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Federal Civil Justice Reform in the 108th Congress: An Analysis of the Criteria for Legislative Action

By Victor E. Schwartz

Tort reform has been heavily discussed and debated over the last twenty years. Any reform will have an impact on product liability litigation. If one looks over the past two decades, three criteria suggest what initiatives might be successful for federal civil justice reform in 2003. First, there has to be a real problem; second, a clear need for federal action; and third, a fair bill that is in the interests of the public and not a mere bailout for wrongdoers.

The Need For A Real Problem: Almost everyone has concerns about lawsuit abuse. There are too many lawsuits, verdicts are too high, and the rain of lawsuits is hurting everyone's business. Something must be done about it. For Congress to address the problem it must be more than a general complaint about lawsuits; the problem must be very real and very serious. The problem has to have a unique aspect to it that cries out for immediate relief.

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