It is common to hear claims that tort law is undermining the ability of America to grow economically. Tort liability imposes costs on businesses, who complain about its detrimental effects on investment and innovation. While many of these reports are anecdotal, or even false, there is growing evidence on the economic effect of tort law. Tort reform proposals are pressed, and often passed, on th...

Investigations of the epidemiology of adverse events have advanced the safety of patients in hospital. These studies, however, were done in tort jurisdictions, where the fear of litigation may have inhibited frank and open discussion. New Zealand abolished tort liability in 1972, instead providing an administrative system of compensation without the need to prove fault. We analysed data on adve...

Thirteen states currently either mandate no-fault auto insurance or allow drivers to choose between no-fault and tort insurance. No-fault auto insurance requires individuals to carry personal injury protection (PIP) insurance that compensates them for economic losses sustained in automobile accidents, regardless of whoever is at fault, and prohibits individuals from suing for non-economic damag...

the doctrine of piercing the corporate veil fascilitated holding directors liable for corporate debt. nevertheless, the doctrine is not a seperate cause of action. directors are bound by fiduciary duty, duty of loyalty and duty of care and skill to the corporation and its shareholders. however, there is not such a contractual relationship between directors and creditors. thus, requiring directo...

Throughout its history, the jury has attracted both stiff criticism and unqualified praise, viewed by turns as an incompetent, naïve, and biased decision maker and as an astute repository of folk wisdom and common sense. Here, we examine how the American jury actually behaves in the tort cases that produce the majority of civil jury trials. The evidence shows that juries usually use reasonable ...

This paper considers the effect of tort liability reforms on medical malpractice and general liability insurance markets. The primary reforms analyzed were damages caps and other liability reforms. These reforms decreased premiums, reduced losses, and improved the profitability of insurance companies based on evidence using detailed individual company by state data from the National Association...