If you take the media reports at face value, all attorneys are corrupt and only looking to make a quick buck by filing as many frivolous personal injury and medical malpractice lawsuits as possible and litigating them through trial to win exorbitant jury awards which causes everyone’s insurance costs to go up. The solution currently in place for this “problem” is tort reform legislation, but who stands to benefit from the legislation and who will … Read more
Jan 24, 2018
While much of the American public cries out for tort reform, only 0.002% of Americans filed tort lawsuits in 2015 compared to 0.01% in 1993; however, in November 2016, 87% of voters thought that too many lawsuits were filed in America according to this Wall Street Journal article. Fake news, anyone?
May 10, 2017
More than a century ago, Oliver Wendell Holmes observed, “the life of the law has not been logic; it has been experience.” I wonder what Justice Holmes would think of the matter these days when cases come down the pike which seem to run counter to both logic and experience.
For a case in point, consider a report from the Oregonian recently describing how a lawsuit against Washington County for the drowning deaths of four … Read more
Nov 3, 2016
An appellate court in Utah recently ruled that a woman appointed personal representative of her deceased husband’s estate could sue herself on behalf of her husband’s sole heir, herself, for negligently causing the motor vehicle accident that caused her husband’s death. The ABA Journal story is here.
The appellate decision is wholly insensitive to the absurdity of its conclusion. Of course, the purpose of such litigation where the only interested participants are me, myself … Read more