Class Action Lawsuits and Lawyers

Presentation by Deborah Hensler at the U.S. Chamber of Commerce seminar "Understanding Asbestos Litigation: The Genesis, Scope, and Impact," Washington, D.C.
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Class Action Lawsuits and Lawyers

That problem arises from errors in assigning liability: if injurers were held responsible for all of (and only) the injuries that they truly caused, they would have no opportunities to reduce expected liability costs without reducing actual risks. A commonly cited example is "defensive medicine," in which medical professionals conduct low-value procedures in hopes of avoiding the costs and stigma of being sued.(11) Finally, if potential injurers expect to pay less than one dollar in liability costs per dollar of additional social costs--or, more to the point, expect to save less than one dollar per dollar of reduced social costs--they will have too little incentive to take preventive action. That situation may occur if liability judgments have a significant arbitrary component, if avoidance efforts succeed in obscuring injurers' roles in causing some losses, or if injurers insure their liability costs and the premiums they pay do not fully reflect their injury record.
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Attorneys and Legal Information

tort system cost a total of $205.4 billion in 2001, Tillinghast estimates.
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Attorneys and Legal Information

legalreformnow.com/resources/012303secondary.
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Attorneys and Legal Information

pdf. 8.
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