Report to the Joint Committee of the California Legislature on Tort Liability on the Problems Associated with American Motorcycle Association v. Superior Court

The California Legislature Joint Committee on Tort Liability was formed in response to complaints regarding the high cost of liability insurance and the assertion of insurers that the uncertainty of the tort liability system allows higher and more frequent recoveries for liability claims. Because of the controversy aroused by American Motorcycle Association v. Superior Court, the Committee requested Professor Fleming to prepare this report identifying and analyzing those areas that are properly the subject of legislative action and that remain unresolved in the opinion. The unedited Report is reprinted here with the permission of the Committee.