Tort Law

Journal Article
The Missing Theory of Variable Selection in the Economic Analysis of Tort Law
The Article argues that the economic analysis of tort law has yet to satisfactorily answer a critical threshold question: which of the many inputs that lead to an accident should be included in a court's liability analysis?
Jan 1, 2006
Research Brief
Asbestos Litigation Costs, Compensation, and Alternatives
This research brief describes work documented in Asbestos Litigation (MG-162-ICJ).
Nov 25, 2005
News Release
More Than 730,000 People Have Filed Asbestos Injury Claims in U.S., Costing Defendants More Than $70 Billion
More than 730,000 people in the United States filed compensation claims for asbestos-related injuries from the early 1970s through the end of 2002, costing businesses and insurance companies more than $70 billion.
May 10, 2005
Report
Asbestos-Related Claims Exceed 730,000, Cost More than $70 Billion
Claims for asbestos injuries have risen sharply since the 1990s and total more than 730,000 through 2002. At least 8,400 defendants have paid more than $70 billion on the litigation, 42 percent of which has gone to claimants.
May 9, 2005
Report
Compensation for Losses from the 9/11 Attacks
To understand how the losses created by 9/11 differ from those following natural disasters and other catastrophic events, researchers examined the benefits going to those who were killed or seriously injured in the 9/11 attacks and benefits to individuals and businesses in New York City that suffered losses from the attack on the World Trade Center.
Nov 2, 2004
News Release
RAND Study Finds California Medical Malpractice Award Caps Have Cut Payments By 30 Percent to Those Those Who Win ...
A landmark California law that caps non-economic awards in medical malpractice trials has cut defendants' payments from jury verdicts by 30 percent.
Jul 12, 2004
Research Brief
Changing the Medical Malpractice Dispute Process: What Have We Learned from California's MICRA?
This report examines the effects of California's Medical Injury Compensation Reform Act (MICRA) on litigants in actual trials.
Jan 1, 2004
Research Brief
Compensating the Victims of 9/11
This research brief quantifies the benefits received by the various 9/11 victim groups from each compensation mechanism including insurance payments, government programs, and charitable distributions.
Jan 1, 2004
Report
Framing the Compensation Inquiry
Framing the Compensation Inquiry
Jan 1, 2004
Research Brief
How Would a ''Choice'' Auto Insurance Plan Affect the Insurance Costs and Compensation of Accident Victims?
Under a choice plan, those who elect the no-fault option will realize substantial cost savings while those who choose the modified version of their state's current system will not be affected.
Jan 1, 2004
Journal Article
Forty Years of Civil Jury Verdicts
Past studies on civil juries have been hampered by lack of data on verdicts spanning a sufficiently long period. Average jury awards tend to be highly variable from year to year, making it difficult to distinguish trends over relatively short periods of time.
Jan 1, 2004
Report
Fashioning a National Resolution of Asbestos Personal Injury Litigation: A Reply to Professor Brickman
In this paper, reprinted from Cardozo Law Review, the author responds to Professor Brickman's analysis of the asbestos litigation problem, as well as to his proposal for a national administrative solution to the problem.
Dec 31, 2003
Journal Article
Hospitals' Behavior in a Tort Crisis: Observations from Pennsylvania; Bringing Physicians Under Hospitals' Liability Umbrella Could Open the Door to Even Broader Reforms in Medical Malpractice Policy
This paper examines the impact of the liability crisis on Pennsylvania hospitals and the strategies being used to weather the storm, including alternative risk financing and closer ties between hospitals and affiliated physicians. It concludes by connecting these trends to larger medical malpractice policy issues.
Jan 1, 2003
Journal Article
Medical Monitoring for Pharmaceutical Injuries
The authors addressed research questions regarding the efficacy of herbal ephedra and ephedrine for weight loss and athletic performance.
Jan 1, 2003
Report
The Frequency of Excess Auto Personal Injury Claims
The Frequency of Excess Auto Personal Injury Claims
Jan 1, 2002
Report
Revisiting the Monster: New Myths and Realities of Class Action and Other Large Scale Litigation
She extends her consideration of mass tort litigation to include what she terms "the new social policy torts": suits against tobacco companies, firearms manufacturers, and managed care organizations that are intended to change public policy.
Jan 1, 2002
Report
Asbestos Litigation Costs and Compensation: An Interim Report
Examines the dimensions of current asbestos litigation and the potential future effects of the litigation on the U.S. economy
Dec 31, 2001
Report
The Effects of Third-Party, Bad Faith Doctrine on Automobile Insurance Costs and Compensation
The question of whether an automobile accident victim should be allowed to bring a claim for punitive damages for unfair settlement practices against another person's liability insurer — a so-called third-party, bad faith suit — has become an important policy concern.
Jan 1, 2001
Research Brief
How Do Third-Party, Bad Faith Bodily Injury Claims Affect Automobile Insurance Costs and Compensation?
Found that the adoption of a Royal Globe doctrine affected both the severity and the frequency of bodily injury claims.
Jan 1, 2001
Report
Beyond "It Just Ain't Worth It": Alternative Strategies for Damage Class Action Reform
In this article, the authors explore alternative strategies for class-action reform aimed at improving the cost-benefit ratio of damage class actions.
Jan 1, 2001

RAND Topic:
Tort Law

Research conducted by

Researcher Spotlight

Geoffrey McGovern

Director of Intellectual Property

Geoffrey McGovern is director of Intellectual Property, a senior political scientist at RAND, and a professor of policy analysis at the Pardee RAND Graduate School. His research has focused on matters of civil justice, statutory compliance, asbestos litigation, national defense, and homeland…

Bethany Saunders-Medina

Policy Analyst

Bethany Saunders-Medina (she/her) is a policy analyst and coordinator for the RAND Institute for Civil Justice (ICJ) and the Kennth R. Feinberg Center for Catastrophic Risk Management and Compensation where she helps manage research portfolios and overall center operations. Her work focuses on…

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Tort Law

The Missing Theory of Variable Selection in the Economic Analysis of Tort Law

Asbestos Litigation Costs, Compensation, and Alternatives

More Than 730,000 People Have Filed Asbestos Injury Claims in U.S., Costing Defendants More Than $70 Billion

Asbestos-Related Claims Exceed 730,000, Cost More than $70 Billion

Compensation for Losses from the 9/11 Attacks

RAND Study Finds California Medical Malpractice Award Caps Have Cut Payments By 30 Percent to Those Those Who Win ...

Changing the Medical Malpractice Dispute Process: What Have We Learned from California's MICRA?

Compensating the Victims of 9/11

Framing the Compensation Inquiry

How Would a ''Choice'' Auto Insurance Plan Affect the Insurance Costs and Compensation of Accident Victims?

Forty Years of Civil Jury Verdicts

Fashioning a National Resolution of Asbestos Personal Injury Litigation: A Reply to Professor Brickman

Hospitals' Behavior in a Tort Crisis: Observations from Pennsylvania; Bringing Physicians Under Hospitals' Liability Umbrella Could Open the Door to Even Broader Reforms in Medical Malpractice Policy

Medical Monitoring for Pharmaceutical Injuries

The Frequency of Excess Auto Personal Injury Claims

Revisiting the Monster: New Myths and Realities of Class Action and Other Large Scale Litigation

Asbestos Litigation Costs and Compensation: An Interim Report

The Effects of Third-Party, Bad Faith Doctrine on Automobile Insurance Costs and Compensation

How Do Third-Party, Bad Faith Bodily Injury Claims Affect Automobile Insurance Costs and Compensation?

Beyond "It Just Ain't Worth It": Alternative Strategies for Damage Class Action Reform

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