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RETHINKING THE LANDSCAPE OF TORT REFORM: LEGISLATIVE INERTIA AND COURT-BASED TORT REFORM IN THE CASE OF ASBESTOS*
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On its face, the asbestos case seems a quintessential example of the obstacles to enacting major tort reform in the United States, even when judges repeatedly ask for legislative relief and tort law is demonstrably costly and inconsistent. However, a closer look reveak that, since the early 1980s, judges and lawyers have been implementing "court-based tort reform": the creative use of existing rules and procedures to alter the litigation process. Understanding this institutional capacity, in ...
Related newspaper, magazine, and journal articles from HighBeam Research
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RETHINKING THE LANDSCAPE OF TORT REFORM: LEGISLATIVE INERTIA AND COURT-BASED TORT REFORM IN THE CASE OF ASBESTOS*
Justice System Journal
; ... asbestos litigation, the state court in San Francisco had completed only 11 percent of asbestos cases. In Massachusetts, the news was worse; the state court had resolved only 10 of 2,141 claims, or less than 1 percent (Hensler et al., 1985:84-85). Today ...
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MAKES SENSE TO ME: HOW MODERATE, TARGETED FEDERAL TORT REFORM LEGISLATION COULD SOLVE THE NATION'S ASBESTOS LITIGATION CRISIS
Vanderbilt Law Review
; I. INTRODUCTION During the three decades he spent working as a machinist for the United States Navy, Henry Plummer suffered continuous exposure to the asbestos used in the insulation, gaskets and pipe coverings of warships.1 In late 1999, a biopsy confirmed that he had developed mesothelioma, a
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Congressional legislation is needed to prevent further harm to workers. (Asbestos Litigation).
Asbestos & Lead Abatement Report
; Workers would not suffer huge financial losses, and fewer companies would go bankrupt if Congress passed legislation that prevented people who were exposed to asbestos, yet are not ill, from receiving payouts from lawsuits. Laws that take such action are being called for by the insurance industry.
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Tort reform gets new push; Terror bill may be recast.(political analysis )
Business Insurance
; Byline: MARK A. HOFMANN WASHINGTON-Republican control of Congress as well as the White House could mean action on many issues important to risk managers. These include asbestos litigation reform, class-action reform and medical liability reform. But Republican gains do not translate into the 60
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Is now the time for tort reform?( )
Risk Management
; In public affairs, as in sports and business, timing is critical. And many observers believe the time is right in 2005 for tort reform in America. Conventional wisdom cites the increased power of Republicans in Congress as the main reason for optimism about meaningful reform measures. Republicans
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Forget tort reform: Leahy. (Hot News).(Brief Article)
National Underwriter Property & Casualty-Risk & Benefits Management
; A solution to the asbestos litigation problem is possible if members of Congress focus on that issue without expanding it into tort reform, Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., said during a hearing held by his panel.
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When the levy breaks; Policy-makers must force tort reform.(OPED)(POLITICS IN THE CITY)
The Washington Times
; Byline: Gary J. Andres, THE WASHINGTON TIMES This city erects formidable political levies blocking swift passage of public policy change. Institutional checks and balances, interest groups, time and inertia are among the bulwarks holding back torrents of new legislation and regulation. On those
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Tort reform revisited. (Another Perspective) (column)
National Underwriter Property & Casualty-Risk & Benefits Management
; ... civil justice system. The Dallas Morning News reported that 85 percent were in favor ... observations appeared in a 1989 American Medical News article. * The bill must have a carefully ... said O'Connell in an American Medical News article. If the jurists believe in tort ...
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ASBESTOS LITIGATION:PATRICK LEAHY
Congressional Testimony
; 00-00-0000 Statement of Senator Patrick Leahy September 25, 2002 Today we will hear from experts, representing all sides in asbestos litigation, to get a better understanding of how asbestos victims, defendants and others fare in the courts. I hope today is the beginning of a bipartisan dialogue
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Downstate 'judicial hellhole' shows why we need tort reform Seventy companies have gone bankrupt as a result of asbestos lawsuits alone.
Chicago Sun-Times
; Conservative journalist M. Stanton Evans once famously observed that whenever "one of our people" reached a position of power in Washington where he could do some good for the cause, he ceased to be "one of our people" and became part of the business-as-usual crowd. Those who favor genuine tort
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