Tort Reform: A Study in Frustration

by James K Norman

Overview

Tort Reform requires change, but change gives rise to two conflicting factions. The first, sensing inequities in the present tort system, seeks change to level the playing field. The second vehemently opposes change and seeks to maintain the status quo, which provides them with stability and prosperity.

While admittedly favoring change, this book points out the merits of both sides of this seemingly never-ending, frustrating controversy, leaving the reader with a choice.

Product Details

ISBN-13:	9780692115442
Publisher:	Auburn Manor Holding Corporation
Publication date:	05/31/2018
Sold by:	Barnes & Noble
Format:	eBook
Pages:	178
File size:	925 KB

About the Author

A graduate of University of California Hastings College of the Law, James K. Norman was a practicing trial lawyer for thirty-five years. During this time, he handled cases relating to constitutional law; business law; environmental problems; residential, commercial, and industrial construction problems; local government; and administrative law. At the University of Iowa, he lettered in track, tennis, and gymnastics, acquiring Big Ten and national titles. In 1997, after retiring, he began devoting his time to teaching the United States Constitution to high school students and to the elderly. He is also a retired United States Coast Guard Reserve lieutenant commander. Born and raised in Iowa, Norman currently resides in Idaho with his wife, La Donna.

Table of Contents

Foreword

Introduction to Tort Reform

• The Nature of Torts
• The Scope of Torts
• The Problems

The Evolution of Tort Law

• A Brief History
  • The Common Law
  • Statutory Law 

Introduction to Evolution of Extended Liability

• Res Ipsa Loquitur
• Warranties
• The Restatement of Torts, 3rd Edition, Weighs In
• Strict Liability in Tort

The Problems

• It Takes Too Long
  • The Background
  • Trial Work Is Tough — Get It Over With
  • Continuances
  • Remedial Measures
• It Is Too Expensive
  • The Ethical Problem
  • The Good Old Days Are Gone
  • Expensive Trial Tactics
• Joint and Several Liability
  • Contribution
  • Indemnity
• The Collateral Source Rule
• Punitive Damages versus Compensatory Damages

The Health Industry

• What the Health Industry Was
• What the Health Industry Is
  • How Doctors Are Involved
  • What Role the Hospitals Play
  • A Higher Level of Care Means More Expensive Care
  • The Impact of Insurance
• People Who Slip through the Cracks
• So, What Can Be Done?
  • Give the Trial Judge More Discretion
  • We Need More Flexibility
  • Accept the Fact Some Cases Require a Professional Trier of Fact

Administrative Law Courts

• National Labor Relations Board
• National Transportation Safety Board

Sovereign Immunity

• Assessment without Benefit
• Taking without Compensation
• Taking for a Private Purpose

Summary

• Legislative Character — Alexander Hamilton 
• Today’s Legislator
• The Timeline Sinkhole
• The High Cost
• Joint Liability
• The Collateral Source Rule
• Contingent Fee Agreement
• Product Liability
• Client Concerns about Attorney’s Interests
• Bureaucracy Overtaking Democracy
• The Health Industry
• We Have Lost Our Way
• Conclusion

Appendix A: Due Process Replaced

Appendix B: Due Process Lost

Appendix C: Government Concealment and Deceit

Glossary

Index

About the Author