One significant problem with a federally initiated tort reform bill is Congress' inability to regulate state court procedural and substantive rules. The federal government's judicial rulemaking purview extends only towards federal courts, and as such, if Congress were to enact a tort reform measure, state courts would not be subject to the new rules (unless individual state legislatures chose to modify their own state court rules to mirror federal tort reform).
Source: http://en.wikipedia.org/wiki/Tort_reform
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