Tort Reform

Foreword

Introduction 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