In CA 1093/07 Bachar v. Fokmann [2009] (request for additional hearing denied, 2010) , the Israeli Supreme Court has formed a formula for calculating the deduction of NII payments from a tort victim's claim, when only some of the victim's impairment is causally linked to the tortious act in...

We consider the optimal liability rule in the case of accidents by fully autonomous vehicles. We show that when due activity is not enforceable, it is socially optimal to apply the strict liability rule to the human operator who determines the activity level and to apply the negligence rule to...

Courts typically base compensation for loss of income in personal injury cases on either mean or median work income. Yet, quantatively, mean and median incomes are typically very different. For example, in the US median income is 65 percent of mean income. In this paper we use economic theory to...

Courts typically base compensation for loss of income in personal injury cases on either mean or median work income. Yet, quantatively, mean and median incomes are typically very different. For example, in the US median income is 65 percent of mean income. In this paper we use economic theory to...

Little is known about the economics of plaintiff-side law firms, which typically work on a contingency fee basis. We begin here to fill that gap. We report on the fees received by 124 plaintiff-side personal injury firms located in four states (Illinois, Texas, and two additional undisclosed...

Exceptions do not exist in a vacuum; in fact, exceptions to a principle are usually formed using those principles to which it is an exception. Even so, United States courts interpreting the “accident” requirement of the Montreal Convention — an exception to traditional tort law regarding...

As economic restructuring was changing many state functions, the New Zealand Law Commission under the Presidency of Sir Owen Woodhouse undertook its own review of ACC, vigorously reaffirming the Woodhouse principles in its 1988 Report, while proposing further extensions of the scheme. This...

What is the appropriate lump-sum compensation for loss of work income in personal injury cases? Since generally future work income is not known with certainty, compensation for its loss must be based on statistical considerations. Typically, courts have based awards on mean or median work...

Federal courts have recently required proof of classwide injury to certify a class action for monetary remedies. Proof of classwide injury is defined as proof, which is common to the class, that the defendant's unlawful conduct injured every member of the class. This article argues that the...

A basic principle of law is that damages paid by a liable party should equal the harm caused by that party. However, this principle is not correct when account is taken of litigation costs, because they too are part of the social costs associated with an injury. In this article we examine the...