The distribution of blockbuster punitive damages awards has fat tails similar to the distributions of losses from natural disasters. Extremely large awards occur more often and are more difficult to predict than if blockbuster awards were distributed normally. The size and predictability of...

This paper takes an early look at the concussion-related issue for the NFL on how to take care of former NFL players who are currently suffering, often because of concussions they sustained while playing in the NFL. It discusses the Merril Hoge suit, the first case in the US based on a team...

This short paper focuses on the problem of reference class in evidentiary assessment as it relates to probability and weight of evidence. The reluctance to inject mathematical formalism into the factfinding function is justified. Objective probability requires a reference class from which a...

This Article is the first comprehensive study of how American courts have resolved conflicts of laws arising from cross-border torts over the last four decades. This period coincides with the confluence of two independent forces: (1) a dramatic increase in the frequency and complexity of...

The NCAA expends substantial resources to insure that the distinction between amateur and professional sports is maintained in collegiate athletics. Preserving the boundary lines between amateur and professional sports is more than an attempt to ensure philosophical purity or a nostalgic quest...

The trend toward greater liability to one's opponents in litigation is but one example of the overall diffusion of attorney responsibility. This may represent either greater animosity aimed at attorneys or broader liability across the board in society. Other explanations include a diffusion of...

This article is about the pharma patent litigation sparked by Lundbeck’s blockbuster drug for 'escitalopram', a drug used for treating depression and generalized anxiety disorder. The article focuses on the trials and tribulations before the Dutch Patent Court of Appeal and the Supreme Court,...

In 2011, the U.S. Supreme Court decided two cases regarding the scope of the "minimum contacts" test for permissible exercises of personal jurisdiction. In one case, relying on ill-defined notions of sovereignty, a plurality of the Justices of the U.S. Supreme Court ruled that a worker injured...

This paper analyses what the decision in Bolagsupplysningen and Ilsjan (C-194/16) means for transborder intellectual property infringement disputes. In this case, the Court of Justice of the European Union extended “the centre of interests” basis of jurisdiction under Art. 7(2) of EU...

This Article explores the background of the Louisiana Health Emergency Powers Act (“LHEPA”), including proclamations that have summoned its current applicability, historical development, and, most importantly, Lejeune v. Steck, the only reported case to date involving the LHEPA. The Author...