Tort Reform (eBook)

ForewordIntroduction to Tort Reform

The Nature of Torts
The Scope of Torts
The Problems


The Evolution of Tort Law


A Brief History

The Common Law
Statutory Law 




Introduction to Evolution of Extended Liability


Res Ipsa Loquitur
Warranties
The Restatement of Torts, 3rd Edition, Weighs In
Strict Liability in Tort


The Problems


It Takes Too Long

The Background
Trial Work Is Tough — Get It Over With
Continuances
Remedial Measures


It Is Too Expensive

The Ethical Problem
The Good Old Days Are Gone
Expensive Trial Tactics


Joint and Several Liability

Contribution
Indemnity


The Collateral Source Rule
Punitive Damages versus Compensatory Damages


The Health Industry


What the Health Industry Was
What the Health Industry Is

How Doctors Are Involved
What Role the Hospitals Play
A Higher Level of Care Means More Expensive Care
The Impact of Insurance


People Who Slip through the Cracks
So, What Can Be Done?

Give the Trial Judge More Discretion
We Need More Flexibility
Accept the Fact Some Cases Require a Professional Trier of Fact




Administrative Law Courts


National Labor Relations Board
National Transportation Safety Board


Sovereign Immunity


Assessment without Benefit
Taking without Compensation
Taking for a Private Purpose


Summary


Legislative Character — Alexander Hamilton 
Today’s Legislator
The Timeline Sinkhole
The High Cost
Joint Liability
The Collateral Source Rule
Contingent Fee Agreement
Product Liability
Client Concerns about Attorney’s Interests
Bureaucracy Overtaking Democracy
The Health Industry
We Have Lost Our Way
Conclusion


Appendix A: Due Process Replaced
Appendix B: Due Process Lost
Appendix C: Government Concealment and Deceit
Glossary
Index
About the Author