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extra-compensatory damages in complex litigation (among others, Shady Grove Orthopedic Assoc. v. Allstate Ins. Co.), and …, constructive dialog between criminal and civil punitive sanctions, especially in the field of mass litigation …
Persistent link: https://www.econbiz.de/10013098841
This article concerns the recent case of Georges v United Nations, which constitutes, to date, the most elaborate public law challenge to the principle of UN immunity from suit and private law attempt at procuring compensation from the UN for alleged malfeasance. Despite the fact that it relates...
Persistent link: https://www.econbiz.de/10014344204
A number of recent corporate law scandals (including the Wells Fargo fraudulent accounts scandal, the Volkswagen emissions scandal, sexual harassment claims at Fox News and CBS, and various banking scandals currently under investigation in a high profile Australian Royal Commission) epitomize...
Persistent link: https://www.econbiz.de/10012850505
litigation choices during divorce as emotional, even irrational, actors. This assumption requires different responses when …
Persistent link: https://www.econbiz.de/10012771951
Courts assessing compensatory damages awards often lack adequate information to determine the value of a victim's loss. A central reason for this problem, which the literature has thus far overlooked, is that courts face a dilemma when applying their standard information-forcing tool to the...
Persistent link: https://www.econbiz.de/10012935655
The distribution of blockbuster punitive damages awards has fat tails similar to the distributions of losses from natural disasters. Extremely large awards occur more often and are more difficult to predict than if blockbuster awards were distributed normally. The size and predictability of...
Persistent link: https://www.econbiz.de/10013078700
This Article is the first comprehensive study of how American courts have resolved conflicts of laws arising from cross-border torts over the last four decades. This period coincides with the confluence of two independent forces: (1) a dramatic increase in the frequency and complexity of...
Persistent link: https://www.econbiz.de/10014211298
In their seminal 1972 article, "Property Rules, Liability Rules, and Inalienability: One View of the Cathedral," Guido Calabresi and A. Douglas Melamed proposed an analytic framework for comparing entitlements protected by property rules and liability rules. Their article has become one of the...
Persistent link: https://www.econbiz.de/10014173756
The basic rule in civil litigation is that the plaintiff carries the burden of proof and the general standard of proof … the actual standard of proof in civil litigation is higher than 51%. This phenomenon is likely due to factfinders …
Persistent link: https://www.econbiz.de/10014181038
The Patient Protection and Affordable Care Act of 2010 tackles many health care-related issues, but medical malpractice liability reform is not one of them. Despite being a perennial target of health care reform -- with accompanying assertions that a medical malpractice liability crisis is...
Persistent link: https://www.econbiz.de/10014186355