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CALmatters Commentary: California’s ‘tort wars’ flare up once again
Dan Walters: CALmatters Commentary
To Capitol insiders, the term “tort wars” is shorthand for decades of political wrangling over the rules governing lawsuits for personal injuries – who can sue and collect damages for which actions.
The rules are a mix of legislation and appellate court interpretations, and with untold billions of dollars at stake, lawyers who specialize in personal injury suits and their political allies, such as unions and consumer advocates, clash constantly with business groups and insurers.
The former seek to expand opportunities to sue and the latter resist such expansions and occasionally try to narrow the scope of liability.
In summary
“Tort wars” over the rules governing personal injury lawsuits in California are heating up again in the Capitol.
To Capitol insiders, the term “tort wars” is shorthand for decades of political wrangling over the rules governing lawsuits for personal injuries who can sue and collect damages for which actions.
The rules are a mix of legislation and appellate court interpretations, and with untold billions of dollars at stake, lawyers who specialize in personal injury suits and their political allies, such as unions and consumer advocates, clash constantly with business groups and insurers.
The former seek to expand opportunities to sue and the latter resist such expansions and occasionally try to narrow the scope of liability.
Delfino Farms opened in 1964. Its bakery sells warm goodies such as pumpkin pie, blackberry cheesecake and apple crisps. It’s an Apple Hill staple. Every year, like clockwork, sales tick up in October, its peak season. But 2020 was different. Crowds flocked to the farm in September, and as co-owner and General Manager Christine Delfino Noonan says, “Sales have actually been up. I think it’s because people feel safe. Everything we do is outside.” Delfino’s parking lot, which can accommodate 100 cars, filled up so quickly that she started charging for parking, hoping to thin the crowds and spread them to the off-peak season.
When newly elected Congressman Steve Kuykendall arrived in Washington, D.C. in January 1999, the Palos Verdes Republican made a point of visiting Tom DeLay as soon as possible. DeLay, a Republican from the Houston area then entering his eighth term in the House of Representatives, had served as the majority whip since 1995. In a legislature, the whip is responsible for ensuring that party members fall in line for upcoming votes. For those on the fence, DeLay would threaten to support primary challenges in an upcoming election, or to cripple a representative’s fundraising with unfavorable calls to influential donors. His reputation for intolerance of even occasional lapses earned him the nickname “The Hammer.”