Pepperdine University
Touro College Jacob D. Fuchsberg Law Center
Washington University School of Law
Pacific McGeorge School of Law
University of Arkansas at Little Rock William H. Bowen School of Law
University of Maryland School of Business
Jenner & Block LLP
University of Nevada, Las Vegas -- William S. Boyd School of Law
Current Litigation,
2017
St. John's University School of Law
Contingent Fee Litigation In New York City,
2017
Claremont McKenna College
Contingent Fee Litigation In New York City, Eric Helland, Daniel M. Klerman, Brenda Dowling, Alexander Kappner
University of Southern California Legal Studies Working Paper Series
Since 1957, New York courts have required contingent fee lawyers to file “closing statements” that disclose settlement amounts, lawyers’ fees, an accounting of expenses, and other information. This article provides preliminary analysis of these data for the period 2004-2013. Among this article’s findings are that settlement rates in New York state courts are very high (84%) relative to previous studies, that very few cases are resolved by dispositive motions, that litigated cases and settled cases have almost exactly the same average recovery, that median litigation expenses, other than attorney’s fees, are 3% of gross recovery, that claims are ...
Maybe There's No Bias In The Selection Of Disputes For Litigation,
2017
Claremont McKenna College
Maybe There's No Bias In The Selection Of Disputes For Litigation, Eric Helland, Daniel M. Klerman, Yoon-Ho Alex Lee
University of Southern California Legal Studies Working Paper Series
New York “closing statement” data provide unique insight into settlement and selection. The distributions of settlements and adjudicated damages are remarkably similar, and the average settlement is very close to the average judgment. One interpretation is that selection effects may be small or non-existent. Because existing litigation models all predict selection bias, we develop a simple, no-selection-bias model that is consistent with the data. Nevertheless, we show that the data can also be explained by generalized versions of screening, signaling, and Priest-Klein models.
Esea Title I Litigation - Update,
2017
St. John's University School of Law
Esea Title I Litigation - Update, Charles H. Wilson, Esq., Williams & Connolly, Washington, D.C.
The Catholic Lawyer
No abstract provided.
Mass Torts—Maturation Of Law And Practice,
2017
Pace University
Mass Torts—Maturation Of Law And Practice, Paul D. Rheingold
Pace Law Review
Mass tort litigation has been with us for about fifty years. This is dating the start from the MER/29 litigation in 1964. This field of law and practice has grown year after year, and it shows no sign of abating. At the same time, it can be said that this area of law and procedure has reached a mature stage; the practice is fairly standardized and earlier experiments have either become the model or have been abandoned.
The term “mass tort litigation” (MTL), as used in this article, confines itself to product liability personal injury cases involving similar injuries ...
Acciones De Clase, “Microdaños” A Los Consumidores Y Fluid Recovery: Alternativas Institucionales Y Costos Sociales,
2017
ALACDE
Acciones De Clase, “Microdaños” A Los Consumidores Y Fluid Recovery: Alternativas Institucionales Y Costos Sociales, Pamela Tolosa
The Latin American and Iberian Journal of Law and Economics
Usually, class actions have advantages in dealing with negative expected-value claims by consumers —when the expected cost of claiming exceeds the expected benefits of doing so—. In those cases, it is assumed that affected consumers do not have incentives to sue. Consequently, class action can be seen as a device to internalize the social costs of harms caused to consumers. Nevertheless, in order to achieve such a goal, the condemnatory sentence or the settlement agreement must be effectively enforced. In that stage of proceedings, the lack of incentives for claiming consumer damages is frequent. Fluid recovery or cy prés mechanims ...
The Aftermath Of Care V. Cow Palace And The Future Of Rcra In Cafo Cases,
2017
American University Washington College of Law
The Aftermath Of Care V. Cow Palace And The Future Of Rcra In Cafo Cases, Lauren Tavar
Sustainable Development Law & Policy
No abstract provided.
Water, Water, Nowhere: Adapting Water Rights For A Changing Climate,
2017
American University Washington College of Law
Water, Water, Nowhere: Adapting Water Rights For A Changing Climate, Caleb Hall
Sustainable Development Law & Policy
No abstract provided.
Ridding Pes Systems Of The “Pay To Pollute” Principle: Pes Optimization Strategies,
2017
American University Washington College of Law
Ridding Pes Systems Of The “Pay To Pollute” Principle: Pes Optimization Strategies, Kelly Carlson
Sustainable Development Law & Policy
No abstract provided.
Indoor Aquaponics In Abandoned Buildings: A Potential Solution To Food Deserts,
2017
American University Washington College of Law
Indoor Aquaponics In Abandoned Buildings: A Potential Solution To Food Deserts, Lisa Tomlinson
Sustainable Development Law & Policy
No abstract provided.
Investing In Resiliency: Prioritizing Water Systems And Investing In Green Infrastructure,
2017
American University Washington College of Law
Investing In Resiliency: Prioritizing Water Systems And Investing In Green Infrastructure, Caitlin Cutchin
Sustainable Development Law & Policy
No abstract provided.
You Probably Shouldn’T Build There: Watershed-Based Land Use Strategies For Mitigating Global Climate Change In New Jersey’S Freshwater Systems,
2017
American University Washington College of Law
You Probably Shouldn’T Build There: Watershed-Based Land Use Strategies For Mitigating Global Climate Change In New Jersey’S Freshwater Systems, Matthew Knoblauch
Sustainable Development Law & Policy
No abstract provided.
About Sdlp,
2017
American University Washington College of Law
Rjr Nabisco And The Runaway Canon,
2017
Cornell Law School
Rjr Nabisco And The Runaway Canon, Maggie Gardner
Maggie Gardner
In last Term’s RJR Nabisco, Inc. v. European Community, the Court finished transforming the presumption against extraterritoriality from a tool meant to effectuate congressional intent into a tool for keeping Congress in check. In the hands of the RJR Nabisco majority, the presumption has become less a method for interpreting statutes than a pronouncement on the proper scope of access to U.S. courts, a pronouncement that Congress must labor to displace. Besides the worrisome implications for separation of powers, the majority’s opinion was also disappointing on practical grounds. By applying the presumption too aggressively, the Court missed ...
Newsroom: Logan Quoted In Bloomberg News On Opiod Litigation 08-16-2017,
2017
Bloomberg News
Newsroom: Logan Quoted In Bloomberg News On Opiod Litigation 08-16-2017, Jef Feeley, Jared S. Hopkins
Life of the Law School (1993- )
No abstract provided.
The Stricter Standard: An Empirical Assessment Of Daubert’S Effect On Civil Defendants,
2017
Selected Works
The Stricter Standard: An Empirical Assessment Of Daubert’S Effect On Civil Defendants, Andrew Jurs, Scott Devito
Scott DeVito
No abstract provided.
The Geography Of Climate Change Litigation: Implications For Transnational Regulatory Governance,
2017
University of Minnesota
The Geography Of Climate Change Litigation: Implications For Transnational Regulatory Governance, Hari M. Osofsky
Hari Osofsky
This Article aims to forward the dialogue about transnational regulatory governance through a law and geography analysis of climate change litigation. Part II begins by considering fundamental barriers to responsible transnational energy production. Part III proposes a place-based approach to dissecting climate change litigation and a model for understanding its spatial implications. Parts IV through VI map representative examples of climate change litigation in subnational, national, and supranational fora. The Article concludes by exploring the normative implications of this descriptive geography; it engages the intersection of international law, international relations, and geography as a jumping-off point for a companion article.
A Study Of The Costs Of Legal Services In Personal Injury Litigation In Ontario: Final Report,
2017
Osgoode Hall Law School of York University
A Study Of The Costs Of Legal Services In Personal Injury Litigation In Ontario: Final Report, Allan C. Hutchinson
Allan C. Hutchinson
Contingency Fee Agreements (CFAs) are now a fixed feature of the Ontario litigation landscape. However, little research or study has been done on exactly how they operate in practice, whether they advance the objectives that they were intended to achieve, and whether litigants are best served by the current arrangements. In this study, I intend to make a preliminary start to that research, set out some tentative criticisms of the CFA system as it currently operates, and, where appropriate, suggest preliminary proposals for change.
It should be said at the outset that my efforts to obtain real and serious data ...
Newsroom: Rwu Law Welcomes New Director Of Business Law Programs And The Corporate Counsel Externship Program July 19, 2017,
2017
Roger Williams University
Newsroom: Rwu Law Welcomes New Director Of Business Law Programs And The Corporate Counsel Externship Program July 19, 2017, Roger Williams University School Of Law
Life of the Law School (1993- )
New
The Use And Reliability Of Federal Nature Of Suit Codes,
2017
University of Georgia
The Use And Reliability Of Federal Nature Of Suit Codes, Christina L. Boyd, David A. Hoffman
Faculty Scholarship
When filing a civil case in a federal district court, attorneys must identify one, and only one, of ninety issue area nature of suit (NOS) codes that best describes their case. While this may seem like a trivial moment in litigation, the selection of this single descriptor has significant implications for court statistics, empirical research findings, and the allocation of resources to federal courts, including judgeships. Despite the import of NOS codes, there is little within the process of choosing them to guarantee reliability in the selected NOS codes. To assess how reliable NOS codes are, we examine a database ...
