A. "Outrageous" punitive damages awards.
1. Hypothetical examples.
2. Real-world examples.
B. What
needs reforming?
1. Social perceptions.
2. Punitive damages.
II. Punitive Damages Caps.
A. The nature and functions of Punitive Damages.
1. An appropriate remedy?
2. Is there a tort litigation crisis?
a. Statistical data.
b. Fairness? Consistency.
i. Wide range of award amounts.
ii. Are juries out of control?
B. Punitive damages and tort reform.
1. Supreme Court decisions regarding
punitive damages / power to regulate.
2. Federal (congressional)
attempts/proposals
for tort
reform.
a. Commom Sense Tort Reform of
1995 (Contract with America)
3. State attempts at tort reform.
a. Florida
c. Nebraska
d. North Dakota
III. Punitive Damage Caps and its effect on access
to
attorneys and the justice
system.
A. The
use of contingency fee arrangements in tort
litigation.
1. Public Policy.
a. freedom to contract.
b. promoting progressive litigation.
B. How
lawyers decide the fee arrangement for new
clients/cases.
1. Gambling?
a. Risk involved / alignment of interests.
b. Do contingency fee arrangements correlate to work performed?
c. Do contingency fee arrangements correlate with risk of case?
2. Rule 11 / Frivolous lawsuits.
a. ABA Standards / Ethical conduct and considerations.
C. Does
the contingency fee give the disadvantaged
access to the legal system?
1. Tort reform and its effect on access
to the legal
system; conflicting views
a. Advocacy groups / Politics.
i. National Association of Trial Lawyers and others.
ii. Tort Reform Advocates.
2. Motivations
3. Deconstruction.
IV. Conclusions / proposals for change.