Just like in small-town coal country, business interests find people and institutions they can't control to be a nuisance. And nothing bugs them more than having to answer to ordinary citizens sitting in judgment of them as jurors.So their strategy — not just in Ohio, but nationally — is to remove an important part of juries' traditional power to dispense justice in civil cases.
That's what "tort reform" is all about — at least in the radical form Republican state senators are expected to roll out this week.
This editorial discusses something not often discussed: the delay factor in how defendants litigate cases:
If these ideas are adopted, no defendants will be in a hurry to take responsibility for their mistakes. Why should they? There's no downside to duncing around injured parties for a couple of years. In fact, that's a smart business calculation under tort reform. Maybe the victim will get tired and settle for less.Anyone who thinks corporations and their lawyers won't take full advantage of tort reform's money-saving tricks — including delay, delay, delay — is kidding themselves. Risk of larger liability and fear that a jury could be offended by a company's carelessness or misconduct encourages offending parties to be reasonable. This version of tort reform removes that pressure.
An excellent point, highlighting a facet of litigation not generally recognized or understood by the public -- delay is usually a deliberate tactic by the defense, in the big cases especially.
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