Tort Reform and Injuries Occurring Outside the Forum State: Issue by Issue Conflicts of Laws Analysis

Rare is the lawsuit that has connections to only one jurisdiction. The world is interconnected. Injuries occur in one state; plaintiff or plaintiffs seek redress in another.

Some states have enacted “tort reform” laws that cap damages, require bifurcation of certain issues for trial, and restrict the admissibility of certain kinds of evidence. But for a plaintiff’s choosing to file suit in an “unreformed” jurisdiction, the defendant would be able to take advantage of a foreign state’s reforms.

By considering every potential state that might govern the substantive elements of a case, a defendant may be able invoke a foreign state’s tort reform laws. Plaintiffs need to be aware when this is happening.

Listen as the panel discusses issue by issue choice of law analysis and how it impacts both plaintiffs and defendants.