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From Booklist:

"By demonizing trial attorneys and exaggerating high-profile litigation awards--the famous McDonald's hot-coffee case--campaigns for limiting damage awards threaten to jeopardize the American right to civil jury trials guaranteed by the Bill of Rights. Investigative reporter Mencimer examines the Republican campaigns for tort reform that would protect large corporations from "frivolous lawsuits." The campaigns carry the dual benefit of supporting the interests of corporations that are major Republican campaign contributors and hurting trial lawyers, who are part of the contribution base of Democrats. Mencimer criticizes the media for their lack of understanding about civil litigation, willingness to swallow reports of litigation abuses, and failure to understand that Republican tort reform will also limit the ability of news organizations to sue for information. Drawing on national data and scrutiny of individual cases, Mencimer defends the civil justice system and its reliance on jurors, average citizens who are the same people who vote. This is an eye-opening look at an important issue for readers concerned with the civil justice system."

From an online reviewer:

"Stephanie Mencimer brings several things to light:

1) A civil trial by jury to redress wrongs is a constitutional right that is being eroded through tort reform, which now protects business more than the consumer or citizen.

2) Lawsuits are almost always the only way that corporate negligence ever receives public attention.

3) The companies that are being sued are the ones that require the most oversight, get the least, and are the most deserving of being sued.

4) Many of these corporations such as tobacco, asbestos, drug and auto companies are pouring billions of dollars into legislation that will cap awards, limit product liabillity, and limit lawyer fees making it nearly impossible for citizens to go to trial for their negligence or crimes.

5) Most of the outrageous cases we hear about never really existed e.g. a 400 lb. man who sued a ladder company when it fell apart, or the man who supposedly tried to trim his hedges with his lawn mower. All made up!

6) Lawsuits have actually decreased over the years as well as awards.

7) This is the real topper. The tort reform campaign has been hugely successful in getting Americans to vote in favor of legislation that will restrict or end their rights if criminal or negligent executives harm them. This massive lobbying effort has gotten mostly everyone to believe that it will not affect their day in court, when in fact they are voting their own rights away.

8) Guess which politician is one of the most industry and tort reform friendly. I won't say his name, but he's President of the United States.

9) There's always been a check on frivolous lawsuits. It's called a judge.

Thanks to lawsuits, we can now enjoy a company's coffee at 140-150 degrees. (After all, you deserve a break today!) We learned that certain drugs were dangerous, and that we now have auto recalls. Do you think any of these changes would have happened had there been limited liability?

There's one other very profound observation found in this book. How is it we can trust many un- or ill-informed Americans to vote in national and local elections, but want to restrict twelve fairly well-informed Americans from voting in a jury box?

Don't we trust our fellow Americans?

Please read this book."

Another online reviewer:

"Excellent, well researched and entertaining (in the sense that a horrifying automobile accident fascinates...). The sad part about this book is that the horse is already out of the corral when it comes to the individual's access to a fair and just legal system. The deck has been stacked by near infinite piles of corporate cash but the average citizen has yet to take notice. Perhaps this book can help start the pendulum swinging in the direction of "justice reform.""




BUZZFLASH REVIEWS