Working Paper No. 07-39:
NAFTA meets the American Torts Process: O'Keefe v. Loewen

Author(s): Michael Krauss

Date Posted: 2007

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Abstract:

The systematic bias against out-of-state defendants in American tort law is acutely illustrated in the important Mississippi case, O'Keefe v Loewen. This case, which resulted in the bankruptcy of the Canadian defendant, has itself become an international cause celebre because of the NAFTA challenge it has spawned. In this article, the factual backdrop of the case is described, the NAFTA challenge analyzed, and the implications of the challenge for tort reform are discussed.