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Are tort cases on route to extinction?

December 3, 2010

Is it a healthy trend when it is far more likely that an American’s exposure to our civil court system may well be to fight foreclosure rather than to fight for compensation for an injury? 

The Pop Tort blog reports  on National Center for State Courts’ recent study that shows tort case filings have plummeted to less than 4 percent of the civil caseloads in 7 states reporting in 2008, a drop of 6 percent in one year.   Contract cases, shot up 27 percent from 2007-2008, propelled by the foreclosure explosion.  Thus,  73 percent of the civil cases  were contractual in nature, foreclosure suits and the like. 

At this rate, tort cases are disappearing from the dockets at such an alarming rate that there will soon be a time when few will remember what it was to pursue civil justice in our justice system.  Is this trend good?  Or does it signify that  justice is more and more a rarity for the injured victim faced with skyrocketing court costs and low ceilings for damages?


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