The public nuisance that is the plaintiff's bar

Americans are litigious people. The whole world knows it. And every year, the businessmen highlight the damage done by low legal standards and toothless punishments for lawsuit abuse that allow frivolous cases or dodgy legal theories to get in front of juries. (See sidebar.)

The abuse and overuse of our courts leaves the public paying a hidden lawyer tax through higher prices and fewer choices. Even a dubious slip-and-fall lawsuit can derail a small business because simply paying for a lawyer can take all the money that a mom-and-pop store has. They might have to shutter the store, or raise their prices and drive down wages. And such dubious claims are not rare.