21st Century Civil Justice System: Measuring innovation
According to the State Court Guide to Statistical Reporting, a tort is a “type of civil case that alleges an injury or wrong committed against a person, their reputation or their property.” Generally, torts fall into three categories: intentional torts (such as assault and battery), negligent torts (including failure to exercise due care), and strict liability (such as defective products) torts. Topics of interest in the torts arena include tort reform, the availability and limitation of punitive damages, the expansion of products liability, and medical-malpractice suits, both generally and with regard to reform efforts.
Links to related online resources are listed below. Non-digitized publications may
be borrowed from the NCSC Library; call numbers are provided.
This issue of Caseload Highlights explores appellate activity in medical malpractice cases, including the factors that influence the decision to appeal a medical malpractice case, the issues on appeal, and how medical malpractice appeals are resolved. Data are from the 2001 Civil Justice Survey of State Courts: Supplemental Survey of Civil Appeals, which tracked appeals from civil trials held during 2001 in 46 of the nation’s 75 most populous counties.
This article examines tort cases that appeared before the U.S. Court of Appeals due to diversity of citizenship in order to answer the criticism that diversity jurisdiction presents a threat to federalism.
This report discusses the frequency, type and amount of medical malpractice judgments and other trends in medical malpractice litigation.
This report examines the relationship between contingency fees and medical malpractice litigation and includes proposals from the Medical Association and the Task Force regarding contingency fees.
Report on medical malpractice issues, proposed reforms, research, and innovations in the states.
Despite the absence of legislative action, this author explains that the tort system has not remained completely resistant to change, largely due to court-based efforts to alter existing rules and procedures in order to reform tort litigation.