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Full-Text Articles in Law
Does Being A Repeat Player Make A Difference? The Impact Of Attorney Experience And 'Case Picking' On The Outcome Of Medical Malpractice Lawsuits, Ralph Peeples, Catherine Harris, Thomas Metzloff
Does Being A Repeat Player Make A Difference? The Impact Of Attorney Experience And 'Case Picking' On The Outcome Of Medical Malpractice Lawsuits, Ralph Peeples, Catherine Harris, Thomas Metzloff
Ralph Peeples
No abstract provided.
Adr Approach To Environmental Litigation, Krishna Kumari Areti
Adr Approach To Environmental Litigation, Krishna Kumari Areti
Krishna Kumari Areti prof
Though in the beginning ADR was restricted to civil litigation slowly it has entered in to the sphere of criminal law. With the changing times, we have to introduce ADR to other areas also, where there is more litigation and where the traditional courts would take time in resolving the issues. One such area is environmental litigation. The nature of the litigation in the environmental sphere is not complex. In case mediation is used as a tool of dispute resolution rather than litigation in the traditional courts, the results would be more fruitful. The unique characteristics of environmental litigation require …
Trademark Extortion: The End Of Trademark Law, Kenneth L. Port
Trademark Extortion: The End Of Trademark Law, Kenneth L. Port
Kenneth L. Port
Trademark litigation in America today is undergoing a profound change. Based on a review of all trademark cases reported since the Lanham Act took effect, this article concludes that this profound change is due to 鍍rademark extortion,・the use of strike suits and the like to deter market entrants. All 7,500 reported trademark decisions between 1947 and 2005 were read. Of those, 2,659 were truly substantive cases that terminated a trademark law suit. The claimant of a trademark right prevailed only 51% of the time. They prevailed in getting an injunction in only 55% of those cases demanding one. Only 5.5% …
Substitution, Shaun Martin
Substitution, Shaun Martin
Shaun Martin
Rule 25 of the Federal Rules of Civil Procedure is a relatively obscure, but critical, procedural provision. When parties merge, die, become incompetent, are replaced in office, or assign their interests, Rule 25 allows the litigation to persist, and does so (at least in theory) without substantial substantive alteration in the litigation. This seemingly straightforward provision has been increasingly utilized by parties and federal courts, particularly as underlying economic transactions potentially relevant to litigation have become both more sophisticated and more commonplace. Although Rule 25 has been universally viewed as containing self-evident and entirely unproblematic principles, both in theory and …
Fee-Shifting Rules In Litigation With Contingency Fees, Kong-Pin Chen
Fee-Shifting Rules In Litigation With Contingency Fees, Kong-Pin Chen
Kong-Pin Chen
This article theoretically compares the British and American fee-shifting rules in their influences on the behavior of the litigants and the outcomes of litigation. We build up a comprehensive litigation model with asymmetric information and agency costs, which makes it possible to make comparison on a broad arrays of issues in a single unified framework. We then solve for the equilibria under both American and British rules, and thereby compare their equilibrium settlement amounts and rates, expenditures incurred in trials, as well as the plaintiff’s chances of winning and incentive to sue. The theoretical results are broadly consistent with existing …
Jackpot Justice: Verdict Variability And The Mass Tort Class Action, Byron G. Stier
Jackpot Justice: Verdict Variability And The Mass Tort Class Action, Byron G. Stier
Byron G. Stier
Mass tort scholars, practitioners, and judges struggle with determining the most efficient approach to adjudicate sometimes tens of thousands of cases. Favoring class actions, mass tort scholars and judges have assumed that litigating any issue once is best. But while litigating any one issue could conceivably save attorneys’ fees and court resources, a single adjudication of thousands of mass tort claims is unlikely to further tort goals of corrective justice, efficiency, or compensation in a reliable way. That is because, as recent empirical research on jury behavior shows, any one jury’s verdict may be an outlier on a potential bell …
Class Actions And Group Litigation In Switzerland, Samuel P. Baumgartner
Class Actions And Group Litigation In Switzerland, Samuel P. Baumgartner
Samuel P. Baumgartner
Class actions have gone global. Foreign parties are no longer a rarity in U.S. class litigation, among other developments. In addition to being named as defendants, foreigners increasingly form a significant part of the group of absent class members. U.S. courts have thus begun to consider some novel issues, including whether due process requires foreigners to be treated as an opt-in rather than an opt-out class; whether a judgment or settlement in the suit is capable of being enforced or recognized as res judicata abroad and thus whether class certification is justified in the first place; and whether a foreign …