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This chapter explores class action nuisance suits by examining the plaintiffs that bring them. It focuses on merger litigation—claims brought by shareholders in the wake of corporate mergers and acquisitions transactions—and uses as evidence the litigation history of seven “frequent...
Persistent link: https://www.econbiz.de/10012847296
Entrepreneurial litigation is litigation in which the plaintiff's attorney functions as a risk-taking entrepreneur, financing, organizing, managing, and settling the litigation on behalf of numerous clients (who generally hold “negative value” claims), but with only modest oversight from the...
Persistent link: https://www.econbiz.de/10012967715
informational value because the damages awards overstate the intraportfolio harm. Our theory thus provides lawmakers with a …
Persistent link: https://www.econbiz.de/10014185555
The aim of this study is to elucidate whether arbitration offers advantages compared to the patent litigation system which is currently existing in Germany. To answer this question three essential characteristics of the current German patent litigation system are presented, i.e. the economic...
Persistent link: https://www.econbiz.de/10014360286
Considering the problematic nature of the judicial trend in attempting to avoid class action certification problems by adopting a reliance presumption in class actions, this paper argues that without careful limitations, courts risk compromising Federal Rule of Civil Procedure 23's commonality...
Persistent link: https://www.econbiz.de/10013300259
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
comprised solely of derivative lawsuits. This provides another unique research opportunity, as most litigation is comprised … almost entirely of only securities class actions or only derivative lawsuits. Thus, it is possible to compare and contrast … securities class actions with derivative lawsuits. This is particularly useful because some question the value of securities …
Persistent link: https://www.econbiz.de/10013000478
This article serves to introduce an aspect of current research related to the review of the Seychelles Civil Code and the important question of the role of trusts. The Civil Code is based on the Code Napoléon and has therefore no provision for the trust of English law. The Courts of Seychelles...
Persistent link: https://www.econbiz.de/10014129243
In this essay, we discuss empirical research on the economic effects of the civil justice system. We discuss research on the effects of three substantive bodies of law—contracts, torts, and property—and research on the effects of the litigation process. We begin with a review of studies of...
Persistent link: https://www.econbiz.de/10014023511
One of the central concerns about American policy-making institutions is the degree to which political outcomes can be influenced by interested parties. While the literature on interest group strategies in particular institutions - legislative, administrative, and legal - is extensive, there is...
Persistent link: https://www.econbiz.de/10014033827