On my show today, Stephanie Mencimer argued that we don’t need tort reform, and that the people pushing it have lied to you, using cases like the McDonald’s hot coffee suit as extreme examples.

She also claimed that the rise in medical malpractice premiums should not be blamed on lawsuits, that we don’t have a surplus of frivolous lawsuits in the US, and that class action lawsuits do help consumers even if they don’t seem to get a lot out of them. Mencimer also explained why “loser pays” doesn’t work, citing one state that instituted a “loser pays” legal system at the behest of doctors who, less than a decade later, begged that it be reversed because it was costing them more.

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