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Multi-Party Litigation and Third-Party Funding of Litigation as a Response to Globalisation

Boland, Michael James - 2023

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

Clash of Systems : Discovery in U.S. Litigation Involving Chinese Defendants

Campbell, Ray Worthy - 2017

Persistent link: https://www.econbiz.de/10012964835

M&A Break Fees : US Litigation vs. UK Regulation

Coates, IV, John C. - 2010

-offs between litigation and regulation as modes of governance, including how laws change under each regime over time. Data on 1 … approach (litigation in the UK, regulation in the US), even within the domain of M&A law. Subject to strong limits on external … regulation and litigation, even for otherwise similar nations in a similar context, and that a combination of interest groups …

Persistent link: https://www.econbiz.de/10013150915

A Class Action Model for Antitrust Damages Litigation in the European Union

Polverino, Fabio - 2006

This paper reviews the legal and economic structure of the class action litigation model in the United States, as set forth by rule 23 of US civil procedure, exploring the requirements for obtaining class certification and maintaining a class action. I analyze a number of critical issues and...

Persistent link: https://www.econbiz.de/10012733001

Do Litigants Settle When They Face Non-Reformist Judges? Evidence From French Labor Courts

Nizza, Umberto - 2019

Are more cases settled when judges are elected among the most belligerent trade unions? In the specific case of French employment courts, the answer is broadly negative. This article provides evidence of the minor role that judges have on alternative dispute resolution in and out of court....

Persistent link: https://www.econbiz.de/10012896402

Justifications, Excuses, and Affirmative Defenses

Mungan, Murat C. - 2019

A defendant who admits to having committed an offense may nevertheless be acquitted if he can provide a legally cognizable justification or excuse for his actions by raising an affirmative defense. This article explains how affirmative defenses generate social benefits in the form of avoided...

Persistent link: https://www.econbiz.de/10012897945

Signaling, Learning, and Screening Prior to Trial : Informational Implications of Preliminary Injunctions

Jeitschko, Thomas D. - 2012

Preliminary injunctions (PIs) are important in litigation in many settings, including antitrust, copyright, patent, trademark, employment and labor relations, and contracts. The filing of a PI and the court's ruling generate information that can impact settlement. We find that some plaintiffs...

Persistent link: https://www.econbiz.de/10013117008

The Economics of Judicial Proof (L'Economie de la Preuve Judiciaire) (French)

Fluet, Claude - 2011

This article develops a simple model using the economist's toolkit to analyze the mechanism of judicial proof. The survey focuses on the notions of burden of proof, legal presumptions, standard of proof, on legal procedure and on the judge's role during the proceedings. The rules of proof are...

Persistent link: https://www.econbiz.de/10013130638

Litigation with Inalienable Judgments

Hovenkamp, Erik; Salop, Steven C. - 2022

We study strategic behavior by private litigants when courts' judgments are "inalienable" in the sense that it is unlawful to contract around them ex post. Inalienable judgments arise in many contexts, including antitrust, labor law, intellectual property, unfair competition, and various types...

Persistent link: https://www.econbiz.de/10013294314

Digital Justice : Online Resolution of Minor Civil Disputes and the Use of Digital Technology in Complex Litigation and Class Actions

Cashman, Peter Kenneth; Ginnivan, Eliza - 2019

This article focuses on two ends of the civil justice spectrum. At one end are high-volume, low-value disputes confined to specific facts and legal issues unique to the disputing parties. Many of these disputes do not presently enter the traditional civil justice system. At the other end are...

Persistent link: https://www.econbiz.de/10014105442