Jan 29, 2013
A study published in Health Affairs found that the average physician spends 50.7 months—nearly 11 percent—of an assumed forty-year career with an unresolved, open malpractice claim.
Dec 13, 2012
California was named the #1 “judicial hellhole” in America by the American Tort Reform Foundation in its 11th annual Judicial Hellholes report.
Apr 16, 2012
A report written by Chapman University Law Professor Anthony Caso examines the "bounty hunter" provision of California's Proposition 65, an initiative approved by voters in 1986.
Feb 14, 2012
A study conducted by Vanderbilt University Medical Center researchers estimates that approximately $2 billion per year in unnecessary health care costs result from the practice of defensive medicine by U.S. orthopedic surgeons.
Sep 28, 2011
A new study published in the Archives of Internal Medicine highlights one troubling cause of rising healthcare costs: doctors providing more medical care than is necessary because they fear malpractice lawsuits.
Jul 11, 2011
A new study from Health Affairs finds that most medical malpractice claims are neither settled nor adjudicated, but abandoned by the plaintiffs. Out of 3,695 claims filed in Massachusetts, 59% were dropped, with the most important reason being that plaintiffs obtain more information during a lawsuit and conclude that a claim is weaker than they thought.
Apr 4, 2011
The New England Journal of Medicine finds in a new study that high-quality nursing homes are sued almost as often as low-quality nursing homes, showing that litigation, or the threat of litigation, doesn’t lead to better patient care.
Feb 2, 2011
A sharp increase in federal litigation alleging disclosure violations in M&A transactions suggests plaintiffs’ lawyers are scrambling for new business, says Professor Joseph Grundfest.
Jan 31, 2011
A report for State Controller John Chiang estimates the impact of the estimated costs related to the provision of medical and dental benefits for active and retired state employees if the Medical Injury Compensation Reform Act (“MICRA”) cap (which provides unlimited economic compensation but imposes a $250,000 ceiling on non-economic damages) were doubled and finds that it would cost state taxpayers an additional $2.4 billion under the pay-as-you-go scenario; $1.7 billion under the partial-funding scenario; or $1.3 billion under the full-funding scenario.
Jan 31, 2011
This report, prepared by LECG and funded by Californians Allied for Patient Protection, argues that increasing MICRA’s cap on noneconomic damages would increase the cost of, and reduce access to, healthcare.
Dec 16, 2010
A new study by Nera Economic Consulting finds that “[a]fter slowing down during the first half of 2010, the pace of US federal securities class action filings has picked up substantially.”
Dec 15, 2010
A study in the Financial Analysts Journal shows that securities litigation mainly serves to punish shareholders who have already suffered from a downturn in their stock. Only suits targeting illegal insider trading, and to a lesser extent, accounting fraud were associated with subsequent higher long-term returns.
Oct 8, 2010
Over time, many companies with significant asbestos-related liabilities have filed for bankruptcy, and payments by trusts set up by bankruptcy courts have played an increasingly important role in the compensation of asbestos-related injuries. While the role of trusts in providing compensation to asbestos claimants has grown, information about the operating procedures and activities of these trusts is not readily available in a convenient form.
Aug 27, 2010
The U.S. Chamber of Commerce has launched a major issue advocacy program to address economic developments and policy changes impacting California.
Aug 24, 2010
The U.S. Chamber Institute for Legal Reform in July released a study titled Tort Liability Costs for Small Businesses, showing that small businesses — despite having created 64% of all net new jobs in the United States over the past 15 years — shoulder a tremendous burden of the nation’s tort liability costs, having paid $105.4 billion in 2008.
Jul 14, 2010
The Pacific Research Institute has released its biannual Tort Liability Index Report.
Jul 14, 2010
The US Chamber Institute for Legal Reform released the latest in its series of reports titled Ranking the States: Lawsuit Climate in March.
Nov 11, 2008
Presentation at American Tort Reform Association’s 2008 Annual Legislative Conference - November 11, Phoenix, Arizona
Feb 7, 1997
The debate over punitive damages continues. In both appellate and legislative venues, state and federal, the question continues to be asked: Have punitive or exemplary damages become foremost a money-producing tool for plaintiffs lawyers and secondarily a special device for punishing defendants whose tortuous acts were so far in excess of ordinary negligence that a dollar sanction beyond compensation for the harm caused is in the public interest?