Rule 82 & Tort Reform: An Empirical Study of the Impact of Alaska’s English Rule on Federal Civil Case Filings
Alaska is the only American state that employs a variation of the “English Rule,” whereby the losing party in a civil case must pay the prevailing party’s attorneys’ fees. In recent years, advocates of tort reform have praised Alaska’s Civil Rule 82 as a model for tort reform to help rid the overbur...
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Duke University School of Law
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ftdukeunivlaw:oai:scholarship.law.duke.edu:alr-1172 2023-05-15T13:08:50+02:00 Rule 82 & Tort Reform: An Empirical Study of the Impact of Alaska’s English Rule on Federal Civil Case Filings Rennie, Douglas C. 2012-06-01T07:00:00Z application/pdf https://scholarship.law.duke.edu/alr/vol29/iss1/1 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1172&context=alr unknown Duke University School of Law https://scholarship.law.duke.edu/alr/vol29/iss1/1 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1172&context=alr Alaska Law Review Law text 2012 ftdukeunivlaw 2023-01-23T21:07:26Z Alaska is the only American state that employs a variation of the “English Rule,” whereby the losing party in a civil case must pay the prevailing party’s attorneys’ fees. In recent years, advocates of tort reform have praised Alaska’s Civil Rule 82 as a model for tort reform to help rid the overburdened courts of low merit claims. But does Rule 82 really reduce meritless litigation? This study compares civil case filings in the District of Alaska to a sample of other comparable federal district courts. Although filings in the District of Alaska were lower than the national average, they were indistinguishable from the remainder of the sample. Other measures also failed to demonstrate any significant differences between civil cases in the District of Alaska and the other districts. These results suggest that reformers looking to reduce meritless litigation should look elsewhere for model reform measures. Text Alaska law review Alaska Duke Law School Scholarship Repository |
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Law Rennie, Douglas C. Rule 82 & Tort Reform: An Empirical Study of the Impact of Alaska’s English Rule on Federal Civil Case Filings |
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Law |
description |
Alaska is the only American state that employs a variation of the “English Rule,” whereby the losing party in a civil case must pay the prevailing party’s attorneys’ fees. In recent years, advocates of tort reform have praised Alaska’s Civil Rule 82 as a model for tort reform to help rid the overburdened courts of low merit claims. But does Rule 82 really reduce meritless litigation? This study compares civil case filings in the District of Alaska to a sample of other comparable federal district courts. Although filings in the District of Alaska were lower than the national average, they were indistinguishable from the remainder of the sample. Other measures also failed to demonstrate any significant differences between civil cases in the District of Alaska and the other districts. These results suggest that reformers looking to reduce meritless litigation should look elsewhere for model reform measures. |
format |
Text |
author |
Rennie, Douglas C. |
author_facet |
Rennie, Douglas C. |
author_sort |
Rennie, Douglas C. |
title |
Rule 82 & Tort Reform: An Empirical Study of the Impact of Alaska’s English Rule on Federal Civil Case Filings |
title_short |
Rule 82 & Tort Reform: An Empirical Study of the Impact of Alaska’s English Rule on Federal Civil Case Filings |
title_full |
Rule 82 & Tort Reform: An Empirical Study of the Impact of Alaska’s English Rule on Federal Civil Case Filings |
title_fullStr |
Rule 82 & Tort Reform: An Empirical Study of the Impact of Alaska’s English Rule on Federal Civil Case Filings |
title_full_unstemmed |
Rule 82 & Tort Reform: An Empirical Study of the Impact of Alaska’s English Rule on Federal Civil Case Filings |
title_sort |
rule 82 & tort reform: an empirical study of the impact of alaska’s english rule on federal civil case filings |
publisher |
Duke University School of Law |
publishDate |
2012 |
url |
https://scholarship.law.duke.edu/alr/vol29/iss1/1 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1172&context=alr |
genre |
Alaska law review Alaska |
genre_facet |
Alaska law review Alaska |
op_source |
Alaska Law Review |
op_relation |
https://scholarship.law.duke.edu/alr/vol29/iss1/1 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1172&context=alr |
_version_ |
1766134053728157696 |