| Commercial litigation in the 21st century is fraught | | | | decision he stated the wrongful death and negligent |
| with peril. Made increasingly complex and high-risk by | | | | claims, no matter if proved, were insufficient. |
| a borderless world economy, businesses can be | | | | Courts routinely find "good faith - bad faith" legal |
| brought before almost any court at any time; | | | | arguments to be a yardstick designed to exonerate |
| although in an increasingly corporate-friendly United | | | | a company from bearing any responsibility in even |
| States, the outcome against many accused | | | | the most grotesque and blatant instances; insurers |
| corporations is not likely to be consumer-friendly, a | | | | typically seek to compound this injustice, if one |
| few sensationalized cases notwithstanding. Since the | | | | exists, by reiterating such arguments. |
| early Reagan years, rights for individuals have often | | | | In Connecticut, trial lawyers are lobbying for legislation |
| been abridged or eliminated in the arena of the U.S. | | | | that would make it easier for consumers rather than |
| court system, while safeguards for companies, | | | | insurers in such cases. In that New England state, |
| especially the largest in operation, are more likely to | | | | only the insurance commissioner and attorney general |
| be upheld. While class action and multi-district litigation | | | | are able to bring an action under CUIPA - the |
| cases are at an all-time high, only a select few are | | | | Connecticut Unfair Insurance Practices Act. Robert I. |
| actually settled before juries. | | | | Reardon Jr., a New London-based attorney, perceives |
| All too often, courtroom outcomes seem stacked | | | | it this way. "Consumers are tired of big business |
| against the consumer. For instance, a Federal Judge | | | | treating them poorly. People want to be able to |
| dismissed all claims for damages brought by victims in | | | | assert their rights." |
| the August 27, 2006, Comair (Lexington, KY) plane | | | | The insurance industry is anything but eager to let |
| crash, despite evidence to the contrary; in his | | | | that happen. |