‘In Search of the Missing Plaintiff’

David M Engel, The Myth of the Litigious Society: Why We Don’t Sue (2016). David Engel’s recent book, The Myth of the Litigious Society, has its roots in a piece published over two decades ago, by UCLA’s Richard Abel. In that piece, Abel challenged conventional wisdom by declaring that the ‘real tort crisis’ is an epidemic, not of overclaiming, but rather, the opposite. The tort system’s greatest defect, Abel asserted, is not its whimsical unpredictability or its excessive generosity. To the contrary, the tort system’s biggest shortcoming is that too few accident victims choose to enter the system at all … (more)

[Nora Freeman Engstrom, JOTWELL, 12 April]

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