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April 19, 2018

Which Parts of Tort Reform Apply When an Injury Occurs Outside the Forum State?

By David N. Allen, Benjamin S. Chesson, Anna C. Majestro

For The Defense

Reprinted with permission from DRI – The Voice of the Defense Bar’s For The Defense, April 2018

As part of wide-ranging tort reform in the United States, state legislatures have enacted a number of measures for defendants to improve their position in defending tort actions. These reforms range from substantive provisions, including caps on the amount of recoverable damages, to procedural rules, including mandatory bifurcation of trials. And since tort reform is occurring on the state level, personal injury litigation in one state may dramatically differ both procedurally and substantively from personal injury litigation in a neighboring state.