Monday, November 19, 2012

Jury Nullification and Comparative Negligence: New Law Review Article

Eli Best and John J. Donohue, Jury Nullification in Modified Comparative Negligence Regimes, 79 U. Chi. L. Rev. 945

Abstract:
This paper analyzes jury findings from nearly one thousand negligence suits to determine whether juries in modified comparative negligence jurisdictions apportion percentages of negligence differently than juries in pure comparative negligence jurisdictions. We find that juries in modified comparative negligence jurisdictions are substantially less likely to find that a plaintiff was more than 50% negligent. This evidence of jury manipulation strengthens the case for pure comparative negligence, which we argue is already superior on theoretical and policy grounds.

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