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Where Have All the Cases Gone? The Strange Success of Tort Reform Revisited


From Emory Law Journal 

There has been considerable and continuing distress about the apparent demise of the civil jury trial. In this article, Stephen Daniels and Joanne Martin revisit their earlier arguments about tort reform’s strange success with this concern in mind. In doing so, they agreed to an extent with those skeptical about a decline in the number of jury trials. At least in terms of auto accident cases the most prevalent kind of tort case and the type of case that accounts for a large proportion of jury trials it is not that jury trials are vanishing, it is the cases themselves. They think the important question is more about whether there is something affecting the number of cases that come into the civil justice system, rather than just how they leave it.