Is there a lawsuit abuse problem in America?

"There's a common misconception that frivolous lawsuits are making a mockery of our legal system. Instead of concentrating on real cases, our courts waste resources on a flood of false claims, unscrupulous plaintiffs, and greedy attorneys. These meritless suits not only clog the courts, but are responsible for skyrocketing insurance premiums, a break-down of the tort system, and a health care crisis. Or that's how the tale is typically spun.

My research shows that this so-called 'lawsuit abuse crisis' is illusory. Despite the overwhelming empirical evidence that no litigation crisis exists, often courts and legislatures give in to political pressure and turn to civil procedure as a quick fix. Most of my scholarship centers on exposing the folly of using civil procedure—like heightened pleading or sanctions—to address this phantom crisis. Equipped with this research, I hope the legal community can challenge this fictitious lawsuit abuse allegation."

Christopher M. Fairman
Professor of Law