Commentators dispute whether excessive litigation or underlitigation is America’s real civil justice problem

Evidence

Other commentators, however, insist that the main problem confronting the U.S. system of civil justice is excessive litigation. From their perspective, the American propensity to litigate has in recent years produced a “litigation explosion,” overburdening the courts and weakening the domestic economy. The Agent Orange case by itself did not cause this problem, though it placed heavy demands on the courts during its six-year duration. It does, however, exemplify a type of case—one involving mass exposure to serious health risks—that has significantly increased the civil caseloads of federal and state courts. — G. Alan Tarr, Judicial Process and Judicial…, 1046

Categorization

• XREF: connects to: Critics argue the American civil justice system encourages excessive and wasteful litigation — G. Alan Tarr, Judicial Process and Judicial…, 1127; Opposing camps on litigation agree the civil justice system needs reform. — G. Alan Tarr, Judicial Process and Judicial…, 2334

Broader Connections

• Critics argue the American civil justice system encourages excessive and wasteful litigation #exemplifies (0.95) — G. Alan Tarr, Judicial Process and Judicial…, 1127
• Opposing camps on litigation agree the civil justice system needs reform. #expands (0.78) — G. Alan Tarr, Judicial Process and Judicial…, 2334