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Appellate caseload and the switch to comparative negligence

Author

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  • De Mot, Jef
  • Faure, Michael
  • Klick, Jonathan

Abstract

The switch from contributory to comparative negligence is thought to have been motivated primarily out of a concern for justice. We offer a different perspective. Language in state supreme court decisions suggests that some judges thought the switch would reduce appeal rates. We hypothesize that courts were more likely to make the switch when their appellate caseloads are relatively high. To examine this, we estimate hazard models, showing that states with appellate courts where caseloads grew relatively faster made the switch more quickly, and the effect was more pronounced for the switch to the pure, as opposed to the modified, form of comparative negligence.

Suggested Citation

  • De Mot, Jef & Faure, Michael & Klick, Jonathan, 2015. "Appellate caseload and the switch to comparative negligence," International Review of Law and Economics, Elsevier, vol. 42(C), pages 147-156.
    • Handle: RePEc:eee:irlaec:v:42:y:2015:i:c:p:147-156
    DOI: 10.1016/j.irle.2015.01.003
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    References listed on IDEAS

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    Cited by:

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    2. Zhan, Chaoqun & Qiao, Shitong, 2024. "Workload, legal doctrine, and judicial review in an authoritarian regime: A study of expropriation judgments in China," International Review of Law and Economics, Elsevier, vol. 80(C).

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