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
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