CRS Report on Federal Tort Reform Legislation

In, Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes, the Congressional Research Service (via OpenCRS) considers the constitutionality of federal tort reform legislation, such as the products liability and medical malpractice reform proposals that have been introduced for the last several Congresses. Part I of the report concludes that there would appear to be no due process or federalism (or any other constitutional) impediments to Congress’s limiting a state common law right of recovery. The only exception concerns requiring alternative dispute resolution that limits the right to a jury trial.  Part II considers alternative dispute resolution alternatives, some of which could have constitutional problems.  The report concludes with a a strong argument may be made that Congress has the power to eliminate jury trials in tort actions brought in state court, but this is uncertain.  [RJ]