CJAC: Civil Justice Association of California

Reports

Jan 29, 2013

Physicians Spend Nearly 11 Percent Of Their 40-Year Careers With An Open, Unresolved Malpractice Claim

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 Replaces Reforming Philly atop "Judicial Hellholes" List

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

Bounty Hunters and the Public Interest - A Study of California's Proposition 65

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

Defensive Orthopedic Medicine Costs U.S. $2 billion Annually

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

76% of Docs Provide Unneeded Care For Fear of Lawsuits

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

Most Medical Malpractice Claims Abandoned Due to Weak Cases

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

New Study Shows Nursing Homes Being Sued Regardless of Quality

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

Mergers & Acquisitions Class Action Filings Jump in 2010, Stanford/Cornerstone Report Finds

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

Estimated Increases in State of California Employee and Retiree Benefits Costs Caused by Doubling the MICRA Cap

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

MICRA and Access to Healthcare

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

Trends 2010 Year-End Update: Securities Class Action Filings Accelerate in Second Half of 2010; Median Settlement Value at an All-Time High

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

Misdeeds Matter: Long-Term Stock Price Performance after the Filing of Class-Action Lawsuits

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

RAND Study Examines Asbestos Bankruptcy Trusts

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 Golden State Action Plan

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

Tort Liability Costs for Small Businesses

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

Tort Liability Index: 2010 Report

The Pacific Research Institute has released its biannual Tort Liability Index Report.

Jul 14, 2010

Lawsuit Climate 2010 Report

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

Trends in Public Nuisance Litigation

Presentation at American Tort Reform Association’s 2008 Annual Legislative Conference - November 11, Phoenix, Arizona

Feb 7, 1997

New State Data Confirms Runaway Abuse of Punitive Damages

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?

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