The Oklahoman

Tort-reform advocate criticizes system
August 21, 2003

By John Greiner

Trial lawyers and their clients are filing multimillion dollar lawsuits because they can't persuade state legislatures and Congress to make changes they want, an advocate of tort reform said Wednesday.
Walter Olson, called by Investor's Business Daily a leading authority on over-litigation, spoke about these kinds of lawsuits Wednesday at the Oklahoma Council of Public Affairs summer series in Oklahoma City.

Tort reform involves such things as limiting liability in some areas and placing caps on certain damages in lawsuits.

Olson, who lives in a suburb of New York City, is an author of many articles and books including "The Rule of Lawyers."

Lawsuits filed by trial lawyers include ones against the tobacco industry and gun manufacturers, he said.

Trial lawyers years ago also filed lawsuits against companies that made lead-based paint and companies that make cell phones, but they haven't been very successful, Olson said.

Trial lawyers also have filed lawsuits against health maintenance organizations, he added.

This is like a de facto fourth branch of government, he said of this type of lawsuits filed by trial lawyers.

A Mississippi lawyer who was in the tobacco lawsuits is best known as a lawyer involved in reparations for slavery, Olson said.
Trial lawyers teamed up with environmental groups to file lawsuits because they couldn't get action in Congress, Olson said.

The idea behind filing a lawsuit is to negotiate a settlement rather than go to trial, he said.

Olson said someone asked President Clinton about lawsuits against gun manufacturers a few years ago, and Clinton said the lawsuits were just to get the defendants to the table.

In some of these lawsuits, attorneys have been able to get public officials on their side, Olson said. Examples are the tobacco lawsuit that involved the states' attorneys general and gun lawsuits that involved mayors of some cities.

He said defendants never get a chance to go to trial because the cases are intended to be settled.
These lawsuits are "end runs around legislatures," Olson said.

After his speech, Olson said tort reform must be made across several areas rather than just in a few areas of law involving lawsuits.

In Texas, tort reform addressed class action lawsuits, limiting damages and medical malpractice, he said.

Last session, Oklahoma tort reform legislation was passed in an effort to halt increases in medical malpractice insurance. The legislation placed limits on medical liability in some areas.
Some legislators said it didn't go far enough.

The Oklahoma law placed a $300,000 cap on noneconomic damages in medical liability cases involving pregnancy, including labor, delivery and the immediate post-partum period, and emergency care and follow- up care to emergency health care services. Noneconomic damages include issues such as pain and suffering.

©2003 The Oklahoman