Corp Reform - Not Tort Reform

Smoking Politics

Just saw a new blog, Marlboropolitics.com.  The following passage of "Smoking Politics" caught my eye:

"Look at how much of the right's political agenda is aligned with the needs of the tobacco companies. There's deregulation, especially in the area of protecting the health and safety of the public, or of regulating toxic substances. There's "tort reform" - the attempt to prevent victims of corporate malfeasance from using the courts to hold companies responsible for their actions. And, of course, there's tax cuts for corporations - and the government looking the other way as the tobacco industry continues to spend $35,000,000 a month marketing their product." (Emphasis added.)

So far, I like what I've read there.  Be interesting to see how long before they get sued over using the trademarked Marlboro name.  Too bad I'm not a lawyer yet - I'd take the case pro bono just for the fun of it.

New Reciprocal Links

Just wanted to invite you all to check out

http://www.newyorkpersonalinjuryattorneyblog.com/ and http://www.nddb.net/ .  The former site is self-explanatory.  The latter is a neat site for patients to review their doctors.

Both of these sites are strong enough on their own to merit links, but the fact they link to me seals the deal.  Again, if you're linking to me let me know and I'll most likely add a link back.

Things are really livening up at tortdeform.com, so you should definitely check that out.  Also, if you've got any links you think I should see, by all means email me at justinian at corpreform.com.

Check Out Tortdeform.com!

Tired of reading the same tired arguments for tort reform from the same tired pro-business, anti-consumer websites?  Then check out www.tortdeform.com!  It's a new site created by the Drum Major Institute for Public Policy, and has tons of potenential.  And I'm not just saying that because I'm one of the contributors to the site!

In addition to posts from me, look for posts from a wide variety of other authors.  In the words of Cyrus Dugger:

"This blog is being launched to right this imbalance, and to affirmatively engage the "tort reform" movement's ideas in a popular medium that is accessible to lawyers and non-lawyers alike."

I'll continue to post here at Corpreform, and will also post at Tortdeform.com.  Sometimes the content will be duplicated, and other times each site will get an exclusive.  The really good news is that Cyrus has promised to poke me with sharp objects if I don't start making weekly posts.

Spread the word.

A Useful Blog About The Drug Industry

I came across an informative blog, drugindustry.co.uk, that commented on Bill Frist's "solution" to the avian flu crisis: Immunize vaccine manufacturers from suit. 

"The premise behind the liability shield is familiar, even plausible: American drugmakers have been pulling out of the vaccine business for the last 20 years, and fear of lawsuits must be one reason. But that argument falls apart on close examination. A recent study in the Journal of the American Medical Association found only 10 lawsuits in the last 20 years over flu vaccines; the authors have concluded that drug companies withdrew from the vaccine business mainly because of low-profit margins and unpredictable demand."

Good to know Dr. Frist, as always, puts profits before patients.  (Do you have any idea how happy I'll be if that Hippocratic hypocrite is indicted by the SEC?)

"Buying The Tort"

I'm not sure he uses the best example, but KipEsquire used a great phrase - "Buying The Tort" - to describe a situation when an individual or company commits a tort because it's profitable.  He, like me, argues that in many cases, punitive damages are the only way to deter tortfeasors and would-be tortfeasors:

"Now imagine if there were no such thing as punitive damages. People like these jackasses could go around in their balaclavas scaring the bejeesus out of people in order to make a buck (or, perhaps worse, just for the heck of it) as often as they liked. The threat of a lawsuit, based just on compensatory damages, would be no threat at all. This is what is known as "buying the tort" — tortfeasors knowingly committing torts knowing that even if they get sued, it's "worth it." (In negligence, by contrast, the defendant isn't knowingly doing anything wrong -- that's the very definition of negligence.)"

Buying the tort.  I'm surprised I've never heard that phrase before...