TRIAL
ATLA Logo Member Resources


TRIAL

search  



 

 

 

 

The myth of the litigation crisis

July 2006 | Volume 42, Issue 7

ano password required

aThe gloves are off
Bill Straub

For years, tort ‘reformers’ have disparaged the civil justice system, trial lawyers, and their allies. With facts and history on their side—and no less than Americans’ fundamental rights at stake—trial lawyers can and must start hitting back, hard.

aInsuring against the next insurance crisis
Jay Angoff

Insurance costs are driven not by frivolous lawsuits, greedy plaintiffs, or some other fictitious beast, but by a regular, predictable insurance cycle that swings between market-based extremes. Regulatory reform could smooth the cycle.

aCorporate wolves in victims’ clothing
Justinian Lane

Corporate executives hate lawsuits—except when they’re the plaintiffs. These hypocrites blame personal injury litigation for driving up consumer costs, while they rake in million-dollar compensation packages ultimately paid for by consumers.

aStraight talk about torts
Carmel Sileo and David Ratcliff

Litigation is down, damages are down, and criminal—not civil—trials are clogging the courts. Statistics and trends reported by government agencies and research organizations confirm these and other truths about civil litigation.

aFighting to end the ‘ban litigation’ crisis
Arthur H. Bryant

Powerful interests are working to deny ordinary citizens access to the courts. Using tactics from mandatory arbitration to federal preemption to bans on class actions, they aim to stamp out consumer rights. These assaults must be thwarted.

aA chance at justice

Three trial lawyers write about cases they decided to accept despite private doubt and public disapproval, because they believed that, no matter how hard the road ahead, their clients deserved a chance at justice.

Features

ATLA celebrates 60 years

As ATLA turns 60, TRIAL celebrates six decades of fighting on the right side of justice with a special commemorative section.

aThe truth about the drug companies
Marcia Angell

Many consumers don’t realize that drug companies spend far less on research than they claim to and that most of this money goes toward reformulating perfectly effective older—and less expensive—drugs.

Driven to distraction
Robert F. Wilkins

Recent studies suggest that people who drive while talking on their cell phones may be more dangerous than drunk drivers.

Take the initiative with injury claim reserves
Jeffrey C. Wehe

If an insurance adjuster fails to set up adequate claim reserves early in the life of your client’s claim, the chances that the case will settle for a reasonable amount are slim to none. You can avoid this fate.

News & Trends

Executive women drive rise in pregnancy bias lawsuits

GAO report criticizes FDA drug safety oversight

Insurer may take share of damages award, Supreme Court rules

In Katrina cases, judge OKs policy exclusions, finds ambiguities

Vioxx studies question timing of heart attack risk

Terminally ill have “fundamental right” to unapproved drugs

Departments

President’s page
Our mission, our name

Supreme Court review
Upholding due process

ATLA Endowment: Donor profiles

Hearsay

ATLA in motion

Supreme Court limits Medicaid reimbursement from settlements

Litigation packet guides lawyers in meningitis cases

Trial lawyers, clergy respond to Christian Coalition attack

Plaintiffs keep their rights in med-mal cases

States aim to shield doctors and hospitals from emergency room claims

Members to vote on bylaw changes in Seattle

Books

Active Liberty
by Stephen Breyer

Lifting the Fog of Legalese: Essays on Plain Language
by Joseph Kimble

Experts & Professional Services

Classifieds

Lawyer Networking

Products & Services

Frequently Asked Questions about TRIAL | Past Issues of TRIAL

Send your comments and questions about the online version of TRIAL to us at trial@justice.org

Balancing the Scales of Justice
American Association for Justice
Contact Us  |  © 2008 AAJ Terms and Conditions of Use  |  Privacy Statement