 They also note that the choice of the 1992 start date is misleading, because the largest increase in the number of tort cases occurred between 1970 and 1992.They also argue that the use of the median, rather than the mean, is a misleading statistic for measuring the magnitude of the litigation problem.Supporters frequently base their claims of an "explosion" in the costs of tort litigation based on annual studies by Tillinghast/Towers Perrin, a major consultant to the insurance industry.