One out of every two Americans will sue some-
one, sometime. Current estimates indicate that
few of us can get through life without consult-
ing a lawyer four or five times. Why are we so
litigious? What do these numbers reveal about
our national character?
Suing has become an American parlor game.
In this timely book a legal affairs journalist es-
corts us through the welter of cases that coal-
prise the annals of American litigation history,
and analyzes what is peculiarly American
about tile way we use our courts. The under-
lying motivations for suits, what the author
calls "the hidden agenda" of the litigant;.fall
rather neatly into five categories. We sue to
protest, to express grief, to effect social and
political changes, to gain vindication, to get
money, and to get even. We use not just the
outeome of the suit but the entire process of a
courtroom trial, with its incumbent drama and
publicity, to accomplish our various goals.
Marks illuminates the facts behind the most
telling eases of our time, some little known and
some celebrated: the Buffalo Creek dana di-
saster suit (grief), the Freddie Prinze suit
(grief), Karen Silkwood v. Kerr-McGee (politi-
cal change), the Reader s Digest and NBC
women s suit (social policy), Kent State (vindi- cation), and the "Streetcar Named Desire" suit
(getting money). Intriguing details about cases
such as Jane Fonda s suit against Richard Nixon
and the Miclaelle Triola Marvin suit emeerge to
exemplify how innate a part of our national
character is the whole notion of courtroom
confrontation, in which two hired guns fight it
out in a sort of modern-day O.K. Corral show-
down.
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