I’d really appreciate it if you could post for us your research tracing the emergence of torts in Anglo-American jurisprudence. I didn’t think torts were medieval, unless the medieval period ended more recently than I was taught.
Um, he said it is medieval in concept. Something can be invented today and medieval in concept. Let’s not nitpick silly things.
OK Robb, I know squat about this subject, but a very brief search that the law has its roots [warning - PDF] in “England in the thirteenth century”, and that the word itself is derived from “Middle English, injury, from Old French, from Medieval Latin tortum, from Latin, neuter past participle of torqure, to twist”.
Sounds Mediaeval to me. 
Regarding the comment about such cases wasting public money, driving the legal system into the ground, etc, wouldn’t it be just as true to see these frivolous lawsuits as wealth-creation, funding lawyers, judges, court-building, and hundreds of ancillary staff? Litigation is your duty!
And isn’t it common for the losing party to have to pay the costs for a case, including for court time? Or does that not cover all expenses?
(Disclaimer: I am the child of lawyers.)
>> wouldn’t it be just as true to see these frivolous lawsuits as wealth-creation, funding lawyers, judges, court-building, and hundreds of ancillary staff?
I guess then criminals create more jobs for police and lawyers and courts so we should encourage crime.
Out of curiosity, what’s the law regarding awards for (presumably) dead pets in California? In Wisconsin this suit would go nowhere. The WI supreme court ruled earlier this year that pet owners could not collect damages for such things as emotional distress or loss of affection arising from even intentional killing of the animal. Guy shot and killed his neighbor’s dog and the court limited her recovery to the replacement cost of a similar dog.
<<And isn’t it common for the losing party to have to pay the costs for a case, including for court time? Or does that not cover all expenses? >>
Yes it is, in the UK, but not in America. This is called the “English rule” over here. Tort reformers have tried to get it adopted, but without success.
<<wouldn’t it be just as true to see these frivolous lawsuits as wealth-creation, funding lawyers, judges, court-building, and hundreds of ancillary staff? >>
Wealth-redistribution, more like. The public pays all these costs, in the form of higher prices for goods and services.