The distinguished lawyer could not restrain himself. Even in the somber pages of the American Bar Association’s Tort & Insurance Law Journal late last year, his rage blazed and fulminated. Juries, he thundered, were more and more willing to accept scanty, insufficient evidence en route to awarding unmerited damages to undeserving plaintiffs.

This regrettable trend he attributed to “a decline in personal responsibility or accountability” and “the apparent inability of jurors in general to separate their feelings of sympathy for an injured person from the facts of the case.”

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