Discover and read the best of Twitter Threads about #tortreform
Most recents (3)
“These lawsuits are attempts to subject businesses to liability to solve a societal problem—regardless of fault, who caused the harm, whether the elements of the tort are met, or even if the liability will actually address the issue.”#LitigationNarrative
atra.org/wp-content/upl…
atra.org/wp-content/upl…
“In recasting the litigation under public nuisance law, lawyers hoped to circumvent the responsibility of individuals. Richard Scruggs, a renowned former plaintiffs’ attorney, explained that the legal theories most likely to resonate are those that “do not hinge on fault,” but..
..are based simply on the fact that these entities made money selling opioids. Their success will depend on “whether the plaintiffs can muster sufficient legal, political and public relations pressure to force a settlement.”
Here's a media literacy rule of thumb: any time you hear about how the courts have done something outrageous and absurd to some poor, long-suffering, gigantic, wildly profitable corporation...*dig deeper*. 1/ 
If you'd like an essay-formatted version of this thread to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:
pluralistic.net/2022/06/12/hot… 2/
pluralistic.net/2022/06/12/hot… 2/
The canonical example is the "McDonald's Hot Coffee Story" (aka *Liebeck v. McDonald's*). You know, that time an old lady got burned by her McDonald's coffee and sued for for $2.7 million?! Most people heard about it - and they heard it for a reason.
en.wikipedia.org/wiki/Liebeck_v… 3/
en.wikipedia.org/wiki/Liebeck_v… 3/
“Daniel Kessler and Mark McClellan (1996) found that these incentives translated into “defensive medicine”—use of precautionary treatments with minimal expected medical benefit out of fear of legal liability”
🧵#DoNoHarm #DEACenteredCare #TortReform #CAM
nber.org/system/files/c…
🧵#DoNoHarm #DEACenteredCare #TortReform #CAM
nber.org/system/files/c…
“The 1990s brought a new phenomenon: the use of litigation to impose regulation. In this scenario, exec-branch agencies or even private parties sue alleged wrongdoers and obtain settlements that govern the defendant’s future behavior through a system of highly specific rules.”
“However, the use of litigation as a means to force companies to accept regulation outside of the normal political process raised several new questions about litigation’s dynamic costs and benefits”. (Viscusi 2002; Moriss, Yandle, and Dorchak 2009) -cont. ⬇️
