Ordinary plaintiffs can win court access and partial redress against corporations
Evidence
For the most part, the plaintiffs were persons of moderate means who had suffered health problems that they attributed to the negligence of large corporations. Yet these plaintiffs were able to secure legal counsel, to gain a hearing for their claims in the courts, and to obtain at least some redress for their suffering—in short, to gain access and secure some measure of justice. — G. Alan Tarr, Judicial Process and Judicial…, 2164
Categorization
- XREF: Speaks to the course’s foundational value of access to justice as a measure of whether the system works. — connects to: Contingent fees expand ordinary citizens’ access to civil courts. — G. Alan Tarr, Judicial Process and Judicial…, 745; Civil justice’s core challenge is ensuring ordinary citizens can access courts — G. Alan Tarr, Judicial Process and Judicial…, 1045; Supporters can accept a trial’s legality while contesting its justice — Julia Stephens, The Phantom Wahhabi: Liberalism and the…, 185 (+16 more)
Broader Connections
- Supporters can accept a trial’s legality while contesting its justice
#complicates(0.95) — Julia Stephens, The Phantom Wahhabi, 185 - Enterprise liability lets unidentified-product plaintiffs recover by market-share apportionment
#qualifies(0.95) — G. Alan Tarr, Judicial Process and Judicial…, 3464 - Ordinary jurors hold the fate of giant corporations in American courts.
#expands(0.90) — , Harr Jonathan - A Civil Action, 2319 - Contested small claims cases are usually brought by individual plaintiffs, not businesses
#corroborates(0.85) — Lawrence M. Friedman and Grant M. Hayden, American Law, 294 - Where a case is heard shapes who can win it.
#complicates(0.85) — G. Alan Tarr, Judicial Process and Judicial…, 328 - Under Citizens United logic only corporations merit full legal rights
#complicates(0.85) — Grant Bollmer, Katherine Guinness, The Influencer Factory, 386 - Corporate defendants fear settlements will invite copycat lawsuits, not just cost money
#expands(0.85) — Jonathan Harr, A Civil Action, 2594 - The right to be sued gives one power to make credible promises
#qualifies(0.85) — Thomas C. Schelling, The Strategy of Conflict, 113 - Forum choice between state and federal courts favored corporate defendants
#complicates(0.80) — Lawrence M. Friedman, A History of American Law, 2378 - Litigated cases self-select to those where both sides have plausible legal arguments
#complicates(0.80) — Frederick Schauer, Thinking Like a Lawyer, 253 - Corporations are reframed as a disenfranchised minority deserving rights
#complicates(0.80) — Wendy Brown, Undoing the Demos, 336 - Since 1886 US courts have treated corporations as constitutional natural persons.
#complicates(0.80) — Winona LaDuke, All Our Relations, 981 - Verdicts yield leverage over corporate defendants even when legally disappointing
#expands(0.80) — , Harr Jonathan - A Civil Action, 2455 - Supreme Court decisions establish broad legal standards, not just case outcomes
#complicates(0.75) — G. Alan Tarr, Judicial Process and Judicial…, 951 - Corporate attorneys harnessed the Fourteenth Amendment to strengthen business interests
#complicates(0.75) — Nikole Hannah-Jones et al., The 1619 Project, 551