Essay on Tort Reform

Essay on Tort Reform

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Tort Reform


Tort reform is very controversial issue. From the plaintiff’s perspective, tort reforms seems to take liability away from places such as insurance companies and hospitals which could at times leave the plaintiff without defense. From the defendant’s perspective, tort reform provides a defense from extremely large punitive damage awards. There seems to be no median between the two. Neither side will be satisfied. With the help of affiliations such as the American Tort Reform Association and Citizens Against Lawsuit Abuse, many businesses and corporations are working to change the current tort system to stop these high cash awards.

Various organizations working in favor of tort reform include the American Tort Reform Association and Citizens Against Lawsuit Abuse. These associations are working to change the current tort system to work to the advantage of the businesses. The American Tort Reform Association, also known as the ATRA, founded in 1986, is a “bipartisan coalition of more than 300 businesses, corporations, municipalities, associations, and professional firms (American Tort Reform Association )” such as Exxon and General Electric that work together to "bring greater fairness, predictability and efficiency to the civil justice system through public education and legislative reform”(American Tort Reform Association ). Based in the District of Columbia, the ATRA consists of a thirty-two member board of directors that keeps members informed about current tort reform issues. Due to their efforts, tort reform issues supported by the ARTA have been adopted in forty-five states as well as the District of Columbia. Some of the issues supported by the ATRA include punitive damages and medic...


... middle of paper ...


...tice and a tort reform would be necessary. However, as soon as a person becomes defenseless the tort reform has gone too far. The business world should never have an advantage over the public. They should always be equal and have the same opportunity to win and collect damages. In conclusion, tort reforms are necessary to the extent that the person and the corporation remain equal (Loomis).



Works Cited

American Tort Reform Association. “ATRA: About ATRA.” 12 November 2002

<http://www.atra.org/about/ >

Hargrove, Mary. “Collision of Values.” The Arkansas Democrat Gazette. 6 October

2002: A1. Online. LexisNexis Academic. 12 November 2002.

Loomis, Tamara. “Business Cases: Tort Reform and Others Top the US Supreme

Court’s New Term.” New York LawJournal. 228. Online. LexisNexis Academic. 12

November 2002.

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