Tort Reform In Hot Coffee

Tort reform is very controversial issue. From the plaintiff’s perspective, tort reforms seems to take liability away from places such as insurance companies and hospitals which could at times leave the plaintiff without defense. From the defendant’s perspective, tort reform provides a defense from extremely large punitive damage awards. There seems to be no median between the two. Neither side will be satisfied. With the help of affiliations such as the American Tort Reform Association and Citizens Against Lawsuit Abuse, many businesses and corporations are working to change the current tort system to stop these high cash awards.

The anecdote above demonstrates that taking a close look into Pruitt’s background as an Oklahoma senator may elucidate the pitfalls he faces as a high-ranking presidential advisor. Wagner and Kelly are simply the tip of the iceberg when it comes to all the peculiarities of Pruitt’s nomination and many other concerning associations continually make themselves known to the public as time progresses. Among the investigations for unchecked spending, lapses in ethics, and inappropriate interactions with lobbyists, Pruitt has shown himself to be as difficult to trust as the administration that nominated him (Eder

The Supreme Court speaks not only through its rulings in cases argued before it, but also through its choice not to hear certain cases -- the ones denied certiorari, in legal lingo. By refusing to hear claims brought by victims of Bush-era torture and detention practices, and failing to decisively reject the government's array of bad excuses for denying them a modicum of justice, the Court in recent years has sent an appalling message of indifference and impunity. These missing cases constitute a profound stain on the court's record, and they are worth recalling on this week's tenth anniversary of John Roberts's swearing-in as Chief

Lynn Hubbard is handicapped. She happens to also have her own law firm. In the past year, she sued more than 600 nearly irreproachable institutions for over two million dollars. Hubbard and her entourage of scheming lawyers have not done anything illegal. Some may argue that she has simply exercised her right to the legal system. In any case, Hubbard is part of the growing American society that has discovered large money in mass litigation. This rise in greedy and manipulative lawyers has provided Americans with a skewed financial interest in the American courtroom and has hindered the justice system as a whole. Congress must reexamine tort reform to provide Americans with a

Whitehouse discusses how RD Legal worked; first they go after people who have received large amounts of money (i.e. NFL players, Compensation Victims). Second, RD Legal offers investors payment upfront as long as the investors pays the Funding Company back over time. The corruption of this operation was the continuous rise of interest for paying back the loan. Some people claimed, it was, “more than twice what ROAD Legal had advanced only months earlier”. Whitehouse shared a one woman’s struggle with the corruption of the RD Legal system and suffered through the 9/11 attacks. A woman was given sixty-five thousand and gained eighteen thousand from ROAD Legal but, was forced to pay back fifteen thousand dollars a few months later. This proves that R D Legal is a corrupt organization that only cares about money not helping people in serious situations.

In the novel A Civil Action by Jonathan Harr there is an obvious abuse of the judicial system by those whom have money, connections, and resources that ordinary middle class people don’t. The main plot line of this novel is about an aspiring lawyer who hopes to be a champion of the people affected by gross negligence on the part of two major corporations in their handling of dangerous chemical byproducts. A Civil Action is a classic yet trust shattering tale of how our legal system can be brought to its knees by money, greed, and power.

A Fighting Chance by Elizabeth Warren illustrates how, in American politics, interest groups often persuade Congress and governance to make decisions in their favor, at a cost to less fortunate, less powerful middle and lower-class individuals. She includes examples, such as how the government more easily lends to and bails out large banking institutions, while at the same time charging students interest rates that are as high as nine times greater. She touches only lightly, however, upon one of our greatest, most important, and most failed arenas: health care. Despite minimal discussion about our health care system, it seems clear that Warren believes that the same inconsistencies and poor values demonstrated within the banking industry are currently in practice within the health care industry.

The author provides dates of events during the course of the book during the early 2000s. There is an emotional appeal of how he was wrongfully treated and how he was terminated as a result of exposing some of the wrongdoings at Guantanamo Bay. I will use this source to share as an example of how this event at Guantanamo Bay impacted the presidency of George Bush and became a large media scandal for the history of his

The tort law uses the justice system as a vehicle to empower tort victims. Based on the video episodes of “Hot Coffee” the justice system is used effectively to promote law suits. The tort law is geared towards ensuring quality and safety, and awarding for damages that occurred in civil negligence towards the individual. The tort law is aimed to draw the attention of an organization, for example, in the McDonald’s case; McDonalds showed negligence when they served the customer hot coffee; the tort law in this situation is used to compensate for punitive damages and used as a coaching method for McDonalds to guarantee accidents such as this

Tort reform is an extremely debatable topic in the political & legal fields. By definition, tort reform refers to, “The proposed changes made in the civil justice system that directly reduces tort litigation or damages.” Generally, when someone mentions tort reform to an everyday normal person who is not familiar with legalese, they don’t have any idea of what the term “tort reform” is. Throughout this, one will understand through the three interviews conducted that two out of three people don’t necessarily understand the full concept of tort reform or have absolutely no idea what it is. One of the most notorious cases that led to the ongoing debate of tort reform is Liebeck v. Mcdonald’s Restaurant. When the case is brought up, one will say, “Isn’t that the lady that burned herself with coffee and then tried to sue for millions of dollars?” People believe they know the details of the case, however one will be able to see, this particular case is often misconstrued. In my personal opinion, after learning and studying the facts of this case, I don’t understand how a human being could be for tort reform after actually learning about the trials and tribulations that certain people in these kinds of cases, especially Stella Liebeck, have to go through.

The losses compensated for in this case include difficult-to-quantify losses such as disability, emotional distress, suffering, and pain, and economic losses such as lost earnings and medical expenses (Greene, Coon and Bornstein, 2001). Again here, capping or limiting the jury award would imply that even after suffering economic and noneconomic damages in the hands of the defendant, a plaintiff would not likely get back to the position they were in before the injury.

Facts: Santa Clara County who are the respondents in this case and who operates several 340B entities filed a case accusing Astra USA, Inc. and eight other pharmaceutical companies of violating the Pharmaceutical Pricing Agreement (PPA) by overcharging the 340B entities. PPA requires that manufacturers do not charge covered entities more than the predetermined ceiling prices which are derived from the average and best price and the rebates calculates under the Medicaid Rebate Program. The county was seeking compensatory damages for breach of contract arguing that 340B entities were PPA’s intended beneficiaries. The District court dismissed the complaint by concluding that the 340B entities had no enforceable rights under the PPA. The Ninth

In 2004, thirteen class action lawsuits had been filed in eight different states against not-for-profit hospital systems. In general, the reason for these lawsuits consisted of breach of contract, EMTALA violations, fraud, unjust enrichment, and civil conspiracy. In exchange for tax exemption status, the not-for-profit hospital systems were to provide affordable medical care to their patients. However, the plaintiffs, patients, were charged excessive amounts

The implementation of torture has resurfaced in the context of the “war on terror” during the Bush Administration. Surprisingly, a large portion of the American public stands as proponents of utilizing this cruel method to obtain information from detainees. Some firm believers insist that torture is justified in order to maintain the security of this nation. One of such believers is John Yoo, a

The documentary focuses on two famous cases “Liebeck v. McDonald’s Restaurants” and “Jamie Leigh Jones v. Halliburton Co.” and it talks about the Tort reform.