Richard Marcus, ‘Brave New World: Technology and Tort Practice’

ABSTRACT
I am a civil procedure person, not an official torts person, but fairly often torts and civil procedure seem to be joined at the hip. And that seems particularly true with regard to the effects of technological change on tort litigation practice. I’ve been working on the Federal Rules of Civil Procedure for more than twenty years and find that it’s usually the torts cases that are the focus of the most intense disputes regarding procedure issues. For this Symposium, I intend to focus on five topics, but the last one is mainly an advertisement for the second panel at the Symposium:

(1) E-Discovery
(2) The more general impact of technology on torts practice
(3) The growing importance of technology on manner of proof
(4) The MDL ‘boom’
(5) TPLF – third party litigation funding

Marcus, Richard, Brave New World: Technology and Tort Practice (2021). Southwestern University Law Review, forthcoming.

First posted 2021-04-26 11:45:09

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