New Jersey is not the only state that is seeing an increase in the number of cases filed by plaintiffs who have suffered no real harm – be it physical, emotional, or economic. This so-called “empty suit” litigation is a national phenomenon.


A new article from attorneys Victor Schwartz (of the famed “Schwartz on Torts” casebook) and Cary Silverman of Shook, Hardy & Bacon L.L.P. explores the different forms these lawsuits take, and argues that we must do something to curtail them.


Click here to read The Rise of “Empty Suit” Litigation. Where Should Tort Draw the Line?, 80 Brook. L. Rev. 599 (2015).  


Click here to listen to a podcast on the article that was hosted by the Federalist Society.