“Klein commits the rhetorical fallacy of argument by assertion,” said Jerry Theodorou, a policy director at the R Street Institute, a think tank that promotes free-market solutions. “No proof. No evidence. No support. No data. No facts…”

Theodorou argues that Klein is wrong: Good data about litigation and social inflation is, in fact, available. He points to a recent analysis by the Rand Corporation, which notes that court filings per capita rose about 10% from 2012 to 2019.