Nafta Meets the American Torts Process: O'Keefe V. Loewen
Michael I. Krauss
George Mason University School of Law
George Mason Law Review, Vol. 9, No. 1, pp. 69-98, Fall 2000
George Mason Law & Economics Research Paper No. 07-39
The systematic bias against out-of-state defendants in American tort law is acutely illustrated in the important Mississippi case, O'Keefe v Loewen. This case, which resulted in the bankruptcy of the Canadian defendant, has itself become an international cause celebre because of the NAFTA challenge it has spawned. In this article, the factual backdrop of the case is described, the NAFTA challenge analyzed, and the implications of the challenge for tort reform are discussed.
Number of Pages in PDF File: 31
Keywords: NAFTA, O'Keefe, Loewen, out-of-state defendants, tort reform
JEL Classification: K13Accepted Paper Series
Date posted: May 28, 2001 ; Last revised: November 9, 2007
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