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Determinants of non-economic damages in medical malpractice settlements and litigations : evidence from Texas since 1988
Zhou, Jun - 2010
There have long been claims that compensations for noneconomic damages are random because tort law does not provide clear guidance regarding these compensations. I investigate, in both settled and tried medical malpractice cases, whether noneconomic damage payments are arbitrary and what...
Persistent link: https://www.econbiz.de/10008823155
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Are pain and suffering awards (un-)predictable? : evidence from Germany
Flatscher-Thöni, Magdalena; Leiter, Andrea M.; Winner, … - 2015
This paper assesses the widely held belief that damages for pain and suffering are random or arbitrary. We empirically analyze the differential impact of a plaintiff's personal characteristics, pain-specific circumstances and a lawsuit's procedural features on such payments. Relying on a dataset...
Persistent link: https://www.econbiz.de/10010532504
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Non-economic damages in medical malpractice appeals : does the jurisdiction make a difference?
Amaral-Garcia, Sofia - 2015
This article assesses predictors of payouts and non-economic damages in medical malpractice cases decided by the Spanish Supreme Court from 2006 until 2010. Medical malpractice cases can be judged in administrative or civil courts, and this distinction heavily relies on the type of hospital...
Persistent link: https://www.econbiz.de/10011334453
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Proving Corporate Criminal Liability for Negligence in Vessel Management and Operations : An Allision-Oil Spill Case Study
Allen, Craig H. - 2012
, possibly leading to civil and even criminal liability.It now seems clear that criminal liability for the harm caused by a … article examines one particular aspect of the emerging development: the potential criminal liability of the vessel owner or … that the owner's or operator's criminal liability may be based on either vicarious liability for the criminal acts of a …
Persistent link: https://www.econbiz.de/10013113390
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Measurement of Restitution : Coordinating Restitution with Compensatory Damages and Punitive Damages
Rendleman, Doug - 2011
Courts apply compensatory damages, restitution, and punitive damages to formulate litigants' civil remedies. The frequently contested policy justifications for these three remedies are often hazy and uncertain. The transitions between the three remedies are disputed. Lawyers and courts often...
Persistent link: https://www.econbiz.de/10013123105
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Incentives for Care, Litigation, and Tort Reform under Self-Serving Bias
Landeo, Claudia M. - 2012
This chapter presents a strategic model of incentives for care and litigation under asymmetric information and self-serving bias, and studies the effects of damage caps. Our main findings are as follows. First, our results suggest that the defendant's bias decreases his expenditures on accident...
Persistent link: https://www.econbiz.de/10013099050
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The Exxon Valdez Litigation Marathon : A Window on Punitive Damages
Sharkey, Catherine M. - 2014
The Exxon Valdez litigation marathon - a protracted, two-decade-long battle over the propriety and constitutionality of the jury's $5 billion punitive damages award - provides a window into the past, present, and future of punitive damages. Acting akin to a common law court under federal...
Persistent link: https://www.econbiz.de/10013070017
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The Future of Classwide Punitive Damages
Sharkey, Catherine M. - 2013
Conventional wisdom holds that the punitive damages class action is susceptible not only to doctrinal restraints imposed on class actions but also to constitutional due process limitations placed on punitive damages. Thus, it would seem that the prospects for punitive damages classes are even...
Persistent link: https://www.econbiz.de/10013075152
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Non-Economic Damages in Medical Malpractice Appeals : Does the Jurisdiction Make a Difference?
Amaral-Garcia, Sofia - 2015
This article assesses predictors of payouts and non-economic damages in medical malpractice cases decided by the Spanish Supreme Court from 2006 until 2010. Medical malpractice cases can be judged in administrative or civil courts, and this distinction heavily relies on the type of hospital...
Persistent link: https://www.econbiz.de/10013014904
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Driven to Safety : Robot Cars and the Future of Liability
Research, AAJ - 2017
, or insurance policies to match, traditional approaches to liability when there are crashes may have to evolve. Such … might fit in an eventual driverless world it is strict liability. Under a strict liability regime, the claimant need only … control. A strict liability system would ensure manufacturers have an incentive to make their vehicles as safe as possible …
Persistent link: https://www.econbiz.de/10012963577