|
|
|
Asleep on the Bench Granting legal protections to fast food vendors a mere sideshow
Las Vegas Review-Journal, March 12, 2004 A recent editorial in the Las Vegas Review-Journal endorsed Common Good's argument
that judges must act as gatekeepers, drawing the line on who can so for what.
The editorial calls recent legislation on fast food obesity suits a mere sideshow.
More fundamental reform is needed.
"[T]he fact that Congress felt it necessary to enter the fray -- to actually
prohibit certain types of laughable lawsuits from reaching a courtroom -- should
give pause to anyone who values common sense and personal responsibility."
Citing arguments made by Philip K. Howard, CG Chair, the editorial continues:
"[L]awsuits have ramifications that go beyond the welfare of the parties involved;
they affect all of society.
'By making people potentially liable for their negligence, law provides incentives
for reasonable conduct,' Mr. Howard wrote [in an October 22 Wall Street Journal
op-ed]. But, 'Allow lawsuits against reasonable behavior, and pretty soon people
no longer feel free to act reasonably.' And so we have playgrounds devoid of exercise
equipment, lest kids get injured, or communities closing swimming pools, in case
a patron happened to drown. . . .
Judges should not be afraid to dismiss a frivolous filing if its success would
lead to disastrous consequences for innocent parties ... and sanction the lawyer
who brought the complaint."
Click here to read the full editorial. | |
