"As long as we have a common law tort system, everything is subject to some flux in terms of theory - and common law is the one thing we took from the British, enshrined and kept for our entire history as a nation and used in 49 states..."We took everything except the "loser pays" rule, where the loser of a tort action pays the winner's court costs. That's what they do in England, and they don't have our lawyer "lottery" problem. Or insurance problem.