Tort Reform and the 2008 Election

Rob Curtiss
Rob Curtiss
Contributor
Posted by Rob CurtissDecember 07, 2007 3:49 PM
Tags: None

While it has been overshadowed by Iraq and immigration thus far, tort reform is sure to be a hotly disputed issue in the upcoming election. If we recall in 2004, questions were asked about tort reform in both the Bush-Kerry presidential debates and the Cheney-Edwards vice presidential debates. It will undoubtedly be a subject of debate this time as well, particularly in the head to head meetings between the Democratic and Republican party presidential candidates.

If you are interested in preserving your constitutional right to a civil jury trial, you should make it your business to learn where the various candidates stand on this issue. Generally, Republican candidates, congressional as well as presidential, are thought to be in favor of some type of tort reform. Many say they would like to limit the number and type of lawsuits being brought. A substantial number also believe that a jury's ability to award damages for certain kinds of claims should be limited or capped by congress or state legislatures.

Democrats, by contrast, are generally thought to be in favor of leaving tort cases in the unfettered hands of local juries. However, some Democratic presidential candidates, including former trial lawyers, John Edwards, support at least some tenants of tort reform. So the bottom line is that to understand the candidates position on tort reform you need to read what they've said thus far, or maybe, if you live in New Hampshire ask them yourself. For more on the 2008 election, go to: http://www.msnbc.msn.com/id/18296908/


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