[SK6]

The issue with these proponents (of tort reform) is their abuse of the system, or a manipulation thereof, because of the inordinate amount of resources available to them. The issue of addressing global irrelevance is a tactic many of the large corporations use in order to turn focus away from the locally relevant issue, which works well for the tobacco industry, as this is their attempt at minimizing damages awarded by jury's. Cases were large jury awards have been seemed as inordinate can be found in Liebeck v. McDonald's Restaurants, P.T.S., Inc., Not Reported in P.2d, 1995 WL 360309 and Staples v. Merck & Co., Inc., 270 F.Supp.2d 833(N.D.Tex.,2003), which involves the product Vioxx®.

Discuss:

 

[mrbigisbudgood]

*popcorn*

 

[DaveW]

*shrugs* too lazy to chase up what happened in the cases you mention.... can't you just tell me?

 

[SK6]

They lost.

 

[ohio]

the inordinate amount of resources available to them.
global irrelevance is a tactic

what resources available to whom?

what is global irrelevance?

 

[SK6]

what resources available to whom?

To the large corporations such as the tobacco companies. They have vast amounts of financial resources along with manpower, such as attorneys and "experts". The issue with experts is a later discussion and falls beyond the scope of this discussion..

what is global irrelevance?

An issue that's discussed in a broader sense, however disguising it as a specific issue, however, it does not truly address the assertion proposed, also known as a premise.

IE:

Person A: "My husband cheated on me. I should file for divorce."

Person B: "He is a good provider and father to the children."

Person B may have a relevant point, but not to the matter at hand, thereby making it globally irrelevant.

Translation:

They baffle you with bullsh!t pawning it off with some techno babble.

 

[fluff]

Well clearly the answer is a color coded system of irrelevance.

 

[BurlyShirley]

What's a tort?

 

[fluff]

What's a tort?

It's like a cheesecake but with a sponge base.

 

[SK6]

I was thinking more of pop-torts!

 

[SK6]

Wow, a real topic that requires thought and no reply....

 

[DaveW]

This is the interwebby.... We no do "thought".

However if you want polemic, sweeping generalisations, hyperbole, Ideological dogma, Rhetoric and hysteria?
Your in the right place.

 

[fluff]

OK, what I know of Tort Reform (and it's not a lot) is that at least part of it appears to give large corporations immunity from civil actions, two examples: gun manufacturers, and pharmaceuticals. The effect of this is that these corporations are free to sell even defective products in any way they see fit and there is nothing that the public can do about it.

Am I on the right track?

 

[SK6]

Yes, that is correct. I actually focused more on the cigarette manufacturers, so much so I completely omitted the gun manufacturers or their lobby in Washington.

However, he gun manufacturers have a valid argument insofar as they should not be held liable for a gun, gained illegally by a criminal to hurt or otherwise murder someone.

Now that's what I'm talkin' about.

 

[fluff]

However, he gun manufacturers have a valid argument insofar as they should not be held liable for a gun, gained illegally by a criminal to hurt or otherwise murder someone.

Perhaps, perhaps not. For example, if they knowing supplied guns to wholesalers/retailers that they knew were supplying the black market then they would surely have some liability.

If they have a valid defence then they could produce it in court, being immune to civil action is not the answer. It should be up to the justice system to decide, not the politicians.