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The Future of Classwide Punitive Damages

Sharkey, Catherine M. - 2013

Conventional wisdom holds that the punitive damages class action is susceptible not only to doctrinal restraints imposed on class actions but also to constitutional due process limitations placed on punitive damages. Thus, it would seem that the prospects for punitive damages classes are even...

Persistent link: https://www.econbiz.de/10013075152

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/10013014904

Driven to Safety : Robot Cars and the Future of Liability

Research, AAJ - 2017

, or insurance policies to match, traditional approaches to liability when there are crashes may have to evolve. Such … might fit in an eventual driverless world it is strict liability. Under a strict liability regime, the claimant need only … control. A strict liability system would ensure manufacturers have an incentive to make their vehicles as safe as possible …

Persistent link: https://www.econbiz.de/10012963577

Transposition of the Antitrust Damages Directive Into Spanish Law

Marcos, Francisco - 2018

This paper analyses the legal measures adopted to implement Directive 2014/104/EU into Spanish law. After briefly looking at the context of private enforcement of competition law in Spain, it examines the process followed for the transposition and the issues discussed before the adoption of the...

Persistent link: https://www.econbiz.de/10012926120

Empirical Analysis of Tort Damages

Viscusi, W. Kip - 2012

This article examines the procedures for determining damages in tort cases and assesses the empirical characteristics of these damages. Damages for economic loss involve noncontroversial economic concepts that seek to make the victim whole from a financial standpoint. Nevertheless, there is...

Persistent link: https://www.econbiz.de/10013112559

Disputing Limited Liability

Boyd, Christina L. - 2010

call into question existing normative and descriptive approaches to the disputation of limited liability and contribute to …

Persistent link: https://www.econbiz.de/10013150710

To Regulate, Litigate, or Both

Helland, Eric - 2010

In the United States insurance is regulated both by state insurance commissions and class action litigation. The interaction of these two systems has not been extensively studied. We examine four different facets of the regulation litigation tradeoff. The first is to examine whether a...

Persistent link: https://www.econbiz.de/10013151431

Tainted Loans : The Value of a Mass Torts Approach in Subprime Mortgage Litigation

Brescia, Raymond H. - 2010

Persistent link: https://www.econbiz.de/10013152485

The Evolution of a Legal Rule

Niblett, Anthony - 2008

The efficiency of common law rules is central to achieving efficient resource allocation in a market economy. While many theories suggest reasons why judge-made law should tend toward efficient rules, the question whether the common law actually does converge in commercial areas has remained...

Persistent link: https://www.econbiz.de/10012724734

Legislative Intervention in the Law of Negligence : The Common Law, Statutory Interpretation and Tort Reform in Australia

McDonald, Barbara - 2006

issues of the test for breach of duty, liability for inherent and obvious risks generally and in the context of recreational …

Persistent link: https://www.econbiz.de/10012779269