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...

Since 2007, all insurance intermediaries face negligence liability that is supposed to reallocate risks and set economic incentives. Nonetheless, further measures are taken to improve consumer protection. So, the question arises does the liability rule influence the agents behavior, or not, and...

How should intermediaries influence the insurance demand decision? The answer must refer to the interdependence of economic determinants and legal duties. Intermediaries potentially guide demand decisions by delivering objective information and by considering individuals' situation and economic...

The worldwide integration of capital markets makes progress and has led both issuers and investors to being active on various markets on both sides of the Atlantic. In times of financial crises, this brings one question into the centre of attention which had not been discussed exhaustively...

Expertise is increasingly being recognized as an important component to enhance boards' and directors' effectiveness. In view of the increasing relevance of special skill/ expertise in specific industries, this study offers insights to policy makers to improve corporate governance and directors'...

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...

This Article addresses the normative issues raised by the use of statistical sampling to adjudicate large case aggregations. In its recent decision, Wal-Mart Stores, Inc. v. Dukes, the Supreme Court referred to sampling pejoratively as “Trial by Formula.” This Article argues that the...

The Court of Justice of the European Union recently handed down a decision on a novel question which, when combined with other developments relating to reforms of antitrust damages claims, could have serious consequences for the future of antitrust damages claims in Ireland and the European...

This article considers the landscape for “unbundled” legal assistance in New Zealand. The author draws on and discusses the substantial international literature and data from a study conducted on litigants in person in the New Zealand civil court. The author concludes that unbundling may...