Product Liability and Mass Torts

Legislation Impact Analysis

Legislation Impact Analysis

Claim filing rates in product liability cases are a function of economic and behavioral factors. For example, filing rates increase with higher claim values and decrease when individuals believe they bear some of the blame for the injury. The litigation environment will affect these factors, and hence, a plaintiff’s decision to bring a claim, the jurisdiction within which a claim is filed, and the value of claims filed.

NERA's experts track changes in the mass torts litigation environment both nationally and by state. We have observed that past tort reforms have affected filings rates (e.g., the barring of out-of-state claims in Mississippi led to a drop in in-state filings); and conversely, that high levels of claim filings can lead to tort reforms.
 
In forecasting claims or liabilities, our experts incorporate information on changes in the litigation environment, such as tort reform, to forecast how such reforms will affect filings rates or settlement dollars.

Name Title Location Phone Email
Lucy P. Allen Managing Director New York City +1 212 345 5913 lucy.allen@nera.com
Dr. Anne Gron Managing Director Chicago +1 312 573 2850 anne.gron@nera.com
Dr. Denise Neumann Martin Managing Director New York City +1 212 345 5296 denise.martin@nera.com
Dr. Faten Sabry Managing Director
Bankruptcy Practice Chair
New York City
London
+1 212 345 3285
+44 20 7659 8618
faten.sabry@nera.com
Mary Elizabeth C. Stern Director White Plains, NY +1 914 448 4054 mary.elizabeth.stern@nera.com
Title Type Author
Snapshot of Recent Trends in Asbestos Litigation: 2017 Update Report Mary Elizabeth C. Stern and Lucy P. Allen
Asbestos: Economic Assessment of Bans and Declining Production and Consumption Report By Lucy P. Allen, Mary Elizabeth C. Stern, Jorge Baez, and Frank George
Institutional Response to Tort System Breakdown: Asbestos Enters a New Phase Working Paper By Dr. Faten Sabry and Mary Elizabeth Stern with former NERA Senior Vice President Dr. Fred Dunbar
Costs of Asbestos Litigation and Benefits of Reform Study Dr. Denise Martin, Dr. Faten Sabry, and Dr. Stephanie Plancich et al.
Forecasting Claims in an Era of Tort Reform Published Article By Dr. Faten Sabry and former NERA Senior Vice President Dr. Fred Dunbar
Clearing Uninjured Plaintiffs From The Tort System: The Road To A Solution Published Article By Dr. Denise Martin with former NERA Senior Vice President Dr. Fred Dunbar