ABSTRACT
The rhetoric of tort reform has included many references to "crises," particularly "insurance crises" and "liability crises. An overall label for these efforts is "tort reform"—or, as claimants' lawyers are fond of calling it, "tort deform." There are many different kinds of "tort reforms," most of them adopted by legislation, but some by judicial decision. A principal advocate for defendants in a variety of risky businesses is the American Tort Reform Association, the activities of which include representation in both courts and legislatures. A specific target of reformers is the contingency fee used by plaintiffs' lawyers, which gives them a percentage of total awards, often beginning at one-third. Plaintiffs' lawyers were inclined to applaud a rule that did not require them to show general acceptance of methodologies their experts offered. A legislative tort reform that blends hazardous products and medicine grew out of efforts by plaintiffs' lawyers to mass-produce litigation over asbestos and silica.
