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Home The Attack on Trial Lawyers and Tort Law - HTML Version

The Attack on Trial Lawyers and Tort Law - HTML Version

Source: Commonweal Institute

Author: David C. Johnson

Date: October 1, 2003

Type: Report

Medium: Other

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This is the beginning of Commonweal Institute's report "The Attack on Trial Lawyers and Tort Law" in HTML format (a series of cross-linked web pages).

You can also click here to read the entire report in PDF format.

 

"With Republicans in charge of much of Washington - and moving to put limits on litigation - the headquarters of the Association of Trial Lawyers of America (ATLA) could be described as a building under siege. [. . .] ATLA lobbyists are fighting a wave of legislation aimed at capping what juries can award, curbing class-action suits, and protecting individual industries from litigation. Similar bills are getting passed in states, and even attorneys themselves are piling on - filing petitions to limit plaintiff lawyers' fees.

At the offices of ATLA, chief lobbyist Linda Lipsen insists the atmosphere has been hostile to their interests since Republicans took control of the House in 1994. Yet the lawyers Ms. Lipsen represents smell a new brand of retribution.

'If you cut the legs off the trial lawyers, then you significantly weaken the Democratic Party, and that's what this is all about,' says Jeff Wigington, product liability lawyer from Corpus Christi, Texas, who recently won a $225 million suit against the Ford Motor Co.

In the trial-lawyer headquarters at ATLA, Lipsen, the organization's chief lobbyist, points out that they have only three lobbyists fighting for the 'freedom' of individual Americans from limits on their rights against 80 lobbyists on the other side. Not that a group representing the nation's fiercest litigators minds a fight. Lipsen smiles. "We're way up there on their enemy's list." [1]

- From the article "Now, trial lawyers could use a good lawyer"
Christian Science Monitor, June 10, 2003

 

Table of Contents

Introduction

Section 1 -- Tort Reform Organizations and the Far Right

A Network of Seemingly-Independent Organizations

The Funding Behind the Right-Wing Movement Organizations

Coordination and Interconnection of the Right-Wing Movement Organizations

The Ideology Underlying Tort Reform Arguments

The Political Agenda – Defunding Trial Lawyers

Section 2 -- Reaching the Public, Legislators and Judges

Multi-Issue Think Tanks and Communications Organizations

The Right's Communications Infrastructure

A Broad Campaign, Utilizing Multiple Channels

Coordinated Dissemination of Ideological Messages

The Tactic of Creating Conventional Wisdom

Reaching State Legislatures

Tort Reform Organizations Work to Influence, Elect, & Appoint Supportive Politicians and Judges

Section 3 -- Effectiveness of the Tort Reform Campaign

The Right Sets the Public Agenda

Influencing Jurors

Achieving Their Goals

Section 4 -- Conclusion

Fighting Back

Appendix 1 -- Example Of Coordinated Dissemination of a Strategic Message

Appendix 2 -- An Example of Interconnectedness

Appendix 3 -- Examples of Ridiculing and Demeaning of Trial Lawyers

Appendix 4 -- Examples of the Involvement and Funding of Right-Wing Organizations That Advocate Tort Reform

Appendix 5 -- Examples of the Involvement of Organizations That Advocate Tort Reform

Appendix 6 -- Examples of State Tort Reform Organizations

Notes & References

Tags: trial lawyers, tort law, tort, reform, law

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