It is Friday which means the TortsProf blog's guest blogger series is back. Today's guest blogger is Max Kennerly, host of Ligitation and Trial, which is one of my favorites. For his guest post at TortsProf, he has chosen the topic of access to the courts and how civil procedure law often is determinative of the outcome of tort disputes.
Given changes in procedural rules and practices, he writes, in part, that "the real question in tort law that determines cases today is decreasingly a question of when one party will be liable to another and increasingly a question of when we allow an injured party to access the judicial system at all" and that many court decisions "reflect, at bottom, a policy choice made by our courts, particularly the Supreme Court, to give preferential treatment to defendants in complicated disputes..."
You should read his full comment here.