Re Those in favor of "tort reform"... | |
When non-lawyers write legal stories:
1. Is she suing Halliburton? Depending on the circumstances and the applicable law, employers are often not responsible for the criminal acts of their employees. Not mentioned in the story.
2. The arbitration agreement with Halliburton wouldn't prevent her from suing her attackers in civil court.
3. Arbitration judges often give out multi-million dollar verdicts. There was a recent one given in an arbitration against an HMO here in California. Arbitration does not mean the defendant wins as the story implies.
4. There are civil remedies for spoliation of evidence. That means losing documents or other evidence. It's a tort in an of itself. She could sue for that. Not mentioned in the story. | 
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