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The Article presents a comprehensive proposal for assigning liability in tort cases according to the parties’ respective degrees of fault. The authors criticize the Court of Appeals of Maryland’s recent decision in Coleman v. Soccer Association of Columbia declining to abrogate contributory negligence, particularly the court’s notion that it should not act because of the legislature’s repeated failure to do so. The Article provides a comprehensive analysis of the advantages and disadvantages of comparative fault, including its effect on administrative costs, claims frequency, claims severity, insurance premiums, and economic performance. The authors propose the legislative enactment of comparative fault and …

Mass tort litigation, the civil justice system's response to a large number of claims deriving from a product or event, is one of the most dynamic, contested, and financially significant areas of tort law. Prominent examples include asbestos litigation, pharmaceutical litigation, the BP oil spill, and the suit by September 11th first responders. Using a system originally designed for individuals to resolve the claims of groups creates many challenges on both a theoretical and practical level.