Influential Criticisms of Civil Litigation
Influential Criticisms of Civil Litigation
This chapter outlines the most politically influential critique of the civil litigation system, which holds that undeserving plaintiffs frequently prevail—recovering unwarranted damages with harmful social consequences. The chapter explains the tenets of that critique and identifies the reform proposals that accompany it. It furthermore shows how this critique has proven influential, in the sense that important parts of its reform agenda have been adopted by policymakers, including courts, at both the federal and state level.
Keywords: plaintiff, litigation, reform, damages, policy, courts
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