Presidential Candidates and Tort Reform - Free Analysis Now Available

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An analysis of presidential candidates regarding tort reform is now available from Clifford Law Offices, free to the public. A partial abstract is included, with link to full article.

Clifford Law Offices provides useful information to the public because we think this helps people understand their options under the law

An analysis of presidential candidates regarding tort reform is now available from Clifford Law Offices free to the public. A partial abstract follows:

For the first time in history, the Illinois presidential primary will be held this month. As voters ready to head to the polls Feb. 5, I researched the tort reform positions of some of the candidates at this early point in the race and report them here. For the most part, opinions on damage caps are split along party lines, with Democrats generally voting against arbitrary monetary caps.

It's safe to say that Republican candidates stand shoulder to shoulder on the issue of tort reform. Analyzing any nuances in their position - such as former senator Fred Thompson's mixed voting record promoting a hands off federal government and stronger states' rights - would be a pointless exercise. Instead, I will focus my column on the major Democrats in the race.

Sen. Barack Obama (D-Ill.) has told audiences of which I have been a part, that he favors protecting victims' rights in court, yet, shortly after becoming a U.S. senator, he voted in favor of the Class Action "Unfairness" Act. That law, signed by President George Bush in 2005, limits victims' rights in possible class-action lawsuits and requires many types of cases to be heard only in federal court, shutting out state court as a possible option. Furthermore, Obama's vote in favor of caps on non-economic damages in medical malpractice cases while in the Illinois General Assembly also is troubling.

Sen. Hillary Clinton (D-N.Y.) has stated her alliance with trial lawyers and victims of malpractice, and her husband, the former president, was a stalwart supporting the civil justice system.

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Pamela Menaker
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