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Full-Text Articles in Law
Which Chance Was Lost?, Jonathan Koehler
Which Chance Was Lost?, Jonathan Koehler
Faculty Working Papers
The loss of chance doctrine in medical malpractice cases holds that when a doctor is responsible for reducing a patient's chance of survival by some percentage, the patient (or the patient's estate) should be compensated by the doctor for that percentage loss. Compensation is often determined by multiplying the value of a patient's life by the lost chance. This paper investigates psychological factors that my affect a legal decision maker's evaluation of damage awards in loss of chance cases. A paper and pencil experiment and a large-scale mock jury study (the latter using videotaped trials) are conducted to investigate the …
Justice Required: Using A Preservation-Of-Court-Access Approach To Forum Non Conveniens In Five International Product-Injury Case Studies, Jeffrey A. Van Detta
Justice Required: Using A Preservation-Of-Court-Access Approach To Forum Non Conveniens In Five International Product-Injury Case Studies, Jeffrey A. Van Detta
Northwestern Journal of International Law & Business
The American federal courts have used a questionable common law procedural rule to erect a virtually impenetrable barrier for those injured in other countries by products or industrial activities of U.S.-based multinationals. This barrier exists as the forum non conveniens ("FNC") rule. Section II briefly reviews the current problems that the FNC rule causes and explains its origins. In Section III, I describe my doctrinal shift away from the FNC rule to a preservation-of-court-access statute. I demonstrate in Section IV, the focus of the article, how applying that statute would change the outcome of actual product injury cases filed by …