Brian S. Kabateck and Shant A. Karnikian have published an article in the Daily Journal titled “Short memories and bad optics: The coming tort reform challenge,” addressing critical issues facing the plaintiffs’ bar and civil justice system.
The article warns about the growing threat of tort reform efforts across the country, highlighting how corporations are using isolated examples of attorney misconduct to discredit the entire civil justice system. Kabateck and Karnikian point out that major companies like Uber are launching campaigns against personal injury lawyers not out of civic virtue, but as strategic PR moves to reduce their liability exposure and increase profit margins.
“This is not about protecting consumers or defending the integrity of the legal system,” the authors write. “This is a PR move by a massive corporation that would love nothing more than to discredit the civil justice system entirely.”
The piece examines how social media posts by some attorneys showcasing lavish lifestyles can fuel negative perceptions about personal injury law, playing into the hands of corporate defendants eager to push tort reform measures. The authors note that states like Texas, Florida, and Georgia have already enacted sweeping reforms that cap damages and limit attorney fees, disproportionately harming injured victims.
Kabateck and Karnikian emphasize California’s fortunate position in resisting these efforts, largely due to organizations like Consumer Attorneys of California. However, they warn that this protection is fragile and could be threatened if public perception shifts.
The article serves as a call to action for the legal profession to take accountability seriously and avoid giving corporations ammunition for their tort reform campaigns.
To read the full article, visit the Daily Journal (subscription required) website.