Talking Points for Litigation and Lawyers by Joanne Doroshow, Esq. The Business Council of New York admits this in a November 1998 report by its research arm, the Public Policy Institute. OCA is now counting as new tort filings cases that were never reported before 1992. Prior to 1992, a lawsuit was commenced simply by serving a summons and complaint. An index number was not purchased, and court papers not filed, until court intervention was required.
Businesses suing business are responsible for far more litigation than personal injury cases.
The National Center for State Court data says that more than one-third of all civil case filings in state courts are contract and property cases, most of which involve businesses. Ten times as many contract cases are filed as products liability and medical malpractice actions combined. Tort suits constitute only about five percent of these state court filings. Also, by 1988, contract cases were the largest category of civil cases in the federal court. For the same reason, the British insurance industry is among the most outspoken supporters of contingency fees in Britain, which is now moving towards widespread use of contingency fees for civil cases.