Posts Tagged 'frivolous'

Tort reform results in two justice systems

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Are there two justice systems in Ohio? Regrettably, yes. Because of tort reform, there’s one for businesses and doctors and another for those occasionally injured at the hands of either.

Before going any further, let me explain something important. The purpose of this post is not to be critical of businesses or doctors. The purpose is to illustrate disparities in the justice system.

The distinction between the systems was highlighted in an Ohio Supreme Court decision in December. The case concerned a ...

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Is litigation over bras frivolous? No way!

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For those of you who missed it, Victoria’s Secret and its affiliate, La Senza, have just engaged in combat with Maidenform—okay, they’re actually litigating, but their cause is awfully important—over who has the right to produce—yes, you guessed it—a bra. Not just any bra, mind you.  We’re talking about the “Bombshell ® brassiere” and the “Hello Sugar ® brassiere.” (Yes, it’s difficult not to engage in sophomoric jokes about this.)

You see, Maidenform accused Victoria’s Secret and La Senza of infringing ...

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Tort reform is actually claim suppression

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Let’s call it what it is. What health care providers, their insurers and some politicians propose in the name reducing medical costs is not tort reform. It’s claim suppression. A genuine effort at reforming how medical malpractice claims are handled would include reforming the entire system, but tort reformers speak only of capping damage awards and attorney fees, which will benefit only providers and their insurance companies. Patients will be harmed by the change. (Note: my firm doesn’t handle medical ...

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