Tuesday, August 7, 2012
Max Kennerly debates tort reformer Ted Frank
Over at Litigation and Trial, Max Kennerly describes his on-going debate with tort reform advocate Ted Frank (here). I have always said that the goal of tort reform proposals is not to eliminate frivolous lawsuits but to regulate the valid ones; in other words, to make it more difficult (or impossible) for plaintiffs to bring valid claims or to reduce what they can recover if they can bring the claims. Using Frank's own replies to Kennerly's questions, Kennerly argues Frank's arguments can be reduced to the same principle: injured plaintiffs should always lose. Here is Ted Frank's reply to Kennerly.