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"Frivolous" Lawsuits News

Journalists Expose the True Meaning of "Frivolous"

Los Angeles Times Report (August 14, 2005)
"Legal Urban Legends Hold Sway"

"Tall tales of outrageous jury awards have helped bolster business-led campaigns to overhaul the civil justice system."

Palm Beach Post (April 21, 2005)
"A Lawsuit Myth Goes Up in Smoke"

"Florida's 'notorious' tobacco lawsuit isn't an argument for tort reform. Lawyers in that case saved lives by taking on an industry notorious for hooking children on a deadly product, lying about it and leaving taxpayers to pick up the tab."

Anniston Star Editorial (March 28, 2005)
"Nothing Frivolous"

"Forget all the distractions. At its core, asbestos lawsuits are about people harmed, quite often lethally, by the negligent actions of institutions and their managers. ... In this context, President Bush's use of the word 'frivolous' when describing asbestos litigation is callous, if not downright offensive."

USA Today Column (January 30, 2005)
"Legal Myths: Hardly the Whole Truth"

"Have you heard about the guy who injured himself while using his lawn mower as a hedge clipper, and then won $500,000 in a lawsuit against the lawn mower company? How about the woman who threw a soft drink at her boyfriend, slipped on the wet floor, and then won $100,000 in a lawsuit against the restaurant? These are only two of the common examples of lawsuit abuses that are fueling the call for 'litigation reform.' They are also completely untrue — part of a growing collection of legal mythologies that are appearing widely in the national media...

"Both stories have been attributed to the Stella Awards, an annual listing of loony lawsuits. But the Stella Web site points out that they both are complete fabrications... Legal legends fit the stereotype of litigation so well that their falsity becomes secondary...

"There is, however, a great difference between using urban legends to dish on some actress and using them to make massive changes in the law. So as we begin this latest debate over tort reform, one small piece of advice: If you hear about a case that is almost too good to be true, it probably isn't."

Washington Monthly (October 2004):
"False Alarm: How the media helps promote the myth of America's 'lawsuit crisis'"

"The current PR campaign by the insurance industry and other big corporations [to limit Americans' legal rights] is just the latest iteration of a long fight tracing back to the 1950s. That was when plaintiffs' lawyers started breaking down some of the legal barriers that had long protected industry from responsibility for injuries to workers and consumers and opened up jury pools to make them more representative of the general public... Politically, it was a lot easier to attack juries and trial lawyers than the popular consumer, civil rights, and environmental protection laws they enforced—or the injured victims they represented... The plain fact is, most lawsuits are neither ridiculous nor lucrative."

Des Moines Register Editorial (September 23, 2004):
"A Frivolous Notion: Capping Malpractice Awards Won't Put A Dent In Health Care Costs"

"One of the campaign ads Iowans have been seeing lately suggests that eliminating 'frivolous' lawsuits is one of the most important steps toward making health care available for all. What nonsense. In the first place, it is impossible to write a law that is capable of pre-determining which lawsuits are 'frivolous' and which ones have merit. Laws that purport to limit frivolous suits in fact end up capping the potential awards in all lawsuits. And, capping malpractice damage awards will not help lower health care costs. Malpractice premiums account for about .5 percent of the nation's health care costs. That's right, one-half of one percent of the total $1.6 trillion Americans spent on healthcare in 2002 . . . Caps tend to help insurance companies, not doctors or their patients."

Updated August 2005

Balancing the Scales of Justice
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