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Langton, Lynn and Dr. Thomas Cohen.
Civil Bench and Jury Trials in State Courts, 2005.
Bureau of Justice Statistics Special Report, U.S. Department of Justice (October 2008).
This report provides information and statistics available from the 26,950 civil cases (tort, contract and real property) that were disposed of by a bench or jury trial in 2005.
Cohen, Henry and Vanessa K. Burrows
Federal Tort Claims Act Congressional Research Service Report for Congress.
Congressional Research Service, 95-717 (December 2007).
This report on the Federal Tort Claims Act covers the Feres doctrine and medical malpractice, the discretionary function exemption, suits regarding atomic testing, the intentional tort exemption, suits against federal employees, and defense of government contractors.
Cohen, Thomas.
Appeal from General Civil Trials in 46 Large Counties, 2001-2005.
Washington, D.C.: Bureau of Justice Statistics (July 2006).
Highlights of the report include the fact that in 2001, litigants filed appeals in approximately 33% of product liability cases, and in 18% of medical malpractice cases; 43% of civil appeals were dismissed or withdrawn; and verdicts or judgments in plaintiffs' favor were reversed or modified more often than those favoring defendants.
Cohen, Thomas.
Federal Tort Trials and Verdicts, 2002-03.
Washington, D.C.: Bureau of Justice Statistics (August 2005).
This report includes plaintiff success rates by case type, and compares jury and bench trials.
Cohen, Thomas H.
Tort Trials and Verdicts in Large Counties, 2001.
Washington, D.C.: Bureau of Justice Statistics (November 2004).
This report provides a variety of tort case statistics: type of tort case, products liability suits, plaintiff's success rate, trial by judge or jury and median damages.
Cohen, Thomas H. and Steven K. Smith
Civil Trial Cases and Verdicts in Large Counties, 2001.
Washington, D.C.: Bureau of Justice Statistics (April 2004).
This report provides plaintiff success rates and median awards. The report indicates that of 11,908 trials, 66% were tort cases.
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Office of Legislative Research Medical Malpractice Reports.
Connecticut General Assembly, Office of Legislative Research.
A wide variety of reports dating from 2002 through 2005 regarding medical malpractice have been authored by the Connecticut General Assembly's Office of Legislative Research. Topics covered include comparisons of bills, limitations on expert testimony, damages caps, exemptions for physicians and reforms in other states.
Summary of Medical Malpractice Law.
McCullough, Campbell & Lane, Chicago.
This Web site indexes state medical malpractice laws. Topics covered include statutes of limitation, contributory or comparative negligence provisions, joint and several liability, contribution, vicarious liability, expert testimony, damage caps, statutory cap on attorneys' fees, periodic payments, collateral source rule, prejudgment interest, patient compensation funds, immunity and arbitration.
The Great Medical Malpractice Hoax.
Public Citizen Congress Watch (January 2007).
This report discusses the frequency, type and amount of medical malpractice judgements and other trends in medical malpractice litigation.
Vidmar, Neil, Ph.D.
Medical Malpractice and the Tort System in Illinois.
A Report to the Illinois State Bar Association (May 2005).
This report examines the incidence, frequency, verdict size and other aspects of the medical malpractice system in Illinois, concentrating on the counties of Cook, DuPage, Madison and St. Clair.
Carroll, James K., Linda A. Klein and Steven B. Lesser.
Report on Contingent Fees in Medical Malpractice Litigation.
Task Force on Contingent Fees, ABA Tort Trial and Insurance Practice Section (September 2004).
This report examines the relationship between contingency fees and medical malpractice litigation and includes proposals from the Medical Assocation and the Task Force regarding contingency fees.
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Kritzer, Herbert M.
Defending Torts: What Should We Know?.
Journal of Tort Law Vol. 1, Iss. 3 (2007).
This article examines the art of tort defense, including issues involving the relationship between the alleged tortfeasor, insurer, and defense lawyer; incentives faced by the parties; resolution of issues of liability, causation, and damages; different types of claimants; and the use of experts.
Faulk, Richard O.
Strategic and Scientific Considerations in Toxic Tort Defense.
South Texas Law Journal 26 (1985).
This article discusses pretrial considerations, common problems encountered in trial preparation, discovery strategies, common motions and practical considerations of cost control and administrative efficiency, which are especially crucial in toxic tort cases.
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Punitive Damages Reform.
American Tort Reform Association.
This resource discusses the history of punitive damages and proposals for reform, lists states with punitive damages limits and states that prohibit punitive damages, specifies evidence standards required, and provides other information related to punitive damage awards.
Hersch, Joni, and W. Kip Viscusi.
Punitive Damages: How Judges and Juries Perform.
Harvard-Olin Center for Law, Economics, and Business, Discussion Paper No. 362 (May 2002).
This article attempts to study the amounts that juries award in damages in civil cases versus judges. The piece uses a substantial experiment, finding that judges and juries do not differ substantially in the amounts of damages they give to the plaintiffs. The article finally discusses possible reasons for this finding, and decides that a new study may be needed.
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ATRA Tort Reform Record.
American Tort Reform Association (July 2008).
The Tort Reform Record is published in June and December of each year. It lists tort reforms enacted since 1986 for every state. Topics covered include prejudgment interest, class action, punitive damages, noneconomic damages, joint and several liability, collateral source rule, product liability, attorney retention sunshine, appeal bond and jury service reforms.
Medical Malpractice Tort Reform.
National Conference of State Legislatures (February 2007).
The National Conference of State Legistatures tracks state and federal legislative activity regarding medical insurance costs, lawsuits and tort reform. This site also includes links to a chart of the 2007 Medical Malpractice Liability Laws and a chart of the Medical Malpractice Tort Reform 2007 State Introduced Legislation.
Eaton, Thomas A., and Susette Talarico.
Toward Informed Policy Making: Tort Reform, Social Science, and Data Collection -- A Proposal for Georgia.
(1993).
This pamphlet begins by discussing the history of tort reform in the United States . The report continues to outline where the means of improvement should stem from, namely research in social science literature. Finally, the articles lays out its titular proposal for reform of the tort system in Georgia . (KFG195 .E38)
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