Consumer Law

Arkansas Supremes Strike Down ?Tort Reform?

By Andy Hoffman

We could go on and on about how destructive, oppressive, and cruel it is to take away the legal rights of injured people, and goodness knows, we have.  But such measures are also unconstitutional ? at least according to many many state courts.

It?s against that backdrop that yesterday the Arkansas Supreme Court struck down two provisions in the state?s 2003 ?tort reform? law.

Without venturing too far into the legal weeds, the court struck down one provision, which allowed wrongdoers who are sued to point the finger at others who aren?t named in the suit (i.e., the ?don?t look at me, it was some other guy who isn?t here,? defense).  The court also disallowed a provision, which limited the kinds of evidence a court could hear, as constitutionally, those decisions are for a judge to decide?not a legislature.

Anyway, hooray for Arkansas Supreme Court?s ruling(!).

Full post as published by ThePopTort on May 01, 2009 (boomark / email).