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...

In the United States insurance is regulated both by state insurance commissions and class action litigation. The interaction of these two systems has not been extensively studied. We examine four different facets of the regulation litigation tradeoff. The first is to examine whether a...

A potentially huge untapped resource of natural gas exists just offshore almost every coastal state in the world, the resource called methane hydrates. The opportunities for fiscal revenues, energy security, and freshwater resources will be attractive to many of those states; for many, the...

This study examines the impact of tort reform on minority access to medical care. Past research has investigated tort reform, but this is the first study to consider minority healthcare access. I examine 261 Metropolitan Statistical Areas (MSAs) from 1993-2000 to test the impact of non-economic...

The Coronavirus pandemic ( “COVID-19”) first broke out in Wuhan, the capital of Hubei Province in China in December, 2019. The infectious disease has since spread to six continents and many countries with dire human consequences and adverse impacts on the economies of various countries. The...

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...

When liability for environmental spills, product failures, or other types of accidents is imposed on firms with insufficient wealth, those firms may file for bankruptcy ---thereby becoming ''judgement proof''--- as soon as a major accident occurs. As a result, they are unlikely to choose...

In this paper, we argue that the joint use of ex-ante regulation and ex-post liability rules is efficient when there are uncertainty surrounding causal investigations and regulatory myopia. As these conditions are generally met in environmental cases, we provide an explanation for the frequent...

The present system for reparation of very large oil accidents at sea neither gives incentives to take efficient care, nor allow for compensation of all damages. The reason is that the magnitudes of the accidents that we study are so big that the total assets of the injurer are not sufficient to...