Forty years ago, there were no lawsuits over hot coffee. Such claims were tossed out long before a jury was selected because judges acted as gatekeepers. Today, judges are reluctant to take on this role; they act more like referees. Any claims that can make it over a low threshold of conceivability can go before a jury.
- Philip K. Howard, "Put the Judges Back in Justice, New York Times editorial page, 4/3/95.
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