Tort Cases: Too Many or Too Little??

In tort cases, it is definitely more common to hear ridiculous cases like that of Judith Haimes. These types of legal escapades just serve as a catalyst for Americans to point the finger at greedy lawyers and roll their eyes as once again we complain of too many meaningless law suits. While these cases show the negative aspects of civil law, we rarely hear about the other side of the coin, or in this case, law suits like Paul Miller’s. Paul Miller, a man struck with bad luck, was nearly left homeless by the Bank of America. In this case, a large corporation was punished for their wrong doing in such a way that could actually benefit the everyday individual. It turns out that Paul Miller was not the only one suffering. The Bank of America was not only digging a hole for Paul, but also for many other “little guys.” The case could set a standard for future treatment of Social Security funds, yet the Class Action Fairness Act of 2005 will make it even more difficult for people like Paul Miller to have their day in court.


While I find cases such as Judith Haimes’ to be an embarrassment to not only civil law, but to the legal profession as a whole, I do admit that as Americans, we tend to look at only the negative aspects of law, rather than the positive. I liked Senator Frank E. Moss’s argument that despite the consumer’s “many rights in the law, he is often shut out of the courthouse by economic realities.” I believe Mencimer would have cringed to think that Judith Haimes had her case thrown out of court. I also think Haltom and McCann would have been disappointed with the Class Action Reform Act that was passed after Paul Miller’s case. All of the authors expressed the need for tort cases to be taken more seriously and no longer be scolded upon by the mass media as “ridiculous.” Legitimate tort cases deserve their time in the sun, and I would have to say several tort cases have helped set a public safety standard beneficial to society. At the same time, I do not oppose the Class Action Reform Act, because I realize that the majority of the time, tort cases involve money hungry individuals looking for somewhere to place blame. Civil law should be able to distinguish between the frivolous and the legitimate, in order to ensure that only cases of sound accusation be heard.