The Future of Tort Reform?
Wednesday, December 4th, 2002 Legislation & Regulation LiabilityFor those pursuing the Holy Grail of civil justice reform, it’s like deja vu all over again. Another year is drawing to a close without Congress or our state legislatures passing significant tort reform. Once again, many are left wondering how and when legislative solutions can be achieved. In Congress, plaintiffs’ lawyers have blocked broad reform efforts year after year, thanks to masterful use of their considerable influence and financial war chests. And even when reform proponents have been successful in the states, many of these victories have proven temporary, as activist courts have struck down reasonable tort reform laws as “unconstitutional.” Unfortunately, we often overlook the huge role the judiciary as a whole plays in applying our tort laws.
