{"id":2335,"date":"2011-04-01T15:09:34","date_gmt":"2011-04-01T19:09:34","guid":{"rendered":"http:\/\/sidebarforplaintiffs.naomifein.net\/?p=2335"},"modified":"2015-01-10T15:30:12","modified_gmt":"2015-01-10T20:30:12","slug":"another-why-we-dont-need-tort-reform-story","status":"publish","type":"post","link":"https:\/\/sidebarforplaintiffs.naomifein.net\/?p=2335","title":{"rendered":"Another why-we-don’t-need-tort-reform story"},"content":{"rendered":"

Today, from the invaluable Daily News<\/em> (who else would report this stuff?):<\/p>\n

NY state appeals court rejects lawsuit against funeral home that misplaced Harlem woman’s ashes<\/a>.<\/p>\n

Once again, I point out that “tort reform” is built into our civil justice system. As the Appellate Division judges said, “Merely causing doubt in the plaintiff’s mind regarding whether particular ashes are those of her loved one, without more, is not actionable.”<\/p>\n

So, yes, anyone can sue anybody for anything. But anyone can also get her case dismissed.<\/p>\n

I wonder whether the plaintiff’s lawyer took this one on a contingency basis. If so, not only his client lost.<\/p>\n","protected":false},"excerpt":{"rendered":"

Today, from the invaluable Daily News (who else would report this stuff?): NY state appeals court rejects lawsuit against funeral home that misplaced Harlem woman’s ashes. Once again, I point out that “tort reform” is built into our civil justice … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[337],"tags":[265,41,247,3],"class_list":["post-2335","post","type-post","status-publish","format-standard","hentry","category-legal-news","tag-tort-reform","tag-legal-causes-of-action","tag-legal-contingency-cases","tag-understanding-lawsuits"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\t