Abstract

http://ssrn.com/abstract=139971
 


 



The Beam in Thine Eye: Judicial Attitudes Toward 'Early
Offer' Tort Reform


Jeffrey O'Connell


University of Virginia School of Law

Ralph Muoio


Caplin and Drysdale

August 1997

University of Illinois Law Review, Vol. 1997, No. 2, 1997

Abstract:     
Professor O'Connell has recently drafted a statute that would allow a defendant in a personal injury tort suit to make an early settlement offer to pay an injured's economic damages. Under his proposal, a defendant need not make such an offer and if no offer is made, normal common-law tort principles apply. However, if an offer is made and a claimant does not accept the offer, the claimant will face a higher burden of proof at trial and the defendant will be held to a lower standard of care. In this article, originally delivered as a lecture at the University of Illinois College of Law, Professor O'Connell and Mr. Muoio respond to one of the possible stumbling blocks this proposal faces: the possible resistance of the judiciary to such reform. They begin their response by illustrating the irony of such a stance given the broad immunity afforded the judiciary. They then contrast this immunity with the expansion of liability for other professionals largely propelled by that same judiciary. Finally, the authors conclude that, given the unfairness often involved in second-guessing professional decisions, the early offer approach is a better solutions in dealing with tort liability. The judiciary therefore should be receptive to it.

Accepted Paper Series





Not Available For Download

Date posted: November 18, 1998  

Suggested Citation

O'Connell, Jeffrey and Muoio, Ralph, The Beam in Thine Eye: Judicial Attitudes Toward 'Early Offer' Tort Reform (August 1997). University of Illinois Law Review, Vol. 1997, No. 2, 1997. Available at SSRN: http://ssrn.com/abstract=139971

Contact Information

Jeffrey O'Connell (Contact Author)
University of Virginia School of Law ( email )
580 Massie Road
Charlottesville, VA 22903
United States
804-924-7809 (Phone)
804-924-7536 (Fax)

Ralph Muoio
Caplin and Drysdale
Suite 1100, One Thomas Circle, NW
Washington, DC 20005
United States
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