The problem is the US court system which just allows crazy damages for anything...
For one thing, what does the US legal system have to do with a company where the governing law is Canandian?
Also, the McDonlads spill was not due to our court system, it was because of a stupid jury. The verdict was overturned on appeal. As for medical malpractice, health care costs have very little to do with medical malpractice suits (despite what Bush and the far right-winger are telling you). It has very much to do with the lack of health care insurance here in the US. And the "doctors make mistakes, so you should you should assume the risk" argument doesn't fly. How do you assume a risk when you don't know what the risk actually is? Am I to assume that the doctor was drinking the night before? Am I to assume the doctor will leave a surgical instrument in me?
As an attorney it dives me nuts when I hear Bush rant about tort reform, caps on punitive damages, and medical malpractice. Why, well because attorneys have to pay malpractice insurance too. Why should I have to pay premiums (that are nearly as much as the avg. medical) and not the doctors?
If I make an avoidable mistake I should be liable for the money I cost my client. If a doctor makes an avoidable mistake they should be liable for the loss of life! I'd suggest reading Grisham's new book "The Appeal" for a very real look at the tort system today in the US. And now back to the actual conversation about Canadian Copyright/Trademark law.