A. "Outrageous" awards.
i. Hypothetical.ii. Real-world examples.
C. The nature of the current tort system.i.ii.
iii. An appropriate remedy?
iv. Is there a tort litigation crisis?
D. What needs reforming?
II. Punitive Damages Caps.i. Punitive damages.
A. The nature and functions of Punitive Damages.
B. Punitive damages and tort reform.i. Supreme Court decisions regarding punitive damages.ii. Federal (congressional) attempts/proposals for tort reform.
a. Commom Sense Tort Reform of 1995 (Contract with America)
iii. State attempts at tort reform.
III. Punitive Damage Caps and its effect on access toa. Florida, Ohio, Nebraska, N.D., etc.
A. The basics of the modern contingency fee.
i. freedom to contract.B. How lawyers decide the fee arrangement for new clients/cases.ii. promoting progressive legislation.
C. Does the contingency fee give the disadvantaged access to the legal system?
D. Tort reform and its effect on access to the legal system; conflicting views.
i. Advocacy groups.
ii. Motivations (self-interest)a. National Association of Trial Lawyers.b. Tort Reform Advocates. (numerous).
IV. Conclusion -- Some proposals for change.iii. Deconstruction.