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Roth moderates a three-way debate among Bert Sakuda, a plaintiff's attorney, Linda Gilchrist of the Hawaii Insurance Council, and Paul Carrington, a visiting law professor who spent many years as dean of Duke University School of Law. Sakuda and Gilchrist disagree throughout: Gilchrist argues that growing litigation and unpredictable jury awards have made the United States uncompetitive, citing figures suggesting over half the price of some products goes to insurance costs. Sakuda counters that punitive damages arise in fewer than 1 percent of cases and that recent studies show the tort system reduces accidents by roughly 10 percent. Carrington, skeptical of both extremes, singles out FDA-approval immunity as one reasonable reform but doubts the Republicans' Contract with America proposals address the system's real flaws. The McDonald's hot coffee verdict — initially $2.9 million — anchors a sharp exchange about whether juries award excessive damages or whether McDonald's knowingly sold coffee at a dangerously high temperature. The guests find common ground only on the value of mediation and arbitration. Hawaii-specific issues include a Senate proposal for pure no-fault auto insurance and the dysfunction of the workers' compensation system.
Transcript
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