Thursday, August 12, 2004

The Other Side of Tort Reform

A Findlaw columnist writes today about the shenanigans that most "tort reform"ers don't want you to know about - what civil defense attorneys do in litigating personal injury suits. The column focuses on one particular tactic - erroneous removal of suits to federal court. State courts are generally more plaintiff-friendly than federal courts, so choice of venue is important to the parties. Removal is automatic (regardless of whether it's proper) and it costs lots of time and money to correct. So a plaintiff with a lawyer working on a contingent fee basis is in a weaker position than a corporation or insurance company with hordes of attorneys who, since they get paid by the hour (win or lose) have no incentive to move the process swiftly along. Where are the tort reformers on that kind of abuse?

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