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November 28, 2007

The Rather Effect in Tort Reform

On the surface, Dan Rather's lawsuit against former employer, reports Joe Hagan in December 3rd NEW YORK Magazine, "is a mundane contract dispute over whether he received the airtime he was promised in his final year on CBS."  But to Rather it's a morality play of how evil attempted to destroy his good name, professionally and personally.  In this drama he is convinced good will win out.

But what could win is the common sense realization that it's reckless to try to right individual wrongs with monster lawsuits.  Tort reform could take a quantum and unanticipated leap. 

After all, this lawsuit is big.  Rather is asking $70 million.  He is suing CBS, its former parent Viacom, the chairman of Viacom Sumner Redstone, CBS head Leslie Moonves, and former CBS president of news Andrew Heyward.  And like everything else Rather it is filled with noise and hyperbole.  Conspiracy is everywhere. Likewise for corruption.

We know how these kinds of lawsuits tend to destroy people -think the Disney mess.  Rather will probably be the first man down, after making a total fool of himself. Already many of his allies have distanced themselves. 

Anyone will similar delusions of sticking it to the Establishment will probably see, perhaps for the first time in life, the total self-destructiveness of lawsuits. This might even get called The Rather Effect.   

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