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Retaliatory RICO and the Puzzle of Fraudulent Claiming.

Nora Freeman Engstrom1

  • 1Stanford Law School.

Michigan Law Review
|April 6, 2017
PubMed
Summary

The tort liability system faces scrutiny for fraud, prompting retaliatory RICO lawsuits. This analysis examines the prevalence of fraudulent claims and the effectiveness of current fraud-deterrent mechanisms within tort law.

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Area of Science:

  • Law and Society
  • Legal Studies
  • Torts

Background:

  • The tort liability system is frequently criticized for incentivizing fraudulent claims and legal extortion.
  • Lawmakers have historically curtailed access to legal redress based on these allegations.
  • Corporate defendants increasingly use Racketeer Influenced and Corrupt Organizations (RICO) suits against plaintiffs and legal teams.

Purpose of the Study:

  • To empirically investigate the prevalence and conditions of fraudulent claims in the tort system.
  • To assess the sufficiency and operation of existing formal and informal fraud-deterrent mechanisms.
  • To analyze the benefits and risks of retaliatory RICO suits in tort litigation.

Main Methods:

  • The study involves a critical review of existing literature and legal precedents.
  • It calls for empirical analysis of fraudulent claim data.
  • It examines the inventory and operational effectiveness of current fraud-deterrent mechanisms.

Main Results:

  • There is a significant lack of empirical data on the frequency and nature of fraudulent claims in tort law.
  • The effectiveness and operational details of conventional fraud-deterrent mechanisms are not well-documented.
  • The judicial acceptance of retaliatory RICO suits is increasing, but their overall impact remains unanalyzed.

Conclusions:

  • The current discourse on tort fraud and the use of RICO suits lacks empirical grounding.
  • Further research is needed to understand the true extent of fraud and the efficacy of deterrence strategies.
  • A comprehensive analysis of retaliatory RICO suits is necessary to evaluate their net benefit and associated risks in tort litigation.

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