Litigation finance companies have some incentives to screen plaintiffs applying for financing based on the strength of their claims, but a company may still have incentives to provide financing when the probability that a plaintiff would prevail at litigation is low. The result is that...

In nuisance-type cases, legal commentators generally recommend -- and the courts seem to increasingly use -- the award of damages rather than the granting of an injunction of the harmed party. This essay compares the economic consequences of injunctive and damage remedies under a variety of...

Commentary on the Canada-Saudi Arms Deal has honed in on its foreign policy and political economy elements. I embark from that literature to tackle one intersectional area that finds its roots in American legal circles, but remains nascent in Canada. Private tort claims can serve as a basis for...

This chapter provides a brief introduction to the scholarly conversation concerning burdens of persuasion. An adequate account of burdens must first explain what case-related facts the burden draws upon to produce outcomes. I review a variety of answers to this question, including probability...

Patent and false advertising damage awards are in disarray. Courts are imposing astronomically inflated awards that overcompensate companies for the infringement or deceptive practices. The culprit is the Choice Based Conjoint method—a survey based statistical method which seeks to estimate...

The purpose of this chapter is to survey the academic literature on the economics of litigation and to synthesize its main themes. The chapter begins by introducing the basic economic framework for studying litigation and out-of-court settlement. One set of issues addressed is positive (or...

This paper provides an analysis of 64 punitive damages awards of at least $100 million. Based on an inventory of these cases, there is evidence that these blockbuster awards are highly concentrated geographically, as two states account for 27 of the 64 awards. The awards also have been rising...

The essay deals with five broad themes. Firstly, the idea of rescue is embodied in the duty to act reasonably in tort law. Secondly, explains the judicial array of balances involved in rescue situations involving the victim, rescuer, and defendant. Thirdly, frames the arguments for and against a...

Despite accounting for a significant fraction of total litigation in Italy, small claims litigation has so far received little attention. Using a Ministry of Justice database that contains information disaggregated by subject matter, the paper provides a thorough description of the time trend...