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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...
Persistent link: https://www.econbiz.de/10013151431
This Article is the first comprehensive study of how American courts have resolved conflicts of laws arising from cross-border torts over the last four decades. This period coincides with the confluence of two independent forces: (1) a dramatic increase in the frequency and complexity of...
Persistent link: https://www.econbiz.de/10014211298
A deeply entrenched principle in the law of fraud and negligent misrepresentation provides that damages can be recovered only upon a showing of reliance. To prevail, plaintiffs must not only establish the mere falsity of a statement, but also show that they had acted upon the statement and...
Persistent link: https://www.econbiz.de/10013061590
plaintiffs, have faced an increasing number of large-dollar liability claims centered on the aggregate settlement rule: that is …
Persistent link: https://www.econbiz.de/10012998666
Following the first oil crisis, France launched the world’s largest ever nuclear energy program, commissioning 58 new … reactors. These reactors are now reaching 40 years of age, the end of their technological lifetime. This places France at an … optimization model, calibrated for France. Then we use it to study 27 retrofit strategies for all combinations of uncertain …
Persistent link: https://www.econbiz.de/10011643870
Civil liability of rating agencies has to strike a balance between over-deterrence and overly lax behavior control. The … or liability caps …
Persistent link: https://www.econbiz.de/10013088984
What it means to fully compensate a plaintiff can depend on whether one approaches the question from an efficiency perspective, a corrective justice view, or some other normative stance. One formulation of “compensation” is prominent in theoretical work and in the day-to-day operation of the...
Persistent link: https://www.econbiz.de/10014195290
systems of regulation and liability operate complementarily. The question is why two legal tools that are meant to achieve and …-marketing surveillance duties, and ex-post facto liability, linked to the pre-marketing available knowledge. Since the key issue in both … regulatory and liability assessments related to pharmaceuticals is the one of “relevant knowledge”, we claim that the legal …
Persistent link: https://www.econbiz.de/10013124248
would instead randomly select one of the firm's sources of risk, determine the firm's liability at that source, and apply … that outcome perforce as determinative of liability at all of the sources. The proposal significantly reduces monitoring …
Persistent link: https://www.econbiz.de/10012732649
The free public services doctrine (also known as the municipal cost recovery rule) states that a government entity may not recover from a tortfeasor the costs of public services occasioned by the tortfeasor's wrongdoing. This article traces the history of the doctrine and argues for its...
Persistent link: https://www.econbiz.de/10014115182