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In the past three decades, a mounting wave of litigation has swept the United States, prompting Newsweek to describe America as “lawsuit hell.” Fear of litigation has reduced innovation, menaced the health-care industry, driven manufacturers out of lawsuit-prone specialties,...
A recent paper by professors Paul H. Rubin and Joanna M. Shepherd of Emory University School of Law provides striking and counterintuitive evidence that tort reforms at the state level contribute to a decrease in accidental deaths. Rubin and Shepherd found that reforms such as capping noneconomic damages, requiring a...
Critics of the U.S. tort system often argue that the contingency fee system provides incentives for excessive litigation. Many of the criticisms and suggested policy reforms are based, however, on anecdotal evidence, rather than on systematic study of the contingency fee system. While capping contingency fees is still one...
Claims of a medical malpractice crisis stem in large part from recent increases in malpractice insurance rates, with premiums for some individual doctors set in the hundreds of thousands of dollars a year. Most doctors, actuaries, and insurance officials attribute these costs to the lack of caps on liability awards....
This study finds that contingent fees benefit plaintiffs and do not cause higher awards.
A new book from the AEI Press finds that contingent fees benefit plaintiffs and do not cause higher awards.
State tort law, not legislation, now produces the most serious impositions on interstate commerce and on sister states.
A conference addressed concerns that the unpredictable medical liability system serves as a drag on innovation and treatment, while not fairly compensating victims of malpractice.




