Andrew Cochran's Blog – May 2011 Archive (2)

Federal Tort Reform Bill is "Impermissible" Under Constitution

"Impermissible." That's the word used last week by pro-tort-reformer Ted Frank on the Point of Law legal blog to describe the Constitutional status of H.R. 5, the "HEALTH Act," designed to pre-empt most health care-related lawsuits around the country. His post conceding that Congress should not "impermissibly…

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Added by Andrew Cochran on May 31, 2011 at 1:49pm — No Comments

Conservative Trial Lawyers Use Lawsuits to Protect Free Speech, Religious Freedom, & Property Rights

I keep trying to tell Republicans that the Founding Fathers protected the unalienable right to a jury trial for civil suits, knowing that the civil litigation process could be employed to protect the other freedoms named in the Bill of Rights and prevent excessive use of governmental power. Several recent cases underscore that historical and Constitutional reality:

 

1. In Redding, CA,…

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Added by Andrew Cochran on May 10, 2011 at 9:00am — 4 Comments

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