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September 2014
Steven M. Goldberg
Dear Subscriber,

The right to a trial is America's great equalizer, protecting individuals from those with more power and influence. We should all be aware and concerned whenever this right is threatened, as we discuss in this month's issue of You Should Know.

Surgical Device Sparks Concerns over Risks
Concerns are mounting over laparoscopic power morcellators, bladed tools used to slice and remove uterine fibroids during hysterectomies and other gynecological surgeries.

An FDA committee met recently about the safety concerns involving the laparoscopic power morcellator's and seemed to reach a consensus that these devices cannot be used without posing a risk of spreading hidden cancer.

For more detailed information, click on MORCELLATOR LITIGATION CAMPAIGN (under THE DOCKET, above).

“Tort Reform” Threatens Our Constitutional Liberties

7th Amendment Liberties
The Seventh Amendment Guarantee: 
In suits at common law, where the value at controversy shall exceed twenty dollars, the right of trial by jury shall be preserved ...
Learn more.

“In suits at common law, trial by jury in civil cases is as essential to secure the liberty of the people as any one of the pre-existent rights of nature.” – James Madison

Wednesday, Sept. 17 marks the national celebration of Constitution Day, a time to recall the liberties our Constitution sought to protect, preserve and uphold. These fundamental rights are the glue that holds our nation together. Yet, many Americans aren’t aware that the Seventh Amendment, which guarantees our right to a trial by jury in civil cases, is currently under attack. Advocates of “tort reform” are pushing for an overhaul of our civil justice system, which would change centuries-old common law and is in stark opposition to the vision of our Founding Fathers. Here are 10 conversations You Should Know to defend your rights. Read on. >>>

The most recent statistics available show that personal injury trials are not clogging up the nation’s district courts, dropping by 79 percent from 3,604 cases in 1985 to 800 cases in 2003.

Source: Federal Tort Trials and Verdicts, 20022003, Bureau of Justice Statistics
In 2003, Texas imposed an historic $250,000 cap on damages for medical malpractice cases in part to rein in health care premiums. Yet, premiums for family health insurance in Texas rose 51.7 percent from 2003 to 2010.

Source: A Failed Experiment (2011), Public Citizen (download)

Vs. 10%


More than 75 percent of contracts at 190 well-known companies force customers to accept one-sided arbitration clauses rather than allow complaints to go to court. But only 10 percent of the same companies agreed to arbitration clauses in their contracts with other companies.

Source: Mandatory Arbitration for Customers But Not for Peers (2008): Judicature (download)

Debunking Myths Goal of TortReformTruth.com

TortReformTruth.com says insurers, big tobacco and Fortune 500 companies benefit the most from “tort reform” because such measures insulate corporate profits from lawsuits while shell groups hide the truth from the American people.

Journalists Expose Campaign to Curtail Your Rights

Journalists at the Center for Media and Democracy discovered that global corporations and state politicians are working together on “model” legislation that curtails our rights while benefiting corporate interests.

National Celebrations Planned for Constitution Day Sept. 17

Join the National Archives in Washington, D.C., and the National Constitution Center in Philadelphia in celebrating Constitution Day on Wednesday, Sept. 17. Learn more about the U.S. Constitution through public programs, family activities and online resources.

What Do You Think?

Were you aware that the Seventh Amendment is under attack? Share your thoughts and you could score a free iPod shuffle! And check out the results of last month’s Justice Served survey.

Visit now

Conservative Opposes “Tort Reform” Movement

Andrew Cochran, editor of the 7th Amendment Advocate, calls “tort reform” the 30-year war on individual rights and urges conservative opposition.

Listen now

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