The federal government learned the wrong lessons from the savings and loan scandals of the 1980s.
Insurance costs in Massachusetts are increasing.
Dispute Resolution Magazine
November 17, 2008
This analysis of the Public Citizen report and evidence collected in California and elsewhere reveals different and positive conclusions about the state of consumer arbitration.
Jackpot justice refers to courts rewarding trial lawyers with outsized judgments unrelated to any actual damages, but arecent case in Minnesota gives the phrase a whole new meaning.
Aside from the tremendous cost to taxpayers, civil Gideon will be counterproductive in its supposed goals of helping the poor and making the legal system more accessible.
Oklahoma is on the verge of becoming the next magnet jurisdiction for overbroad consumer class actions.
Texas Review of Law & Politics
July 17, 2008
A new book acknowledges that the litigation explosion has harmed America, but it places the blame on right-wing politics.
The Supreme Court's decision in Exxon Shipping v. Baker highlights the need for legislative reform of arbitrary punitive damage awards.
While Eliot Spitzer is gone, the overreaching tactics by which he made his name as a prosecutor are not.
When it comes to common-sense liability reform, Barack Obama toes the trial lawyers' party line.
The Port Authority of New York and New Jerseywas ruled to be 68percent responsible for the 1993 attack on the World Trade Center.
If dead lawsuits can be brought back to life to inflict damage on defendants, the loss of legal certainty would be devastating to the ability of businesses to gauge risk.
Class Action Watch
April 10, 2008
Frank explains the problem of class action tolling in mass tort personal injury litigation.
If the legislature will not act responsibly, courts should aggressively protect the constitutional rights of parties when retroactive legislation creates new liabilities for past conduct.
Compensation for those injured by the Ground Zero clean-up is appropriate, but if Congress continues this program, it needs to be closely monitored for fraud and kept fair.
The announcedsettlement of the Vioxx litigationshows the weakness of the plaintiffs' claims and the weaknesses of the current pharmaceutical product liability law.
Patent litigation is broken, and Congress is every bit as qualified as--and often more qualified than--the courts to fix it.
Former trial lawyer John Edwards's most famous and controversial case is reviewed.
Trial lawyers used the Enron scandal to successfully and legally extort billions of dollars from investment banks with a legally meritless lawsuit.
There is a critical distinction between Mitt Romney’s and John Edwards’s wealth.
This past September, the National Legal Center for the Public Interest merged with AEI to become the AEI Legal Center for the Public Interest.
If West Virginia’s tort system allows absolute liability on pharmaceutical manufacturers, manufacturers may choose not toserve the state's relatively small market.
Unless Congresscaps damages, many businesses may be bankrupted forminor violations of the Fair Credit Transactions Act.
The civil justice system is structured to create incentives for individuals and state governments to interfere with national policy goals.
As there is no cap on total recovery under FACTA, damages for a willful violation could be in the hundreds of millions.
The Eighth Circuit's dismissal of Stoneridge v. Scientific-Atlanta is investor-friendly.
Delusional plaintiffs with crazy suits are just a symptom of a larger problem.
You might be surprised at which documentaries have actually earned the most.
We should be cautiously optimistic about future developments as important cases about federal preemption and the scope of securities laws come before the SupremeCourt in 2007.
Judges and politiciansmust not allow securities litigation to continue to spiral out of control.
Judges and politiciansmust not allow securities litigation to continue to spiral out of control.
Congress should restrict the liability of "predatory lenders" to expand credit and protect them from predatory trial lawyers.
Will the judicial system give us the means to properly fight evil?
Some of the lawyers who committed massive fraud are finally being brought to justice.
What had been a trickle of litigation over Vioxx became a flood.
Has the Class Action Fairness Act curbed abusive class actions, and will it do so in the future?
Following Hurricane Katrina, Mississippi was hit by an insurance storm that caused some companies to stop issuing new policies.
Noneconomic damages should be capped and objective safety standards established in order to provide a safe harbor for manufacturers from unfair liability.
Plaintiffs lawyers have lost the public opinion war, but it is because their abuses have led them to lose the public policy debate on the merits.
The trial lawyers have now enlisted themselves in the war against terror.
What will the Supreme Court decide in the upcoming Philip Morris v. Williams case?
We need laws that improve certainty, thus reducing business risk, lowering prices and creating jobs. That would do more for consumers than any class action lawsuit.
Taxpayers may be “soaked” by the eventual government costs of flood insurance, but that is because their elected officials have made the decision to provide the giveaway of subsidized insurance at a cost far below the risks the government assumes in offering it.
Less than a quarter-century after Scoop Jackson’s death, we must now mourn the end of the Scoop Jackson Democrat.
Drug safety is important, but so are the health costs from vaccines and drugs not marketed because of liability risks.
Only through abuse of the class action mechanism can obesitylitigation be feasibly used by plaintiffs’ attorneys. The risk of that abuse, however, is very real.
Testimony before the House Financial Services Subcommittee on Capital Markets, Insurance and Government Sponsored Enterprises on issues surrounding the Milberg Weiss indictment and H.R. 5491.
How has the national debate over medical-malpractice and medical liability reform been affected by a set of faulty studies?
The inauguralLiability Outlook joins AEI's series of Outlook publications.
AEI Online
December 14, 2005
This installment looks at the problems presented by the Vioxx cases for the litigation system as a whole.
AEI Online
December 1, 2005
This paper looks at the history of Vioxx and asks questions about potential over-deterrence.
Medical Progress Today
September 1, 2005
Too bad we won't be able to sue the trial lawyers when the inevitable deaths happen.
A liability concern may have left the FBI ignorant ofAtta’s al Qaeda cell’s operations in the U.S., resulting in a missed opportunity to prevent the terrible events of September 11.
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