Institute for Civil Justice (U.S.)
Most widely held works about Institute for Civil Justice (U.S.)
Most widely held works by Institute for Civil Justice (U.S.)
Insurance class actions in the United States ( Book )
6 editions published in 2007 in English and held by 653 libraries worldwide
Of methodological approach -- Survey results -- Issues related to regulation.
The economic burden of providing health insurance how much worse off are small firms by Christine Eibner ( Book )
4 editions published in 2008 in English and held by 593 libraries worldwide
More than 60 percent of nonelderly Americans receive health-insurance (HI) coverage through employers, either as policyholders or as dependents. However, rising health-care costs are leading many to question the long-term viability of the employer-based insurance system. Concerns about the economic burden of providing HI are particularly acute for small businesses, which are both less likely than larger firms to offer HI and more sensitive to price when deciding to offer insurance. Small firms may have difficulty containing costs due to their limited bargaining power and their inability to hir.
Class action dilemmas : pursuing public goals for private gain ( Book )
3 editions published in 2000 in English and held by 507 libraries worldwide
Class action lawsuits--allowing one or a few plaintiffs to represent many who seek redress--have long been controversial. The current controversy, centered on lawsuits for money damages, is characterized by sharp disagreement among stakeholders about the kinds of suits being filed, whether plaintiffs' claims are meritorious, and whether resolutions to class actions are fair or socially desirable. Ultimately, these concerns lead many to wonder, Are class actions worth their costs to society and to business? Do they do more harm than good? To describe the landscape of current damage class action litigation, elucidate problems, and identify solutions, the RAND Institute for Civil Justice conducted a study using qualitative and quantitative research methods. The researchers concluded that the controversy over damage class actions has proven intractable because it implicates deeply held but sharply contested ideological views among stakeholders. Nevertheless, many of the political antagonists agree that class action practices merit improvement. The authors argue that both practices and outcomes could be substantially improved if more judges would supervise class action litigation more actively and scrutinize proposed settlements and fee awards more carefully. Educating and empowering judges to take more responsibility for case outcomes--and ensuring that they have the resources to do so--can help the civil justice system achieve a better balance between the public goals of class actions and the private interests that drive them.
Just, speedy, and inexpensive? : an evaluation of judicial case management under the Civil Justice Reform Act ( Book )
2 editions published in 1996 in English and held by 378 libraries worldwide
The Civil Justice Reform Act of 1990 (CJRA) required each federal district court to develop a case management plan to reduce costs and delay. The legislation also created a pilot program to test six principles of case management, and required an independent evaluation to assess their effects. This executive summary provides an overview of the purpose of the CJRA, the basic design of the evaluation, the key findings, and their policy implications. Detailed results appear in three other reports: MR-801-ICJ, which traces the stages in the implementation of the CJRA in the study districts; MR-802-ICJ, which presents the main descriptive and statistical evaluation of how the CJRA case management principles implemented in the study districts affected cost, time to disposition, and participants' satisfaction and views of fairness; and MR-803-ICJ, which describes the results of an evaluation of mediation and neutral evaluation designed to supplement the alternative dispute resolution assessment contained in the main CJRA evaluation.
An evaluation of mediation and early neutral evaluation under the Civil Justice Reform Act ( Book )
3 editions published in 1996 in English and held by 374 libraries worldwide
The Civil Justice Reform Act of 1990 (CJRA) required each federal district court to develop a case management plan to reduce costs and delay. The legislation also created a pilot program to test six principles of case management, and required an independent evaluation to assess their effects. This report is one of four documents describing the evaluation, which was conducted by RAND's Institute for Civil Justice. The report describes an assessment of the effects of six different alternative dispute resolution (ADR) programs that included mediation and early neutral evaluation. The study found that, once litigation had begun, referral to ADR was not a panacea, nor was it detrimental. Neither time nor costs nor lawyer views of satisfaction or fairness changed significantly as a result of referral to any of these programs; however, lawyers and litigants who participated in the programs liked them. The only statistically significant finding was that cases referred to ADR were more likely to have a monetary outcome. See also MR-800-ICJ, MR-801-ICJ, and MR-802-ICJ.
Implementation of the Civil Justice Reform Act in pilot and comparison districts ( Book )
2 editions published in 1996 in English and held by 368 libraries worldwide
The Civil Justice Reform Act of 1990 (CJRA) required each federal district court to develop a case management plan to reduce costs and delay. The legislation also created a pilot program to test six principles of case management, and required an independent evaluation to assess their effects. This report is one of four documents describing the evaluation, which was conducted by RAND's Institute for Civil Justice. The report traces the stages in the CJRA implementation: the recommendations of the advisory groups, the plans adopted by the districts, and the plans actually implemented. The study found that all pilot districts complied with the statutory language of the act. But the amount of change varied widely, and in some districts, planned changes were not fully implemented. However, implementing the pilot plans may have heightened the consciousness of judges and lawyers and brought about some important implicit shifts in their approach to case management. See also MR-800-ICJ, MR-802-ICJ, and MR-803-ICJ.
An evaluation of judicial case management under the Civil Justice Reform Act ( Book )
2 editions published in 1996 in English and held by 365 libraries worldwide
The Civil Justice Reform Act of 1990 (CJRA) required each federal district court to develop a case management plan to reduce costs and delay. The legislation also created a pilot program to test six principles of case management, and required an independent evaluation to assess their effects. This report is one of four documents describing the evaluation, which was conducted by RAND's Institute for Civil Justice. The report describes the effects of the CJRA case management principles on time to disposition, costs, and participants' satisfaction and views of fairness. The study found that the CJRA's package of case management policies, as implemented, had little effect on any of these outcomes. However, what judges do to manage cases does matter. A package of procedures containing early judicial management, early setting of a trial date, and shorter time to discovery cutoff could reduce time to disposition by 30 percent, with no change in litigation costs, satisfaction, or perceived fairness. See also MR-800-ICJ, MR-801-ICJ, and MR-803-ICJ.
Trends in civil jury verdicts since 1985 by Erik Moller ( Book )
3 editions published in 1996 in English and held by 345 libraries worldwide
This report describes all civil jury verdicts reached from 1985 to 1994 in the state courts of general jurisdiction in 15 jurisdictions across the nation and identifies trends in these verdicts. Several descriptive measures are used, including number of verdicts, number of verdicts within different case types, percentage of cases in which the plaintiff is successful, award amounts (typical, maximum, and expected awards), variation in awards, and the occurrence and size of punitive damage awards. The study finds that trial rates are generally flat or decreasing; case mix has not changed significantly in the past ten years; award amounts are generally increasing; and punitive damage awards are rare, but their amounts increased dramatically between 1985-1989 and 1990-1994. Jury verdicts can provide valuable information about the signals that attorneys and potential claimants receive from the civil justice system, but it is cautioned that they reveal little about the underlying dynamics of jury behavior.
Asbestos in the courts : the challenge of mass toxic torts ( Book )
2 editions published in 1985 in English and held by 317 libraries worldwide
This report presents the results of a study of how the civil justice system has dealt with the challenges presented by asbestos litigation. Its sections describe (1) the characteristics of asbestos litigation, both at the individual case level and at the aggregate level; (2) the way in which the court system has approached the three critical tasks of litigation--substantive decisionmaking, preparing cases for trial, and disposing of cases; and (3) the implications of the findings. Based on their observations of the asbestos litigation process, the authors review the strengths and weaknesses of the tort system as a mechanism for resolving mass toxic torts, consider changes that might strengthen the system, and suggest a mechanism for formulating new policies.
Designing safer products : corporate responses to product liability law and regulation by George C Eads ( Book )
4 editions published between 1983 and 1985 in English and held by 282 libraries worldwide
Analyzes ways in which firms have responded to recent changes in pressures to design safer products, using interviews with product safety officials in major manufacturers and extensive analysis of legal and scholarly literatures. Shifts to strict liability and more stringent regulation during the last 15 years have increased pressure to invest in safety assurance procedures, as evidenced by creation of new corporate product safety units. Regulation has been of more questionable effectiveness than has strict liability in inducing better design practices. Argues that federal product liability legislation will have marginal effect, despite the current variation in state law on the matter. Discusses the factors that influence the effectiveness of corporate product safety units and suggests that combining product safety with quality assurance may be the optimal strategy for a firm.
Costs and compensation paid in tort litigation by James S Kakalik ( Book )
2 editions published in 1986 in English and held by 275 libraries worldwide
This study was undertaken to answer the following questions: What was the total expenditure nationwide for tort litigation terminated in state and federal courts of general jurisdiction in 1985? How much of the total was spent for the various costs of the tort litigation system: plaintiffs' and defendants' legal fees and other litigation expenses, the value of litigants' time spent on the lawsuits, the value of time spent by insurance personnel, and the costs of operating the courts? How much of the total was net compensation to plaintiffs? How do litigation costs and compensation paid differ for torts involving motor vehicles and for all other torts? How fast is the tort system growing? The study indicates that plaintiffs with tort lawsuits in state and federal courts of general jurisdiction received approximately half of the $27 billion to $34 billion spent in 1985. The costs of litigation consumed the other half.
Costs of the civil justice system : court expenditures for various types of civil cases by James S Kakalik ( Book )
1 edition published in 1983 in English and held by 270 libraries worldwide
The frequency and severity of medical malpractice claims by Patricia Munch Danzon ( Book )
4 editions published between 1982 and 1983 in English and held by 255 libraries worldwide
The frequency and severity of medical malpractice claims increased dramatically in the late 1960s and early 1970s. In response to the malpractice crisis, many states enacted changes in tort law applicable to medical practitioners. This report presents some empirical evidence on the contribution of various factors to the diversity in the frequency and severity of claims across states and over time. Section II provides an overview of countrywide trends in claims for different lines of liability insurance and differences among states in malpractice litigation. Section III presents a theoretical model of the frequency and severity of medical malpractice claims. Section IV describes the data and methodological issues. Section V reports the empirical analysis of frequency of claims per capita, average severity per claim, and average claim cost per capita. Section VI analyzes the determinants of the post-1975 tort reforms. Section VII summarizes the findings and policy implications.
Trends in tort litigation : the story behind the statistics ( Book )
2 editions published in 1987 in English and held by 254 libraries worldwide
This Special Report from The RAND Corporation's Institute for Civil Justice (ICJ) draws on seven years of ICJ research to consider three issues at the heart of the recent debate on trends in tort litigation: (1) how much litigation there is; (2) whether jury awards are stable or out of control; and (3) how much litigation costs and who gets the money. The research suggests that discrepancies among the statistics on tort litigation can be explained by the fact that there is no longer, if there ever was, a single tort system. Instead, there are at least three types of tort litigation, each with its own class of litigants, attorneys, and legal dynamics. The three types of torts are routine personal injury torts (e.g., auto suits), high-stakes personal injury torts (e.g., product liability, malpractice, and business suits), and mass latent injury cases (e.g., asbestos litigation). Each of these areas is characterized by a different litigation growth rate, jury verdict trend, and cost profile, and treating them together--as is done whenever overall statistics for tort litigation are reported--produces a distorted picture.
Variation in asbestos litigation compensation and expenses ( Book )
3 editions published in 1984 in English and held by 252 libraries worldwide
This report analyzes characteristics of individual claims that explain variation in compensation and expenses. The first section describes the research approach and sketches the tangled context in which spending occurs for asbestos product liability litigation. Section II presents data on the characteristics of closed claims and on the actual compensation paid and expenses incurred by plaintiffs, defendants, and insurers in 1980-1982. Section III focuses on explaining the variation in total compensation. Sections IV, V, and VI, respectively, analyze claim characteristics that help explain why certain claims receive no compensation, identify which claims proceed to trial instead of being closed before trial, and identify which claims result in punitive awards. Sections VII and VIII analyze the variations in defense and plaintiff litigation expenses. Finally, Section IX totals the expenditures and examines the ratio between litigation expense payments and net compensation.
The Perception of justice : tort litigants' views of trial, court-annexed arbitration, and judicial settlement conferences ( Book )
3 editions published in 1989 in English and held by 247 libraries worldwide
This report investigates the attitudes and perceptions of individual plaintiffs and defendants in personal-injury tort cases in three state courts. Specifically, it investigates how tort litigants' impressions of fairness and satisfaction with their experiences in the civil justice system are affected by hearing procedures, case events, and the litigation process. The authors found that the three third-party procedures studied--trial, court-annexed arbitration, and judicial settlement--differed considerably in the procedural fairness and satisfaction ratings they engendered: arbitration hearings and trials were viewed more favorably than were settlement conferences. The findings suggest that improvements in perceived justice and satisfaction are more likely to come from changes in the tone of the judicial process than from innovations designed to cut costs or reduce delay. Further, innovations intended to reduce costs and delay should not do so at the expense of those qualities of the judicial process that are more important to litigants.
Computing economic loss in cases of wrongful death by Elizabeth M King ( Book )
2 editions published in 1988 in English and held by 247 libraries worldwide
This report outlines a new method for computing economic loss in cases of wrongful death. The authors use the human capital (or lost economic output) approach because it dominates actual litigation. In this conceptual model, economic loss is the value of the decedent's lost future productivity, market and nonmarket.
Civil juries in the 1980s : trends in jury trials and verdicts in California and Cook County, Illinois by Mark A Peterson ( Book )
2 editions published in 1987 in English and held by 246 libraries worldwide
This report extends earlier efforts to document and analyze the outcomes produced by the civil justice system based on studies of civil jury trials in Cook County, Illinois, and San Francisco County, California. First, the report updates the earlier work by incorporating data for the years 1980 through 1984. Second, it expands the scope of the study to include the entire state of California. Past patterns in jury awards continued in Cook County during the 1980s: The size of most jury awards did not increase (the median actually fell), but large jury awards, and therefore the average, increased sharply. The pattern that prevailed in both jurisdictions during the 1960s and 1970s, however, changed in San Francisco: There was a substantial increase in the size of awards during the 1980s across the entire range of cases tried in state and federal courts. Unlike past findings, the increase was not restricted to a few very large awards. The average award increased as in previous years, but median awards also increased to triple the median of the late 1970s.
Costs of asbestos litigation ( Book )
2 editions published in 1983 in English and held by 245 libraries worldwide
This report examines the money spent to resolve asbestos-related injury lawsuits: who pays it, who receives it, and for what purposes. After sketching the tangled context in which spending occurs for asbestos product liability litigation in the introduction, subsequent sections analyze the actual costs incurred by plaintiffs, defendants, and insurers in the course of processing asbestos suits to resolution. The analysis focuses on net compensation (money received by injured persons after deducting litigation expenses), and on defense and plaintiff expenses (money paid to operate the legal and insurance systems through which society decides who should receive how much compensation and arranges for actual payment). Finally, the authors total the expenditures and examine the ratio between litigation expense payments and net compensation (the "overhead" costs incurred in generating one dollar in payment to an injured person).
Product liability and the business sector : litigation trends in federal courts by Terence Dungworth ( Book )
2 editions published in 1988 in English and held by 245 libraries worldwide
Actions and defenses Air--Pollution--Economic aspects Arbitration and award Asbestos industry--Law and legislation Atmospheric ozone--Reduction--Government policy Automobile insurance--Costs California California--San Francisco Civil procedure Class actions (Civil procedure) Class actions (Civil procedure)--Costs Compensation (Law) Complex litigation Costs (Law) Court administration Court congestion and delay Courts--Finance Damages Dispute resolution (Law) Dispute resolution (Law)--Evaluation District courts--Administration Exemplary damages Hazardous substances--Law and legislation--Compliance costs Illinois--Cook County Institute for Civil Justice (U.S.) Jury Justice, Administration of Justice, Administration of--Evaluation Lawyers--Fees Liability (Law) Liability for aircraft accidents Liability for hazardous substances pollution damages Liability insurance Liability insurance claims--Economic aspects Medical personnel--Malpractice No-fault automobile insurance No-fault automobile insurance--Costs Periodicals Personal injuries Products liability Products liability--Asbestos Statistics Tort liability of insurance companies Torts Torts--Economic aspects Toxic torts Trial practice United States Verdicts Workers' compensation
Kokusai Hōritsuka Iinkai (Spojené státy americké) czejpn
Kokusai Hōritsuka Iinkai (U.S.)
Offizieller Name RAND Institute for Civil Justice
Rand Corporation. Institute for Civil Justice
Rand Corporation (Santa Monica). Institute for Civil Justice
RAND Institute for Civil Justice
RAND Institute of Civil Justice