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Case study in tort reform
Submitted by R. Neal on Fri, 2008/09/12 - 9:54am.
Related to the landmark Tennessee Supreme Court decision that expands the class of persons protected from negligent exposure to hazardous workplace materials, there's a similar case in Texas which highlights one of the many problems with tort "reform":
Alcoa argued that, because it couldn’t be proved that the company tried to intentionally harm Farwell’s client, there was no claim and moved for summary dismissal on those grounds. Under Texas law, an employee can only sue for intentionally causing harm, not negligence, while they are alive. Only after an employee dies can survivors make a claim, and then only for punitive damages, which are capped in Texas.
Tort "reforms" take away your rights to pursue justice, plain and simple. And say what you want about trial lawyers, until you need one. They are frequently the last, or only, line of defense between big corporations and average citizens, and the only way many can get justice.
When this was announced the other day I could not help but wonder if it had any anything to do with the Alcoa case. I still wonder. Link...
I also need to ask you R. just how we can even really talk about this? I want nothing more than this family to get the fair trial they deserve so how can we talk about it knowing what we know with related Blount County issues?
When I read the pdf several things jumped out at me including those 'friends' of Alcoa such as The US Chamber of Commerce, National Association of Manufacturers, National Federation of Independent Business Legal Foundation, American Chemistry Council, Property Casualty Insurers Association of America, and National Association of Mutual Insurance Companies.
Please help me understand how to talk about this without hurting the family and yet being able to explain this case has far larger implications than little old Blount County and one of their largest employers?
When this was announced the other day I could not help but wonder if it had any anything to do with the Alcoa case. I still wonder. Link...
I also need to ask you R. just how we can even really talk about this? I want nothing more than this family to get the fair trial they deserve so how can we talk about it knowing what we know with related Blount County issues?
When I read the pdf several things jumped out at me including those 'friends' of Alcoa such as The US Chamber of Commerce, National Association of Manufacturers, National Federation of Independent Business Legal Foundation, American Chemistry Council, Property Casualty Insurers Association of America, and National Association of Mutual Insurance Companies.
Please help me understand how to talk about this without hurting the family and yet being able to explain this case has far larger implications than little old Blount County and one of their largest employers?
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