Showing 101 - 110 of 676,529
Persistent link: https://www.econbiz.de/10012221760
This paper examines the law and economics of third-party financed litigation. I explore the conditions under which a … insurers, to patent trolls, and to financiers generally …
Persistent link: https://www.econbiz.de/10013117592
discusses the benefits of large claim and small claim class actions and reviews the costs of class litigation, including agency …
Persistent link: https://www.econbiz.de/10013125038
aggregations. Second, this Article evaluates sampling in the context of an outcome-oriented rights-based theory. In this connection …
Persistent link: https://www.econbiz.de/10013108713
Litigation aims at resolving conflicts. In this chapter we survey the law and economics literature on litigation to … of litigation, including applications in adversarial and inquisitorial procedures, fee-shifting, consolidation and …
Persistent link: https://www.econbiz.de/10013086119
This paper empirically compares civil procedure in common law and civil law countries. Using World-Bank and hand-collected data, and unlike earlier studies that used predecessor data sets, this paper finds no systematic differences between common and civil law countries in the complexity,...
Persistent link: https://www.econbiz.de/10013151399
representative litigation. The article critiques the Seventh Circuit's approach in Felzen v. Andreas, which held that unnamed …'s approach reflects a misunderstanding of the true nature of derivative litigation. This article argues that a more flexible …
Persistent link: https://www.econbiz.de/10012779539
The hallmark of Judge Posner's class action decisions is rigorous review to ensure that aggregate litigation serves the … of the agency problems that pervade class action litigation, ordinary adversary procedures were not sufficient to protect …
Persistent link: https://www.econbiz.de/10012895753
' litigation (notably the status of `representatives' suing on behalf of the class of alleged victims, and the availability of … claims for compensation or money) (section IV) and opt-in arrangements and group litigation (see section V).Subject to … controls, England has embraced group litigation (opt-in) and that it continues to offer representative proceedings (opt …
Persistent link: https://www.econbiz.de/10013058392
We study the economics of litigation with a particular focus on litigation finance. Based on an extensive data set … extension that includes litigation finance. Using these models, we arrive at three main insights about the implications of … litigation finance. First, compared to law firms, litigation funders prefer high-risk litigation, which can enable access to …
Persistent link: https://www.econbiz.de/10013289072