On May 11, attorneys general from 21 states wrote to the Senate Judiciary Committee’s chair and ranking member, requesting federal liability protection to help mitigate the threat of frivolous litigation related to COVID-19. I am a defender of Common Law state tort liability, but I firmly agree with the attorneys general that immunity is needed. They can provide it themselves, though. Here’s why.
American Common Law tort is ideally suited to address types of injury repeatedly committed by man against man. Our system’s genius is its gradual, from-the-bottom, precedent-based approach to human behavior over extended periods of time. Alas, the pandemic doesn’t allow the Common Law’s accreted wisdom to prevail. That’s because the public health crisis is high frequency, high severity, and foggy.
Read Full Article »