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- Empirical legal studies (2)
- American jury system (1)
- Case selection (1)
- Compensatory damages awards (1)
- David Steinberg (1)
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- Federal courts (1)
- Forum shopping (1)
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- Jury nullification (1)
- Litigiousness of potential plaintiffs (1)
- Plaintiff win rates (1)
- Punitive damages awards (1)
- Relationship between compensatory and punitive damages awards (1)
- Removal effect (1)
- Selection of cases for litigation (1)
- Transfer of venue (1)
- Trial rates (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Juries: Arbiters Or Arbitrary?, Jeffrey J. Rachlinski
Juries: Arbiters Or Arbitrary?, Jeffrey J. Rachlinski
Cornell Law Faculty Publications
The Predictability Of Punitive Damages, Theodore Eisenberg, John Goerdt, Brian Ostrom, David Rottman, Martin T. Wells
The Predictability Of Punitive Damages, Theodore Eisenberg, John Goerdt, Brian Ostrom, David Rottman, Martin T. Wells
Cornell Law Faculty Publications
Using one year of jury trial outcomes from 45 of the nation's most populous counties, this article shows a strong and statistically significant correlation between compensatory and punitive damages. These findings are replicated in 25 years of punitive damages awards from Cook County, Illinois, and California. In addition, we find no evidence that punitive damages awards are more likely when individuals sue businesses than when individuals sue individuals. With respect to award frequency, juries rarely award punitive damages and appear to be especially reluctant to do so in the areas of law that have captured the most attention, products liability …
Simplifying The Choice Of Forum: A Reply, Kevin M. Clermont, Theodore Eisenberg
Simplifying The Choice Of Forum: A Reply, Kevin M. Clermont, Theodore Eisenberg
Cornell Law Faculty Publications
We have three things to think about here, as the real estate agents say—“location, location, location.” Accordingly, the two of us have engaged for several years in empirical studies aimed at gauging the effect of forum on case outcome. The results to date strongly suggest that forum really matters. An early piece of the puzzle fell into place in our study of venue. In that article, we examined the benefits and costs of the federal courts scheme of transfer of civil venue “in the interest of justice.” Ours was a pretty straightforward and simple cost-benefit analysis, but we supported it …
The Litigious Plaintiff Hypothesis: Case Selection And Resolution, Theodore Eisenberg, Henry S. Farber
The Litigious Plaintiff Hypothesis: Case Selection And Resolution, Theodore Eisenberg, Henry S. Farber
Cornell Law Faculty Publications
The process through which cases are selected for litigation cannot be ignored because it yields a set of lawsuits and plaintiffs that is far from a random selection either of potential claims or of potential claimants. We present a theoretical framework for understanding the operation of this suit-selection process and its relationship to the underlying distribution of potential claims and claimants. The model has implications for the trial rate and the plaintiff win rate at trial. Our empirical analysis, using data on over 200,000 federal civil litigations, yields results that are strongly consistent with the theory.