The Unsubstantiated Case for Litigation Reform
The Unsubstantiated Case for Litigation Reform
This chapter assesses the influential critique outlined in the previous chapter. It argues that this dominant critique of the civil litigation system has been merely pled and not proven. It shows that the critique trades on anecdotal evidence that is not accurate and not convincing. The analysis here furthermore shows that available data—including data on win-loss ratios, damages across different types of civil cases, and juries—cast serious doubt on its basic premises. The most influential critique of the civil litigation therefore does not bear close scrutiny, and thus its policy reform agenda is not well grounded. This chapter concludes that if the civil litigation system is flawed, it is not so for the reasons the influential critics have articulated.
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