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2009•SSRN Electronic JournalOpen access

The Effect of 'Tort Reform' on Tort Case Filings

Patricia W. Hatamyar Moore

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Abstract

An empirical study of the number and types of different tort cases filed in Oklahoma state courts from 2003 - 2007. While numerous measures of so called 'tort reform' passed the Oklahoma legislature prior to 2003, advocates of 'tort reform' continue to press for more. The study finds that there was a 17.5% decrease in the number of tort clases (claiming over $10,000) filed, from 6,764 such cases in 2003 to 5,576 cases in 2007. During the same time period, the number of all civil cases over $10,000 filed increase 4%. The data suggest that the measures passed before 2003 negatively affected tort case filings, and that future measures may be unwarranted.

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What this paper is about

An empirical study of the number and types of different tort cases filed in Oklahoma state courts from 2003 - 2007. While numerous measures of so called 'tort reform' passed the Oklahoma legislature prior to 2003, advocates of 'tort reform' continue to press for more. The study finds that there was a 17.5% decrease in the number of tort clases (claiming over $10,000) filed, from 6,764 such cases in 2003 to 5,576 cases in 2007. During the same time period, the number of all civil cases over $10,000 filed increase 4%. The data suggest that the measures passed before 2003 negatively affected tort case filings, and that future measures may be unwarranted.

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Available abstract

An empirical study of the number and types of different tort cases filed in Oklahoma state courts from 2003 - 2007. While numerous measures of so called 'tort reform' passed the Oklahoma legislature prior to 2003, advocates of 'tort reform' continue to press for more. The study finds that there was a 17.5% decrease in the number of tort clases (claiming over $10,000) filed, from 6,764 such cases in 2003 to 5,576 cases in 2007. During the same time period, the number of all civil cases over $10,000 filed increase 4%. The data suggest that the measures passed before 2003 negatively affected tort case filings, and that future measures may be unwarranted.

Key concepts: Tort, Tort reform, Legislature, Law, State (computer science), Law and economics, Political science, Business

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