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Fixing Iqbal: Restoring Americans' Access To Justice
Two recent U.S. Supreme Court rulings severely weakened Americans’ basic legal protections and made it much easier for negligent corporations to escape accountability. Ashcroft v. Iqbal (2009) and Bell Atlantic v. Twombly (2007) allow federal judges to dismiss civil cases immediately, before individuals are allowed through “discovery” to gather the information that would support their complaints … effectively rewarding negligent corporations that succeed in concealing evidence of wrongdoing.
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Dangerous and Defective Products
Chrysler and GM's Bankruptcies Could Leave Injured Consumers Out In The Cold
Victims and families from five states, some with catastrophic injuries, came to Congress in early June 2009 for urgent help in light of the Chrysler and GM bankruptcies, which are wiping out--or in the case of GM could wipe out--their legal rights and those of millions of other Americans. According to the Chrysler bankruptcy plan, families driving any Chrysler now on the road (about 10 million vehicles), whose occupants are severely injured in a collision or otherwise because the car was not made safely, will have no recourse against the company. The GM bankruptcy proposes the same thing (about 30 million vehicles). -
The Medical Device Safety Act
In February 2008, the U.S. Supreme Court ruled in Riegel v. Medtronic that manufacturers of certain medical devices approved by the Food and Drug Administration (FDA)’s pre-market approval process are immune from liability, even when the devices are known to be defective.
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Foreign Manufacturer Accountability
Dangerous Foreign Products
Every day, American consumers are vulnerable to injury or death from dangerous foreign products. In fact, almost half of all products recalled in 2007 were made in China. And recent news that thousands of homeowners are living with the hazards of tainted Chinese drywall is just one more example of why there must be a system in place that would ensure these goods are safe. Beefing up U.S. inspections of foreign goods is an important step but it is only one part of the solution. -
Insurance Company Greed
An Industry Putting Profits Over Policyholders
Insurance companies are making record profits while raising premiums, denying claims, and refusing insurance to those who need it most. And now, Americans have had enough of the industry’s “deny, delay, defend” strategy. When insurance companies and corporate CEOs refuse to pay fair and just claims, the only place for many to get justice and hold them accountable is in our courts. -
Forced Arbitration
The Devil is in the Details
Forced arbitration clauses are hidden in the fine print of various consumer contracts. Consumers and employees are often forced to sign these clauses in order to receive services or get hired. In the event of a dispute with the corporation, the consumer can never take legal action and forced arbitration applies even if a consumer is seriously injured by a product or service. -
Medical Negligence
The Sixth Leading Cause of Death
According to the Institute of Medicine (IOM) preventable medical errors kill as many as 98,000 people every year at a cost of $29 billion. If the Centers for Disease Control classified medical errors as a category it would be the sixth leading cause of death, killing more people annually than auto accidents or guns. -
Secrecy in the Courts
Shhh…Corporations Hide Behind Secrecy Agreements
Negligent corporations that produce dangerous and hazardous products use court secrecy agreements to avoid accountability and hide potential public safety issues. Court secrecy agreements have hidden the dangers of prescription drugs, hazardous toys, deadly tires and collapsing baby cribs.
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