Civil Justice
Did You Know...
- "tort reform" means limiting the rights and remedies of consumers against corporations and government who harm the public with wrongful acts?
- "tort reform" has been a systematic bail-out for negligent corporations who hurt people?
- Why should the rest of us pick up the tab (subsidize) the harms caused by big business?
- Everyone should be responsible for their own conduct -- whether individuals or businesses.
- Don't be too quick to give up your rights!
Colorado already has several mechanisms to deter frivolous lawsuits and dismiss them if filed?
- Colorado requires professional review before party can proceed on professional negligence suit? (Certificate of Review)
- A Colorado attorney can be sanctioned for filing a “frivolous, vexatious, or merit less” lawsuit? (Rule 11)
- A Colorado claim can be dimissed for lacking sufficient evidence to "state a claim" (Rule 12(b)(6))
- A lawsuit unsubstantiated by facts and evidence can be dismissed on summary judgment? (Rule 56)
- A lawsuit unsubstantiated by facts and evidence is unlikely to persuade a jury of peers? (Burden of Proof)
- A lawsuit unsubstantiated by facts and evidence can be removed from jury decision? (JNOV)
- A Colorado jury verdict that is unsupported by facts can be reduced by the judge? (Remittur)
- A party or attorney who files a frivolous lawsuit may have to pay fees & costs? (Judicial Authority)
Fact v. Fiction: Who is Filing Lawsuits? - Increase in Colorado business lawsuits from 1994 – 2003 = 15,851 (absolute)?
- Increase in business litigation adjusted for population growth (1994 – 2003)?
- Decrease in personal injury litigation adjusted for population growth (1994 – 2003)?
- Increase in Colorado personal injury lawsuits from 1994 – 2003 = 984 (absolute)?
- Median inflation adjusted award in tort cases $69,500 (1990 – 2003)?
Colorado has 48th lowest median award in nation? - Median inflation adjusted award in tort cases dropped 56.3% from 1992 – 2001?
- U.S. businesses file four times as many lawsuits as individuals represented by “trial lawyers”?
- Lawsuits between businesses have increased by over 15,000 per year from 1994 – 2003?
- Personal injury lawsuits have increased by 1,000 per year from 1994-2003?
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