The effort to rein in lawsuit abuse in the United States is a bit like the old arcade game "Whack-a-Mole." Just when you knock down one abuse, another pops up. This frustrating dynamic is the result of the creativity and political savvy of the class action and mass-tort trial bar -- whom we at the Manhattan Institute call Trial Lawyers, Inc. It's also the product of America's inverted legal federalism, in which the decisions of one state or local jurisdiction can dictate the terms of national commerce. ...
America's system of race-to-the-bottom, lowest-common-denominator legal rules is a clear impediment to our businesses' competitiveness. ... Progress, however, is still possible. Indeed, overall improvements in the American litigation climate over the last decade owe little to federal reforms, save the Class Action Fairness Act of 2005. Tort reformers will have to continue to work, as they have been, state by state -- hitting each mole, in turn, that rears its head.
Copland on magnet courts
- New Video: Manhattan Institute Event on Class Action Lawsuits
- New Podcast: Discussing arbitrary licensing laws
- Joe Nocera nails it
- New Podcast: Early tracking of shareholder activism in 2013
- Standard Fire v. Knowles
- New Report: Political Spending, Say on Pay, and Other Key Issues to Watch in the 2013 Proxy Season
- New Podcast: What's wrong with Dodd-Frank?
- LRANY on New York Trial Lawyers Association political spending
- The Philadelphia Story
- Shareholder activism: James Copland on 'This Week in the Boardroom'
- Cert grant in The Standard Fire Insurance Co. v. Knowles
- CLP Director James Copland in the Washington Examiner
- Lawyers and law firms contribute heavily to the presidential campaign
- New Podcast: Season-end report for the 2012 proxy season
Center for Legal Policy at the