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Lawsuits have always been the critical last line of defense against
unsafe corporate practices. Corporate lobbyists, who have enjoyed
a gross imbalance of advocacy resources, have made tremendous strides
in recent years weakening safety laws and standards. Often, corporations
that may have otherwise blocked regulatory oversight have been forced
to improve their safety practices because of lawsuits brought by
average Americans. Further, as the tobacco litigation so aptly demonstrates,
tort actions also force disclosure of often extremely important
internal information about products, drugs, toxics, unsafe practices
and processes, and force airing these disclosures to millions of
people through the mass media. Such disclosures not only alert members
of the public to take their own precautions, but also inform regulators
and legislators as to the advisability of stronger safety laws.
In other words, the public's ability to bring civil lawsuits serves
crucial functions that, if weakened in any significant respect,
would devastate our nation.
Anecdotal descriptions of a few atypical lawsuits intended to shock
or amuse the public are the cornerstone of the business community's
anti-lawsuit advertising and public relations campaign since the
1980s. Focusing on a few rare, anecdotal cases, instead of the majority
of cases that pass through the courts each year, feeds into a false
and dangerous perception that the system is overflowing with frivolous
lawsuits. Often such verdicts have either been thrown out or substantially
reduced by trial judges or appellate courts, which is exactly how
the system is supposed to work. For example, this is exactly what
happened in the "McDonald's coffee" case. Yet the public
is given the false impression that a plaintiff received a windfall,
a defendant was financially ruined, or the system failed. Almost
without exception, the facts surrounding anecdotal cases cited by
"tort reform" proponents are misrepresented.
Individual copies of fact sheets are available free of charge to
certain members and subscribers of CJ&D. A limited number of
copies are available for purchase to non-members. Contact CJ&D for information on
ordering individual copies of CJ&D's fact sheets.
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