1. Tort Reform has long been a hot topic in the United States. Take a look at th

Question

1. Tort Reform has long been a hot topic in the United States. Take a look at the American Tort Reform Association website on the Learning Activities page and find a recent initiative (within the past year) that they have been involved in through legislative action. Explain what the legislative reform accomplished and what state enacted the reform measure.

2. In 2000 Firestone tires had a major problem on their hands, several of their tires were exploding while being driven, causing serious injuries and death to its customers. In fact on May 2, 2000 the National Highway Traffic Safety Administration opeed an investigation into Firestone tires based on reports of tread separation on some of its tires. At that point, the agency had received 90 complaints, including reports of 33 crashes resulting in 27 injuries and four deaths. Answer the following based on your independent research on the Firestone case:

a. What type of tort claim would an injured or deceased party pursue against Firestone?

b. What is the goal of tort law and how does it apply to the Firestone case?

c. Think back to the Ford Pinto case, how is the Firestone incident similar; and how did Firestone confront the issue once it was discovered?

d. If you worked for Firestone what defenses would you claim?

3. You work at a local electronics store, Electronics Warehouse. While you are working you spot a customer who appears to place something into their backpack (which you think is an item they haven't paid for). Before they exit the store you yell "STOP THAT THIEF" and another employee tackles the customer at the exit. When the customer is tackled he injures his knee and is spotted by his current boss. You and the employee escort the customer back to the security office and rummage through his backpack, but unfortunately you don't find any evidence that something was stolen, so you release the customer and apologize for the mix-up. The next day the customer returns to his job and his fired for being "a thief" by his boss who witnessed the events at the electronics store the day before.

a. Explain in detail what tort theories the customer can sue the Electronics Warehouse. Would he be successful?

b. Can you or the other employee be sued for a tort? If so, what tort(s)?

c. What defenses would the Electronics Warehouse raise? Would they be successful?

Explanation / Answer

1- Recent initiatve taken by American Tort Reform Association is on "Asbestos Trust Transparency " which requires a plaintiff, at least    180 days before the initial date set for the trial in an asbestos action, to give the court and all parties a sworn statement that an investigation had been conducted and all asbestos trust claims that the plaintiff could make had been completed and filed. The following state have legilated on the issue

-Michigan

-Kansas

-North Dakota

-Mississippi

-Lowa

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