 The Truth About TortsThe Campaign for 'Tort Reform': Undercutting Vital Protections
In recent years, efforts to rein in excesses of corporations have run head-long into an assault on individuals' right to bring suit against manufacturers whose products or activities cause them harm. This push for what its backers call “tort reform,” has been driven by a seemingly endless stream of thinly fact-checked anecdotes about frivolous lawsuits and by a brazen effort to blame the rising costs of health care on malpractice lawsuits.
CPR’s Member Scholars have conducted extensive research on the topic, and in a series of reports on various aspects of the subject, have debunked most of industry’s claims about the need for tort reform. Indeed, the push for tort reform is at its core an effort to protect industry from its own excesses. By limiting the dollar damages citizens can seek in court, industry hopes to make unsafe and polluting practices less financially risky. And by denying citizens access to the courts, industry hopes to make such practices all but free of risk.
Nevertheless, the myth of the "Lawsuit Crisis" has taken root, the result of years of pounding by corporate interests intent on enacting "tort reform" that protects them from the harm their products and practices cause. CPR Member Scholars’ work in this area includes three installments in the Truth About Torts series:
- Austin American Statesman Op-Ed. Read "Court Takes Up Preemption Doctrine," by CPR Member Scholar Thomas McGarity, published in the November 28, 2008 Austin American Statesman, on Wyeth vs. Levine.
- Op-Ed on the Roof Crush Rule and NHTSA Preemption Efforts. Read "Beware Dangers of Roof Crush Rule," by CPR Member Scholars Sidney Shapiro, Nina Mendelson, and William Funk in the August 4, 2008 Winston-Salem Journal, on the dangers of agency preemption, in the context of the NHTSA's "roof crush" rule.
- Truth About Torts IV: NHTSA Overreaches. Read The Truth About Torts: Regulatory Preemption at the National Highway Traffic Safety Administration, by Member Scholars William Funk, Thomas McGarity, Nina Mendelson, Sidney Shapiro, David Vladeck, and Policy Analyst Matthew Shudtz. CPR White Paper 804, July 2008. And the news release. And see our NHTSA Preemption page.
- Truth About Torts III: Preemption. Read The Truth about Torts: Using Agency Preemption to Undercut Consumer Health and Safety, by William Funk, Sidney Shapiro, David Vladeck and Karen Sokol, White Paper 704, September 2007. Read the news release.
- Truth About Torts II: Corporate Immunity. Read The Truth about Torts: Lawyers, Guns, and Money, by Thomas O. McGarity, Douglas A. Kysar, and Karen Sokol, White Paper 603, July 2006.
- Truth About Torts I: Malpractice. Read "The Truth about Torts: An Insurance Crisis, Not a Lawsuit Crisis," by Thomas O. McGarity, Douglas A. Kysar, and Karen Sokol, White Paper 509, June 2005.
- A CPR Perspective. CPR Member Scholars have authored articles on related topics, as part of the CPR Perspectives Series. These include Perspectives on Corporate Accountability, Corporate Behavior, Medical Malpractice and Tort Reform.
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