[DML] Tort Reform

[Bob Brandys <BobB@xxxxxxxxxxxxxx>]

Having been an expert witness for years and been involved in hundreds 
of liability cases,

be very careful about the "claims" of "tort reform."

Most "tort reform" politicians are only pushing one idea "lower the 
amount that the injured person can receive."

This is not "tort reform" , this is "damage control."

The real problem is the US legal  system.   You can sue anybody at any 
time for any reason.   It does not have to be against the law.  A case 
only needs to claim some fiscal damage - real or potential-fake or 
imaginary are all okay.  Further, the CLAIM DOES NOT HAVE TO BE TRUE!   
It can be TOTALLY FALSE and it is TOTALLY LEGAL.

The intent of most legal cases is to (in most cases)  drive your 
competition out of business.   If you check the legal facts,  almost 
90% of all civil legal cases in this countries are businesses suing 
other business.   Claims of medical malpractice clogging up the legal 
system are TOTALLY FALSE.

In other countries, it is illegal to bring a false case.  In fact, 
either the court or the opposition can seek sanctions for baseless 
claims.

The classical true case is the guy in England who sued McDs for 
allowing "worm meat" in its hamburgers.  Both the court and McD got 
almost immediate sanctions against this guy.

This country does not need tort reform it needs laws that heavily 
sanction lawyers and client who falsely sue other businesses or persons 
just to run up legal bills.  (and at the same time clog up the courts.) 
  Judges need to have the right and ability to dismiss false suits and 
to sanction plaintiffs and their attorney for abusing the legal system.

Bob



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