Thompson, Torts, and True Conservatism

Townhall.com ^ | June 17, 2007 | Ken Connor

[Gabz]

Not only should punitive damages be limited, but a “loser pays” system should require unsuccessful litigants to pay the costs and attorney’s fees of the defendant. That’s the way to discourage frivolous lawsuits and to compensate winning defendants for the huge toll which defending an unjust lawsuit imposes on them.

I do believe those to means of discouragement are needed to put a damper on the litigious nature of our current society. I do not wish to give wrongdoers a pass, however the defendent is not always the one at fault and thus the plaintiff (and the plaintiff's bar) should have reason to be very careful about the cases they push forward.

[redgirlinabluestate]

When some states and localities offer favorable climates for unjust lawsuits against nationwide corporations or individuals from other states, it is squarely within the federal government’s legitimate “interstate commerce” powers to place limits on those lawsuits.

You have hit the nail on the head here.

[Politicalmom]

Please provide a source.

I searched the 2004 Republican platform and found no such statement.

Maybe I missed it.

Regardless, believing that tort reform is a states’ issue is a
firmly conservative stance.

[Unmarked Package]

"Please provide a source."

2004 Republican Party Platform: A Safer World and a More Hopeful America

[...]

Reforming the Litigation System

America’s litigation system is broken. Junk and frivolous lawsuits are driving up the cost of doing business in America by forcing companies to pay excessive legal expenses to fight off or settle often baseless lawsuits. Those costs are being paid by small business owners, manufacturers, their employees, and consumers. A typical small business with $10 million in annual revenue pays about $150,000 a year in tort liability costs. That is money that could be used to invest and hire new employees. Inefficiency and waste in the legal system is costing the average American family of four $1,800 every year, equivalent to an extra 3 percent tax on wages. And the bulk of jury awards to plaintiffs don’t even go to the people who deserve it. Injured persons on average collect less than 50 cents of every dollar that the legal system costs. Trial lawyers get rich from the misfortune of others. If small business is America’s economic engine, trial lawyers are the brakes: They cost hundreds of thousands of good jobs, drive honest employers out of business, deprive women of critical medical care – then skip out with fat wallets and nary a thought for the economic havoc and human misery they leave in their wake. We praise President Bush and Republicans in Congress for their efforts to reform the legal system by passing meaningful class action reform, asbestos reform, and medical liability reform. And we call to account Senate Democrats and the powerful trial lawyer lobby, who have shown no shame in utilizing obstructionist tactics to thwart the efforts of majorities in Congress to provide meaningful relief to all Americans. The Republican Party reaffirms its support for meaningful reform of the legal system, and will continue its fight to guarantee the rights of all plaintiffs to swift and speedy justice.

[Politicalmom]

Thanks. That wasn’t in either of the two platforms I looked at. I guess they edited a lot out.

[RachelFaith]

LMAO !!

Thanks for that post.

Nice to see so many educated and well armed Freepers !!

[TN4Liberty]

I was especially fond of the comment that someone made during the “hillary-care” days when she had a team of lawyers working on a government health care plan.

“I’ll accept lawyers’ ideas about health care if we let the doctors develop a plan for tort reform.”

[perfect_rovian_storm]

Honestly, I’m very much against Fred on that issue. I think saying it’s a states rights issue is a cop out.

The Romney quote on it is dead on. Fred needs to get his mind right on this issue. I’ve heard rumblings that he is moving his position more towards a federal solution, but nothing definitive.

[Politicalmom]

It’s hard to argue with Fred’s reasoning in this piece...

http://www.redstate.com/stories/policy/my_retort_on_torts

[redgirlinabluestate]

It's harder to argue with the GOP platform statement, including this:

We praise President Bush and Republicans in Congress for their efforts to reform the legal system by passing meaningful class action reform, asbestos reform, and medical liability reform. And we call to account Senate Democrats and the powerful trial lawyer lobby, who have shown no shame in utilizing obstructionist tactics to thwart the efforts of majorities in Congress to provide meaningful relief to all Americans. The Republican Party reaffirms its support for meaningful reform.....