Tort Reform

@UJM
This be politically involved lawyer (who has never taken a plaintiff in any of the types of tort actions you post) can tell you with certainty that state legislatures and Congress that have lawyer majority memberships will not pass meaningful tort reform.
They will not vote to cut their incomes or the incomes of their contributors.

@CTL, sadly how very true, at least try to litigate is a costly venue.

@UJM
You of course realize that I was not disagreeing with your desire, but explains why it won’t happen anytime soon.
The CTL firm doesn’t do Personal Injury, Medical Malpractice or most of those things whose awards you find offensive. We have done some pro-bono civil rights and ADA litigation, but only seeking changes in procedures, coverage of reasonable expenses and attorneys’ fees as 1/3 our usual billing rates and an award in damages to the client in the amount of $1.
I taught an AP Government class in a local public high school this past semester. A visiting parent in a wheelchair made a stink about not being abl to access the water fountain and was demanding the installation of lower fountains and $100,000 damages. I defended the school district. When I cross examined the plaintiff I took out a photo of the cup holder in the side of the fountain and the protruding paper cone cups. I asked by that didn’t satisfy the plaintiff. She replied she shouldn’t have to be different than anyone else. I said you are different than everyone else in this courtroom, you are the only one in a wheelchair but still got your day in court. The judge ruled the paper cups were a reasonable accommodation and ruled for the school district and awarded the school district attorneys fees of 50% of billing.

So, just like with anything in this country, you need the other side to have more money to sway the oligarchy. There should be some big financial interests on the pro-tort-reform side; I would imagine insurance companies for example.

UJM and other critics

I hope you never need an attorney to represent you

I hope you are never injured and get a small tort award

There is a jury system set out in the law for a reason. You think you know better than the jury. Vote with your feet and move to Canada.

Tort reform presents both advantages and disadvantages. On one hand, it compels healthcare providers to practice defensive medicine, which some argue benefits patients. However, on the other hand, it significantly escalates healthcare costs, ultimately burdening regular individuals with the expenses.

What is truly troubling is that the main impediment in this situation is the attorneys, who seem to prioritize their own enrichment.

“awarded the school district attorneys fees of 50% of billing.”

This is not quite an award. It’s pulling money from one person to give it to another.

This is why people who actually can’t afford these “awards” can’t take their offenders to court. You can’t really tell in this country if you’ll win no matter how just your cause, and you might end up way worse than you started. The authors of the constitution thought that they resolved this issue, but nah.

In some cases I agree. But in others, not so much.
Let’s look at a theoretical case – big pharma releases a medication without proper testing, using their political clout to push it through government approvals. Then it causes damage to its users, and they get sued.
If they are limited in how much they have to pay out, it won’t matter to them. Their profits will far outweigh the payouts. They need to be held accountable through punitive damages, otherwise it’s a simple cost/benefit analysis that tells them to continue pushing out bad products.
Tobacco companies would have the same issue. They’d abandon the warnings on the labels, and start advertising like crazy again, because they won’t be held accountable as they should be.

Soo for small businesses, yes, there should be some type of limits. Maybe limit when there isn’t gross negligence? That might be a better option.

@HaLeiVie
Why shouldn’t the plaintiff who filed a baseless and frivolous lawsuit (having suffered no injury) be forced to pay half defendant’s legal fees? Why should the taxpayers foot the bill?
In this case the plaintiff’s attorney who brought the case is awaiting disciplinary action by the State Bar.

“Why shouldn’t the plaintiff who filed a baseless and frivolous lawsuit”

Because there’s no objective definition of “frivolous and baseless” and it could lead to the little guy who can’t afford a fancy lawyer getting victimized twice.

@akuperma, I needed to tone it down by the mods.
“There are many Yidden working as lawyers, so we shouldn’t complain.” that comment ranks up there among the silliest that I have seen, should we encourage smoking, or poor eating habits because there are many Yidden working as doctors?
should we encourage reckless driving because many yidden own body shops? should we fight Alzheimer’s research because many yidden work in long term care? Should we lower building codes because many yidden work as builders, the list goes on and on.

@commonsaychel
Sanctions by the State Bar happen much more frequently than you think (in some states). The plaintiff’s attorney will not be fined or suspended, but probably ordered to take a class on current ADA regs and reasonable accommodations.
BTW: he had never visited the school and viewed the suspect fountain, just sent a investigator out to measure its height, when picture of cups/holder presented at trial, his jaw dropped and his face turned red in embarrassment

@CTL, I have dealt with torts for 20 + years and have yet to see an Attorney sanctioned for bringing a frivolous suit in NY or NJ.

Baltimore

“Part of tort reform is doing away with many clasa actions… ”

That isnt one of the reforms that ujm mentioned . what do you mean it is “part of tort reform” IT isnt part of his suggested reforms

@Commonsaychel

No, it is rare in NY and NJ, but in CT we don’t elect trial and appellate level judges (only probate). Thus, judges don’t have to raise election funds or garner votes or seek endorsements and are far mor free to admonish attorneys and refer to the bar disciplinary committee.
I never held a NJ license, and while I hold NY along with CT, MA and FL it is my plan to surrender NY and MA December 31 as my 70th birthday approaches and stop paying license fees, insurance and Bar Dues in those states. It’s years since I’ve needed the licenses. Now I just have my licensed adult children or their spouses handle things in those states.

By having more than one person working on it seriously and honestly. I don’t think the solution should hang on a single person’s idea. And it it very sensible to raise an issue without already having the solution beforehand.