June 12, 2007

Tort Reform - For Everybody But The Champions Of Tort Reform?!

We have spent many years handling personal injury and wrongful death cases for Alabama residents and have often heard the tort reform zealots bemoan "big lawsuits". When we read in the Legal Juice this story about former supreme court nominee and tort reformist Robert Bork, it did not surprise us - see he is suing over a slip and fall for over one million dollars plus the "horrible" punitive damages!

We have often observed that those who preach the loudest against tort reform (insurance companies, executives, etc) will sue in a heart beat if they feel anybody has "done them wrong".

Read the full story here which also contains the complaint filed this month. The irony is so thick you can cut it....

PS - read here for a fascinating discussion among tort reformists arguing over whether Bork's suit is an embarrassment or not to those attacking plaintiff's attorneys and anyone who files a lawsuit. Its good stuff.

Final PS - we certainly sympathize with Bork's injury and don't begrudge him the right to seek justice before a jury.... we just wonder if now perhaps he is more sympathetic to those normal people who are hurt or cheated.... Time will tell....

May 11, 2007

What Do Threats Of Lawsuits By KFC in England Have To Do With Alabama Consumer Lawsuits?

This fascinating post on the Consumerist caught my eye. Here's a brief excerpt to give you the flavor of this story:

Do not be so bold as to name a menu item "Family Feast," even if you sell the item once a year on Christmas and you own a tiny pub on top of a remote mountain in England. What? Didn't you know that KFC's trademark applies to people who live on top of mountains and own pubs and have their picture taken with sheep wandering around? Tracy Daly is such a person, and she has received a very serious legal threat from KFC over an item on her menu called, "Family Feast."

I first thought it was just a silly story about a trademark dispute. Then the more I thought about it, the more it represented to me the problem with a lot of large companies. They don't mind suing on what seems to be incredibly stupid things like this but when consumers who are the victims of Identity Theft, or inaccurate credit reports or victims of harassing debt collectors, the companies sued start sputtering about frivolous lawsuits and how consumers suing will bring down the economy.
Leaves a bad taste in your mouth, doesn't it?