31 Pages Posted: 28 May 2001 Last revised: 9 Nov 2007
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.
Keywords: NAFTA, O'Keefe, Loewen, out-of-state defendants, tort reform
JEL Classification: K13
Suggested Citation: Suggested Citation
Krauss, Michael I., Nafta Meets the American Torts Process: O'Keefe V. Loewen. George Mason Law Review, Vol. 9, No. 1, pp. 69-98, Fall 2000; George Mason Law & Economics Research Paper No. 07-39. Available at SSRN: https://ssrn.com/abstract=271265