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Empirical Analysis of Civil Litigation: Torts Trials in State Courts

In: Research Handbook on the Economics of Torts

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  • Michael Heise

Abstract

This pioneering Handbook contains specially-commissioned chapters on tort law from leading experts in the field. This volume evaluates issues of vital importance to those seeking to understand and reform the tort law and the litigation process, taking a multi-disciplinary approach, including theoretical economic analysis, empirical analysis, socio-economic analysis, and behavioral analysis. Topics discussed include products liability, medical malpractice, causation, proximate cause, joint and several liability, class actions, mass torts, vicarious liability, settlement, damage rules, juries, tort reform, and potential alternatives to the tort system. Scholars, students, legal practitioners, regulators, and judges with an interest in tort law, litigation, damages, and reform will find this seminal Handbook an invaluable addition to their libraries.

Suggested Citation

  • Michael Heise, 2013. "Empirical Analysis of Civil Litigation: Torts Trials in State Courts," Chapters, in: Jennifer H. Arlen (ed.), Research Handbook on the Economics of Torts, chapter 1, pages 11-30, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:13306_1
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    References listed on IDEAS

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    1. David M. Studdert & Michelle M. Mello, 2007. "When Tort Resolutions Are "Wrong": Predictors of Discordant Outcomes in Medical Malpractice Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 36(S2), pages 47-78, June.
    2. Theodore Eisenberg & Martin T. Wells, 2006. "The Significant Association Between Punitive and Compensatory Damages in Blockbuster Cases: A Methodological Primer," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 3(1), pages 175-195, March.
    3. Marc Galanter, 2004. "The Vanishing Trial: An Examination of Trials and Related Matters in Federal and State Courts," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 1(3), pages 459-570, November.
    4. George L. Priest & Benjamin Klein, 1984. "The Selection of Disputes for Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 13(1), pages 1-56, January.
    5. Landes, William M & Posner, Richard A, 1993. "The Influence of Economics of Law: A Quantitative Study," Journal of Law and Economics, University of Chicago Press, vol. 36(1), pages 385-424, April.
    6. Eric Helland & Jonathan Klick & Alexander Tabarrok, 2005. "Data Watch: Tort-uring the Data," Journal of Economic Perspectives, American Economic Association, vol. 19(2), pages 207-220, Spring.
    7. Joni Hersch & W. Kip Viscusi, 2004. "Punitive Damages: How Judges and Juries Perform," The Journal of Legal Studies, University of Chicago Press, vol. 33(1), pages 1-36, January.
    8. Viscusi, W Kip, 2001. "Jurors, Judges, and the Mistreatment of Risk by the Courts," The Journal of Legal Studies, University of Chicago Press, vol. 30(1), pages 107-142, January.
    9. Shavell, Steven, 1996. "Any Frequency of Plaintiff Victory at Trial Is Possible," The Journal of Legal Studies, University of Chicago Press, vol. 25(2), pages 493-501, June.
    10. Eisenberg, Theodore & Goerdt, John & Ostrom, Brian & Rottman, David & Wells, Martin T, 1997. "The Predictability of Punitive Damages," The Journal of Legal Studies, University of Chicago Press, vol. 26(2), pages 623-661, June.
    11. Catherine M. Sharkey, 2013. "Economic analysis of punitive damages: Theory, empirics, and doctrine," Chapters, in: Jennifer H. Arlen (ed.), Research Handbook on the Economics of Torts, chapter 19, pages 486-510, Edward Elgar Publishing.
    12. Joni Hersch, 2006. "Demand for a Jury Trial and the Selection of Cases for Trial," The Journal of Legal Studies, University of Chicago Press, vol. 35(1), pages 119-142, January.
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