Film Notes

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Hot Coffee: Is Justice Being Served? Directed by Susan Saladoff

Background:

Analyzes and discuses so called "frivolous law suits" and the impact of tort reform on the United States judicial system. Discusses several cases and relates each to tort reform in the U.S.: Liebeck v. McDonald's Restaurants (public relations campaign to instigate tort reform); Colin Gourley's malpractice lawsuit and caps on damages; the prosecution of Mississippi Justice Oliver Diaz and judicial elections; Jamie Leigh Jones v. Halliburton Co. and mandatory arbitration.

Information about the absurdity of the Liebeck case: McDonald's had over 700 previous burn complaints, caused significant injuries to her thighs, groin and legs, the car was stationary when it happened.

Other facts about the Liebeck case: The jury had assigned 20% blame to Liebeck for actually spilling the coffee and 80% blame to McDonald's for ignoring consumer safety. Judge stated McDonald's had engaged in "willful, wanton, and reckless" behavior.

Colin Gourley would have relieved 5.6 million but because of Nebraska laws capping all damages will only receive 1.25 million. He suffered malpractice due to t Dr. Knolla not detecting a lack of blood flow to the placenta early on in routine checks. The issue that was brought up was that after the money runs out, he will need support for his entire life, the bill will fall on tax payer dollars instead of the wrongdoer (Dr. Knolla/Hospital) or insurance agencies.

Jamie Leigh Jones accuses fellow KBR employees of drugging and gang-rapping her on July 28, 2005, at Camp Hope, Baghdad, Iraq. She was misled about her living conditions when she went to stay there and was the only girl. She complained about receiving cat-calls and the company told her not to worry about it. She couldn't go to court against them because she had signed a mandatory arbitration clause.

Concepts:

Punitive Damage exist to change the behavior of the wrongdoer.

A tort is a harm.

Media Impact > Tort Reform (a way to limit consumers rights to go to court)

Types of Caps: Punitive, Non-Economic, and Total.

Caps challenge the determination of the jury

Questions and Discussion:

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