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Determinants of non-economic damages in medical malpractice settlements and litigations : evidence from Texas since 1988
Zhou, Jun - 2010
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
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Are pain and suffering awards (un-)predictable? : evidence from Germany
Flatscher-Thöni, Magdalena; Leiter, Andrea M.; Winner, … - 2015
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
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Non-economic damages in medical malpractice appeals : does the jurisdiction make a difference?
Amaral-Garcia, Sofia - 2015
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
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Proving Corporate Criminal Liability for Negligence in Vessel Management and Operations : An Allision-Oil Spill Case Study
Allen, Craig H. - 2012
, 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
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Measurement of Restitution : Coordinating Restitution with Compensatory Damages and Punitive Damages
Rendleman, Doug - 2011
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
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Foreign Punitive Damages Decisions and Class Actions in Italy
Quarta, Francesco - 2012
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
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Incentives for Care, Litigation, and Tort Reform under Self-Serving Bias
Landeo, Claudia M. - 2012
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
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Comparative versus Contributory Negligence : A Comparison of the Litigation Expenditures
De Mot, Jef P. B. - 2012
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
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The Exxon Valdez Litigation Marathon : A Window on Punitive Damages
Sharkey, Catherine M. - 2014
The Exxon Valdez litigation marathon - a protracted, two-decade-long battle over the propriety and constitutionality of the jury's $5 billion punitive damages award - provides a window into the past, present, and future of punitive damages. Acting akin to a common law court under federal...
Persistent link: https://www.econbiz.de/10013070017
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Compensation and Punishment in Tort Law
Quarta, Francesco - 2013
Persistent link: https://www.econbiz.de/10013074576