoils, and the Politics of "Personal Responsibility" in Congress, Katrina, Global Warming, and Tort Reform (An Update: 2006) The English Rule (PDF) Comprehensive Discussion and Analysis of Tort Reform, including the Litigation Explosion, Loser Pay, Strict Liability, and Caps on Damages, from an economic, social, and constitutional perspective. Taken from: America and the Law, April 1999.
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Category: Politics & The LawConsumerFreedom.com
According to its website, the Center for Consumer Freedom is "a nonprofit coalition of restaurants, food companies, and consumers working together to promote personal responsibility and protect consumer choices."
The Center ran a full-page ad with one hippo saying to another hippo: "Fred, your butt is getting huge." Then presumably Fred says "Who can we sue?" The ad continues: "It's no joke. Trial lawyers are suing restaurants and food companies because their clients eat too much." Readers are invited to find out more about "the attack on personal responsibility." I don't really know too much about these lawsuits, but I know that there are a lot of cases out there, and a lot of trial lawyers out there, and I would be shocked if there were more than a handful of trial lawyers pursuing more than a handful of these cases. Go down to your local courthouse and review the court filings. My prediction is that you would have a hard time finding too many of these cases. I also predict that any case you did find would be predicated on fraud by the fast food chain or food company. Everyone supports consumer choice. Everyone supports personal responsibility. But people are entitled to know what they are putting into their bodies. Shouldn't "Consumers" have the "Freedom" to know what they are eating, so that they can weigh the risks and the benefits, and make intelligent choices? I don't support - nor do I know of any judge or jury approving of - a case seeking to hold a restaurant or a food company liable simply for selling something that is inherently unhealthy. But when a company hides, manipulates, or lies about what people are putting into their mouths, I personally don't think that's a "frivolous" suit. Shouldn't a company stand behind its products? Shouldn't a company stand by its word? Isn't that the essence of responsibility? Stephen J. Herman, Esq. [Note - The views expressed on this political blog, blawg relating to products liability law, Federal Preemption, tort reform, tobacco litigation, fast food lawsuits, personal responsibility, corporate welfare and other issues are the personal observations of Steve Herman and are not intended to represent the views of Herman Herman Katz & Cotlar, Herman Mathis, LTLA, LAJ, ATLA, AAJ, Public Justice, TLPJ, Loyola Law School, the Civil Justice Foundation, or any other organization.] Comments |
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