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Friday, June 08, 2007

Sometimes the jokes just write themselves, part II
Posted by Jill | 3:46 PM
Judge Robert Bork got a boo-boo -- and SOMEONE'S GONNA PAY!!!!!

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:


State tort law today is different in kind from the state tort law known to the generation of the Framers. The present tort system poses dangers to interstate commerce not unlike those faced under the Articles of Confederation. Even if Congress would not, in 1789, have had the power to displace state tort law, the nature of the problem has changed so dramatically as to bring the problem within the scope of the power granted to Congress. Accordingly, proposals, such as placing limits or caps on punitive damages, or eliminating joint or strict liability, which may once have been clearly understood as beyond Congress's power, may now be constitutionally appropriate.

Ted Frank, another leading proponent of tort reform, questions the merits of Judge Bork's claims:



I guess Robert Bork believes that when HE files a personal injury lawsuit, it is NOT dangerous to commerce.

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