Creation and Application of Mississippi Tort Reform Law

This study is an investigation of the power of the tort reform issue to drive the Mississippi legislature to create new tort reform statutes and drive the court to determine their proper application. It explores the issue’s influence through the channels of interest groups and the media prior to the passage of tort reform legislation. The study also looks at how the issue continues to drive debate through the state judiciary. In the study of interest groups, this investigation analyzes campaign contributions through PACs and by the individual and national organizations, as well as examining non-flnancial tactics used by these groups. These tactics were mostly described in personal interviews. The exploration of the media centers on critical analysis of print and broadcast journalism pieces. The investigation of the courts consists of case study and exarnination of court composition. Through this exploration, I found that interest group activity concerning tort reform reached peak levels for several groups, each for unique reasons. I also found that media coverage of this topic was extensive but rarely objective. Since the passage of tort reform legislation, the courts have yet to decide a case challenging their provisions. Precedent from previous tort provisions and from neighboring state courts suggests, however, that the courts will generally uphold these statutes. The conservative makeup of the court also suggests deference to the legislature. Through each of these areas, the tort reform issue has inspired Mississippians to encourage the legislature to create change in the area of civil procedure. As the needs of Mississippians change, the issue will likely drive the legislature, or possibly the judiciary, to continue acting on tort policy