Torts and Compensation Systems, Sponsored by Administrative Law, Insurance Law, and Internet and Computer Law

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Session Type: Section Programs

Session Capacity: N/A

Location: Hilton New Orleans Riverside

Room: Grand Salon Section 10

Floor: First Floor

This program will consider tort law and the shrinking administrative state. Among the questions panelists might explore are: How might gutting agencies like the CFPB and CPSC affect tort litigation? Will recent developments at the federal level — including Chevron’s demise — affect states’ willingness to embrace federal regulatory standards? How might recent events impact state-level tort-reform movements? How might evidentiary and causation issues in tort lawsuits be affected? Despite cutbacks at federal agencies, is federal preemption likely to expand in some areas and diminish in others? Should state AGs and agencies now play a greater role in protecting consumers? Will the shrinking administrative state help or hinder remedial innovation? And, most fundamentally, can tort law serve as an effective backstop to administrative retrenchment?