Anyone know a good tort attorney? Where is John Edwards when you need him? 'Leading Conservative Activist Seeks Punitive Damages' is the title of this illuminating article in the American Constitution Society Blog.
Judge Robert Bork, one of the fathers of the modern judicial conservative movement whose nomination to the Supreme Court was rejected by the Senate, is seeking $1,000,000 in compensatory damages, plus punitive damages, after he slipped and fell at the Yale Club of New York City. Judge Bork was scheduled to give a speech at the club, but he fell when mounting the dais, and injured his head and left leg. He alleges that the Yale Club is liable for the $1m plus punitive damages because they "wantonly, willfully, and recklessly" failed to provide staging which he could climb safely.
Judge Bork has been a leading advocate of restricting plaintiffs' ability to recover through tort law. In a 2002 article published in the Harvard Journal of Law & Public Policy--the official journal of the Federalist Society--Bork argued that frivolous claims and excessive punitive damage awards have caused the Constitution to evolve into a document which would allow Congress to enact tort reforms that would have been unconstitutional at the framing:
Read what Bork wrote in turquoise in the full article.
Now maybe George W. Bush, another celebrated conservative tort reformer, will take note and sue the caterer of the G8 summit or the brewer of the 'non-alcoholic beer' he drank for the stomach bug he received there....
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