A Tortuous Time for Nation's Legal System
A Conversation With Colorado Civil Justice League's "Lawyer of the Year" (2005) Lee Mickus
Recent class action excesses have prompted an overdue scrutiny of tort lawyers, their aggressive ways and the legislative efforts they have pursued which undermine a fair judicial system. According to a recent Wall Street Journal editorial, "[t]he depredations of the trial bar are legion. But sometimes a case is so exquisite in revealing the character of the modern tort industry that its details deserve national distribution." ("A Tort Riot," Wall Street Journal, 5/21/2007)
Take, for example, seat belt exclusionary rules that preclude a defendant from telling the jury about the belt non-usage of the injured plaintiff, even though virtually all states have mandatory seat belt laws. Likewise, in almost all states, a manufacturer can be subject to punitive damages despite full compliance with federal agency regulations. Equally as egregious is precedent, such as that set by the Florida Supreme Court, which precludes a defendant from explaining to the jury that driver negligence was the real cause of a crash.
Recently, Colorado Civil Justice League's "Lawyer of the Year" (2005) Lee Mickus, a private practitioner who specializes in the defense of manufacturers in product liability lawsuits, joined CFIF Corporate Counsel and Senior Vice President Renee Giachino for a general discussion of tort law and the offenses that are structured into the law.
What follows is the interview originally heard on "Your Turn - Meeting Nonsense with Commonsense" on WEBY 1330 AM, Northwest Florida's talk radio. ...[Listen to the interview here]