Showing 1 - 10 of 25,588
defendants’ liability insurance; (2) mass tort defendants typically retain control over their defense, even when they recover … product liability and product liability insurance that emerged near the end of the 20th Century, and (2) the increasingly …This article reports and explains four key findings about the difference between the role of insurance in mass tort …
Persistent link: https://www.econbiz.de/10014362146
insurance companies. One of the most notable and debated developments in the law of tort and insurance since the 1970s has been … closed claims database developed by the Insurance Research Council compiling thousands of closed claims under automotive … insurance policies by over 60 insurance companies. These claims include many categories of payments; we concentrated on claims …
Persistent link: https://www.econbiz.de/10013143565
There have long been claims that compensations for noneconomic damages are random because tort law does not provide clear guidance regarding these compensations. I investigate, in both settled and tried medical malpractice cases, whether noneconomic damage payments are arbitrary and what...
Persistent link: https://www.econbiz.de/10008823155
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...
Persistent link: https://www.econbiz.de/10010532504
This article assesses predictors of payouts and non-economic damages in medical malpractice cases decided by the Spanish Supreme Court from 2006 until 2010. Medical malpractice cases can be judged in administrative or civil courts, and this distinction heavily relies on the type of hospital...
Persistent link: https://www.econbiz.de/10011334453
, possibly leading to civil and even criminal liability.It now seems clear that criminal liability for the harm caused by a … article examines one particular aspect of the emerging development: the potential criminal liability of the vessel owner or … that the owner's or operator's criminal liability may be based on either vicarious liability for the criminal acts of a …
Persistent link: https://www.econbiz.de/10013113390
Courts apply compensatory damages, restitution, and punitive damages to formulate litigants' civil remedies. The frequently contested policy justifications for these three remedies are often hazy and uncertain. The transitions between the three remedies are disputed. Lawyers and courts often...
Persistent link: https://www.econbiz.de/10013123105
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...
Persistent link: https://www.econbiz.de/10013098841
This chapter presents a strategic model of incentives for care and litigation under asymmetric information and self-serving bias, and studies the effects of damage caps. Our main findings are as follows. First, our results suggest that the defendant's bias decreases his expenditures on accident...
Persistent link: https://www.econbiz.de/10013099050
The previous literature on comparative and contributory negligence points out that administrative costs are higher under comparative negligence because the courts must decide on the degree of negligence by both parties and not just whether the parties were negligent. In this article, I show that...
Persistent link: https://www.econbiz.de/10013099304