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The U.S. Supreme Court will soon hear arguments in a case that tests a philosophical question at the heart of modern tort law: If the cost of pursuing a lawsuit exceeds its value to an individual plaintiff, is that a bad thing?
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If state suits were allowed, tort lawyers would argue the old product is defective.
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Tax cuts, tort reform and telecom deregulation--if passed--would set off a capital spending boom to shame the 1990s.
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"Even a company as big as BP can, and will, be driven into bankruptcy" if lawyers can convince judges to allow mass-tort lawsuits over, say, exposure to toxic chemicals in the oil, said Lester Brickman, a professor at Yeshiva University's Cardozo School of Law.
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In fact, if all they focus on are cheaper prices, the tort lawyers will have a field day with them.
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So if it's established that by working seriously on medical malpractice and tort reform that we can reduce some of those costs, I've said from the beginning of this debate I'd be willing to work on that.
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Publicizing private facts about people is a tort, she says, and companies can be held liable even if the victim hasn't suffered a monetary loss.
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If medicine truly moves to a team based approach, this should open the door to quality tort reform and shared responsibility of medical decision making.
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Moreover, these actions can trigger lots of other laws (particularly if botnets are involved), such as intellectual property, spam, fraud, contract, and tort laws.
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