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Vested Interest - Trends - June 1998 Issue

June 1998 Issue > Torts > Trends

Skepticism About Bigness

A Gallup/CNN/USA Today poll of 1,007 adults nationwide asked how people felt about mergers between big corporations. A majority (51%) said they thought the government ought to do more to stop such mergers, while 40% thought the government should allow them to happen. A stronger majority (54%) thought such mergers were generally bad for consumers, and an even stronger majority (58%) thought that such mergers between large banks were bad for consumers. Just a third of respondents thought mergers were good for consumers. (The Polling Report)

Polling to Cambodia

An Institute of France Statistics survey of 2,284 adult Cambodians found that 34% favor a change in the country’s leadership. Support for the current government was much lower, and a solid 60% gave no opinion. Cambodia, a country the size of Missouri, has seen tens of thousands killed in violent civil war for most of the last two decades. Most citizens are unwilling to talk politics with pollsters. (Kyodo, May 19, 1998)

Strong Public Support for HMO Liability

A survey conducted by Penn Schoen & Berland for the American Psychological Association found overwhelming support for changes to federal law to hold managed care entities liable for health care decisions. Under the 1974 ERISA statute, individuals may not sue to challenge the denial of care. The poll found that 77% of adults nationwide support changes to ERISA to allow such lawsuits. Another 74% said they would not choose to join a health care plan if they knew that they would not be able to hold it accountable for errors in treatment. The APA supports passage of the Patient Access to Responsible Care Act (PARCA). (PRNewswire, May 7, 1998)

Getting Away From It All

The American Automobile Association has released estimates of the cost of a vacation for a family of four in all 50 states. They project that the cost of a vacation will increase nearly 10% over last year. The most expensive vacation destination was Hawaii, at $383 per day, including travel, accommodations and meals, followed by New York ($330), Massachusetts ($300), Louisiana ($284), and New Jersey ($268). Cheapest states include Iowa ($155), Kansas ($152), Nebraska ($145), South Dakota ($138), and North Dakota ($131). The auto club estimates the price of gas will be about 10% below last year’s levels. (Reuters, May 15, 1998)

Race in the Office

A survey of 500 blacks and 500 Jews co-sponsored by the Foundation for Ethnic Understanding and the New York Board of Rabbis found strong cross-support between blacks and Jews. Better than two-thirds (69%) of Jews and 59% of blacks thought that the two groups "should form a partnership to work on civil rights." Slightly smaller shares (43% of Jews and 54% of blacks) thought relations between blacks and Jews had improved, while just 17% of Jews and 14% of blacks saw deterioration. The survey also noted that Jewish CEO’s are more likely to promote blacks within corporations than non-Jewish CEO’s. (Chicago Tribune, May, 1998)

57 Channels and Nothing On

A survey by Statistical Research Inc. gauged what TV viewers are doing while watching TV. They found that 70% are doing more than just watching. Nearly 1 in 5 prime time viewers is also reading a book or magazine. Slightly less common activities include cleaning, eating, and napping. Viewers are most likely to focus on the program in prime time, when they’re watching in the living room (as opposed to the kitchen) and when they’re alone in the room. As more households have more than one TV, viewers have more discretion over what they watch, and are more likely to pay attention, the researchers found. (Chicago Tribune, May 1998)

NEW DRAM SHOP LIMITS

The changes to the dram shop law will raise the current limits of $30,000 for personal injury or property damage and $40,000 for loss of support to new levels of $45,000 and $55,000, respectively. In addition, there can be recovery for loss of society up to $55,000. However, a plaintiff can only collect either loss of support or loss of society, but not both. Also, starting on January 20, 1999, the limits of $45,000 and $55,000 will be increased annually by the percentage increase in the Consumer Price Index. Over the past 10 years these increases have averaged 3.65% per year. This applies to causes of action accruing after July 1, 1998.