Monday, October 20, 2008

The King of Torts; by John Grisham.

This seems to flow naturally from another one that introduced the topic, but can be read on its own of course.

Torts and class actions are a feature of US legal system that is perhaps unique to the nation. It happens when there is a professional reason for suing a professional person or corporate, more often corporate, and involves several clients with major awards in dollars, usually from hundreds of thousands to millions.

If one such suit is awarded damages to the plentiffs in one state other many suits in all possible states will follow immediately, with many lawyers and law firms trying to trawl as many clients as possible. Often they spend major money in advertising for clients for this purpose and for other expenses, expecting to net a major share of award after a favourable judgement.

The defendents do their utmost, their vilest in implying that responsibility lies anywhere but with them, and spend major money in legal expenses. They do not lack money, obviously, and that is not the reason for the legal battle.

The legal battle is sheer about their denial of any responsibility on any level - legal, moral, social, whatever - and their assumption that their right to money is sacrosanct, no matter if they sell illness and addiction and death dressed up in glamourous advertising to people who simply do not know until it is too late. Suppression of any information about the damage their products cause is only part of it. A vicious attitude about not allowing any compensation to the damaged ot dying or bereaved ex-customers whom they made money from is often the major part.

The picture on the side of tort lawyers may not be pretty but it is often nothing compared to the other side. Few care about the real issue, the people and the scientific information that could help them survive, the social and moral responsibility that must translate into corporate and legal ones.

This is the ugly face - or at least, one of them - of the sytem usually only visible with a glamorous face. Grisham must be thanked often and deeply and profusely for exposing it on a wider level.