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Multi-party litigation refers to different legal mechanisms that facilitate groups of litigants with similar causes of action to bring consolidated legal claims to court. The rise of collective action regimes around the world reflects a trend in civil litigation which offers an alternative to...
Persistent link: https://www.econbiz.de/10014264232
This chapter deals with the enforceability of U.S. opt-out class actions in continental Europe, with special attention to Italy, France and Spain. The study sets out by a thorough analysis of U.S. precedents concerning the availability of extra-compensatory damages in complex litigation (among...
Persistent link: https://www.econbiz.de/10013098841
Neuroscientific evidence is increasingly being offered in court cases. Consequently, the legal system needs neuroscientists to act as expert witnesses who can explain the limitations and interpretations of neuroscientific findings so that judges and jurors can make informed and appropriate...
Persistent link: https://www.econbiz.de/10014145973
-deductible. Consequently, they claim that there is an under-punishment problem because defendants are penalized at lower damages amounts than …
Persistent link: https://www.econbiz.de/10012892523
This is a survey of economic analysis of law, that is, of the emerging field under which the standard tools of microeconomics are employed to identify the effects of legal rules and their social desirability. Five basic subject areas are covered. The first is legal liability for harm. Here we...
Persistent link: https://www.econbiz.de/10014024839
This paper empirically examines the impact of entrepreneurial firm plaintiff litigation on the ability of entrepreneurial firms to obtain venture capital (VC), and the subsequent effect on VC exit outcomes. This empirical context is important, as both the costs of litigation and potential...
Persistent link: https://www.econbiz.de/10013115080
This paper empirically examines the interaction between entrepreneurial plaintiff firm litigation and venture capital (VC). The data indicate that, relative to non-plaintiffs, firms that litigate prior to [after] obtaining VC (1) receive financing from less [more] reputable venture capitalists...
Persistent link: https://www.econbiz.de/10012998535
The prosecution of criminals is costly, and subject to errors. In contrast to adversarial court procedures, the prosecutor is regarded as an impartial investigator and aide to the judge in inquisitorial justice systems. We show in a sequential prosecution game of a Bayesian court that a...
Persistent link: https://www.econbiz.de/10012243502
Prior research suggests that class membership is higher in opt-out models than in opt-in models. One of the main concerns with an opt-out model is that it causes a tension with the principle of party autonomy (litigant autonomy). This study explores this tension as well as whether an opt out...
Persistent link: https://www.econbiz.de/10013008855
For psychologists, bounded rationality reflects the presence of cognitive dissonance and/or inconsistency, revealing that people use heuristics (Tversky and Kahneman (1974)) rather than sophisticated processes for the assessment of their beliefs. Recent research analyzing litigations and...
Persistent link: https://www.econbiz.de/10014195853