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Product Liability

Report
The Globalization of Mass Civil Litigation: Lessons from the Volkswagen "Clean Diesel" Case
This report describes the Volkswagen "clean diesel" emission fraud litigation to illustrate the features of global mass litigation and the problems that arise in the resolution of these types of claims across transnational jurisdictions.
Jun 22, 2021
Multimedia
Opioid Litigation: What's New, and What Does It Mean for Future Litigation?
More than 2,000 plaintiffs have joined the largest civil trial in U.S. history: National Prescription Opiate Litigation (MDL 2804). In this virtual symposium, experts discuss the opioid litigation and its effects on the future of mass litigation.
Feb 9, 2021
Journal Article
Unintended Consequences of Products Liability: Evidence from the Pharmaceutical Market
This article explains a surprising effect of tort liability in the market for prescription drugs: punitive damages shift liability from doctors to drug companies, but not when physician malpractice liability is limited."
Dec 11, 2020
Journal Article
Product Liability and Moral Hazard: Evidence from General Aviation
We estimate the impact of tort liability on a subset of consumers who have significant control over the probability of an accident: consumers of general aviation aircraft.
Dec 11, 2020
Report
COVID-19 Vaccinations: Liability and Compensation Considerations for Policymakers
Vaccine development is only one part of the challenge in creating an immunization campaign to stop the pandemic. Once a safe and effective COVID-19 vaccine is ready, liability and compensation issues could affect its distribution and administration.
Sep 21, 2020
Journal Article
The Public Health Value of Opioid Litigation
This article proceeds in three parts: discussions of the general goals and role of public health tort litigation, the demonstrated and potential value of opioid litigation to achieve public health goals, and a conclusion.
Jul 31, 2020
Blog
When Driverless Cars Were a Remote Idea
Researchers at RAND have been working on the technology behind driverless vehicles for over 50 years. From 1968 to the present, studies have involved remote-controlled drones, military land vehicles, autonomous submarines, and the safety and liability issues of self-driving cars.
Nov 1, 2019
Report
Emerging Trends in Compensation for Widespread Losses
These conference proceedings explore emerging trends in compensation for widespread loss events, including regulators' changing roles, the impact of liens, and claim aggregation.
Dec 4, 2017
Journal Article
Response to Inselbuch and Sackett's Critique of RAND Reports on Asbestos Trusts and Asbestos Litigation
RAND responds to a piece published in Mealey's Asbestos Bankruptcy Report that was critical of three RAND studies on asbestos litigation and bankruptcy trusts.
Mar 9, 2016
Research Brief
Bankruptcy Trusts Complicate the Outcomes of Asbestos Lawsuits
Interrogatories and depositions in a tort case against a bankrupt firm are less likely to reveal exposure to asbestos in the firm's product than if the case had occurred before the firm filed bankruptcy.
May 21, 2015
Report
Bankruptcy's Effect on Product Identification in Asbestos Personal Injury Cases
One of the most significant developments in asbestos litigation in the past 15 years is the rising rate of bankruptcy among asbestos defendants. Bankruptcy reduces the likelihood that exposures to the firm's asbestos-containing products will be identified in interrogatories and depositions.
May 21, 2015
Report
Economic Effects of Product Liability and Other Litigation Involving the Safety and Effectiveness of Pharmaceuticals
Opponents of product liability claim that liability reduces product availability, increases prices, and discourages innovation. Supporters claim that liability uncovers information about drug hazards and deters socially undesirable corporate behavior.
Feb 19, 2013
News Release
RAND Corporation, Risk Management Solutions Launch New Company to Develop Liability Insurance Tools
The RAND Corporation, Risk Management Solutions, Inc. (RMS) and private investors have launched a company named Praedicat, Inc., that will provide consulting services and software to the property and casualty insurance industries.
Mar 14, 2012
Content
RAND Institute for Civil Justice
The RAND Institute for Civil Justice (ICJ), a part of the Justice Policy program, conducts research on all aspects of civil justice, from trends in litigation and jury verdicts to punitive damages, compensation systems, and alternative dispute resolution. Directly or indirectly, civil justice issues have an impact on us all.
Oct 3, 2011
News Release
Links Between Asbestos Bankruptcy Trusts, Tort Cases Examined
Asbestos bankruptcy trusts—created to compensate people injured by the mineral—may be influencing tort cases. The current way that the trusts and the tort cases are linked together may result in payments that are not consistent with the basic principles of the tort liability system.
Aug 18, 2011
Report
Links Between Asbestos Bankruptcy Trusts, Tort Cases Examined
Asbestos bankruptcy trusts—created to compensate people injured by the mineral—may be influencing tort cases. The current way that the trusts and the tort cases are linked together may result in payments that are not consistent with the basic principles of the tort liability system.
Aug 18, 2011
Research Brief
Bankruptcy Trusts, Asbestos Compensation, and the Courts
People with asbestos injuries are increasingly receiving compensation from trusts set up by bankrupt asbestos defendants. This brief documents how courts handling these cases consider trust payments when determining compensation.
Aug 18, 2011
Report
Asbestos Bankruptcy Trusts: An Overview of Trust Structure and Activity with Detailed Reports on the Largest Trusts
While legislative and judicial reforms have made it increasingly difficult to obtain compensation for nonmalignant diseases in the tort system, the trust system remains a source of compensation for such injuries. This report describes the creation, organization, and operation of asbestos personal-injury trusts and compiles publicly available information on the assets, outlays, and governing boards of the 26 largest ones.
Jul 26, 2010
Journal Article
The Effects of Product Liability Exemption in the Presence of the FDA
n the United States, drugs are jointly regulated by the US Food and Drug Administration, which oversees premarket clinical trials designed to ensure drug safety and efficacy, and the liability system, which allows patients to sue manufacturers for unsafe drugs. In this paper, the authors examine the potential welfare effects of this dual system to ensure the safety of medical products, and conclude that product liability exemptions for FDA regulated activities could raise economic efficiency.
Dec 1, 2009
Research Brief
Asbestos Litigation Costs, Compensation, and Alternatives
This research brief describes work documented in Asbestos Litigation (MG-162-ICJ).
Nov 25, 2005

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