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Home > Law > Law General & Other > Torts > Blocking the Courthouse Door: How the Republican Party and Its Corporate Allies Are Taking Away Your Right to Sue
Blocking the Courthouse Door: How the Republican Party and Its Corporate Allies Are Taking Away Your Right to Sue
by Mencimer, Stephanie
 
 
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Blocking the Courthouse Door: How the Republican Party and Its Corporate Allies Are Taking Away Your Right to Sue

Thanks to constant political oratory against "frivolous lawsuits" and "jackpot justice," it is widely known that there's a legal crisis in this country. President Bush never misses an opportunity to call for laws that would bring more "common sense" to a legal system that, he claims, is out of control, wrecking the economy, driving doctors out of their practices, bankrupting small businesses, and costing American jobs. Journalists repeat the charges without examining them.

As a result, the lawsuit issue has moved to the political front burner, and in the past three years, state after state has responded by limiting citizens' rights to sue. Just this year alone, the Republican-led Congress has passed restrictions on class action lawsuits and is steps away from enacting limits on medical malpractice lawsuits.

But is there really a crisis? National data show that the number of civil suits is falling, not rising, and that the average damage award is also going down. Despite intense media hype to the contrary, the number of personal injury lawsuits filed every year has been tumbling for the past decade. Upon closer examination, the stories of ridiculous lawsuits usually turn out to be false or badly misleading. The crisis, in short, appears to be a phantom.

So how do we explain the scary headlines? Who's behind the "tort reform movement," and what are the real goals? Blocking the Courthouse Door will show that the movement against so-called greedy trial lawyers and irresponsible plaintiffs is the result of a concerted and successful campaign by large corporations to get this issue on the table and thus limit their own vulnerability in the civil justice system. They have spent decades, and many millions of dollars, on focus groups and Madison Avenue public relations research. They have funded institutes, sponsored academic research, bankrolled politicians, set up phony "astroturf" grassroots organizations (with chamber of commerce return addresses), and fed copy to all-too-gullible journalists.

For corporations, the self-interest involved is fairly plain. Tobacco companies, no longer able to dodge the bullet of liability for knowingly selling poisons, are making an end run around the civil justice system. If they can't win a class action suit, they'll make suing itself illegal. Insurance companies, drowning in red ink from mismanagement and bad investments in the bond market, hike insurance rates by huge sums and blame malpractice suits. The doctors in turn blame greedy lawyers -- and their own injured patients. And for Republicans, the campaign provides an extra bonus: defunding the Democratic Party. Limits on lawsuits cut into the income of some of the Democratic Party's most generous donors, the trial lawyers, who are often the only source of campaign cash for Democrats in many states.

By exposing some of the dubious characters, corporate chicanery, skewed research, fudged numbers, and bogus journalism that have buttressed the calls for lawsuit reform, Stephanie Mencimer shows who's behind the movement to close the courthouse doors, and how they've successfully persuaded millions of Americans to give up their critical legal rights without fully understanding what they're losing -- often until it's too late.

Title of ebook: Blocking the Courthouse Door: How the Republican Party and Its Corporate Allies Are Taking Away Your Right to Sue
ISBN: 9780743298605
parent-ISBN: 9780743277006
Publisher: Free Press
Pages: 304
Published: 12-2006
Released online for download: 12-05-2006
Author of eBook: Mencimer, Stephanie

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Blocking the Courthouse Door

How the Republican Party and Its Corporate Allies Are Taking Away Your Right to Sue

Introduction

The story of Frank Cornelius would be funny if it weren't so awful.

In the mid-1970s, Frank Cornelius worked as a lobbyist for the Insurance Institute of Indiana, an industry group that was trying to change the state's medical malpractice laws. Back then, doctors across the country were protesting rising medical malpractice insurance rates, which they blamed on escalating jury verdicts in lawsuits filed by patients injured by bad medical care. The doctors staged white-coat protests at state capitals and buttonholed legislators with their claims that lawsuits and rising insurance costs were forcing them to stop delivering babies and to give up their practices.

Cornelius hand carried these gripes to the back halls of the Indiana statehouse. His goal was to win legislation limiting the amount of money injured people could receive in malpractice lawsuits, awards that were generally paid not by the doctors but by the companies that employed him. As he made his ro ... read full excerpt from: Blocking the Courthouse Door: How the Republican Party and Its Corporate Allies Are Taking Away Your Right to Sue ebook



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