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Litigation

Moritz Law  /  Areas of Study  /  Litigation  /  Faculty

Litigation

Is there a lawsuit abuse problem in America?

Chris Fairman"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

Faculty

Moritz faculty members who teach litigation-related courses include:

Michelle  AlexanderMichelle Alexander
Associate Professor of Law

Mary Beth BeazleyMary Beth Beazley
Associate Professor of Law; Director of Legal Writing

Sanford N. Caust-EllenbogenSanford N. Caust-Ellenbogen
Associate Professor of Law

Martha  ChamallasMartha Chamallas
Robert J. Lynn Chair in Law

Amy J. CohenAmy J. Cohen
Assistant Professor of Law

Sarah Rudolph ColeSarah Rudolph Cole
Squire, Sanders & Dempsey Designated Professor of Law; Director, Program on Dispute Resolution

Elizabeth Ilgen CookeElizabeth Ilgen Cooke
Clinical Professor of Law

Sharon L. DaviesSharon L. Davies
John C. Elam/Vorys Sater Designated Professor of Law

Ellen E. DeasonEllen E. Deason
Joanne Wharton Murphy/Classes of 1965 and 1973 Professor in Law

Christopher M. FairmanChristopher M. Fairman
Professor of Law

David A. GoldbergerDavid A. Goldberger
Isadore and Ida Topper Professor Emeritus of Law

Arthur F. GreenbaumArthur F. Greenbaum
James W. Shocknessy Professor of Law

Robert Martin KrivosheyRobert Martin Krivoshey
Clinical Professor of Law

Angela Marie LloydAngela Marie Lloyd
Associate Clinical Professor of Law

Deborah Jones MerrittDeborah Jones Merritt
John Deaver Drinko-Baker & Hostetler Chair in Law; Courtesy Professor of Sociology; Courtesy Professor of Public Policy and Management, and Associate Faculty Member in Women's Studies

Kathy Seward NorthernKathy Seward Northern
Associate Dean for Admissions; Associate Professor of Law

Ric  SimmonsRic Simmons
Associate Professor of Law

Joseph B. StulbergJoseph B. Stulberg
John W. Bricker Professor of Law

Daniel P. TokajiDaniel P. Tokaji
Associate Professor of Law; Associate Director, Election Law @ Moritz

Charles E. WilsonCharles E. Wilson
Associate Professor of Law