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Tort Reform

Posted at 11:50am on Nov. 16, 2007 "A bout of gas or indigestion does not justify a race to the courthouse."

By Dan McLaughlin

Hoo boy. The DC Circuit this morning rejected a class action - filed by an M.D. - by people who drank milk before discovering they were lactose intolerant, demanding warning labels on milk:

Tort law does not provide protection from the obvious or "widely known" risks of consuming a particular food. The risk that some people will get gas after consuming certain foods, such as milk, is widely known. A bout of gas or indigestion does not justify a race to the courthouse. Indeed, were the rule otherwise, a variety of food manufacturers as well as stadiums, bars, restaurants, convenience stores, and hot dog stands throughout the country would be liable to millions of would-be plaintiffs every day.

Posted at 5:24pm on Apr. 23, 2007 My Retort on Torts

A Response to Ramesh Ponnuru

By Fred Thompson

“Adhering to the principles of Federalism is not easy. As one who was on the short end of a couple of 99-1 votes, I can personally attest to it.”

On April 20, Ramesh Ponnuru penned an article called “Thompson’s Tort Trouble.” While he referenced my conservative voting record he took issue with two instances when I voted against “tort reform.” He noted my stand on federalist grounds but thinks I must have a mistaken view of Federalism and that conservatives may want to ask me a few hard questions.

This hardly constitutes the stuff of a major dispute, but I would submit that the problem is not so much my mistaken view of Federalism as much as it is his lack of commitment to the principle. This presents conservatives with an opportunity to have a much needed discussion.

Please do keep reading . . .

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