Category Archives: Remedies and Procedure

Friehe and Gabuthy, ‘On Plaintiff Preferences Regarding Methods of Compensating Lawyers’

ABSTRACT This paper analyzes a litigation contest in which the plaintiff’s lawyer and the defendant choose effort. The plaintiff selects the relative importance of a contract component related to the judgment (similar to contingent fees) and a component related to the lawyer’s efforts (similar to conditional fees) to ensure lawyer participation and guide the lawyer’s […]

Liu and Hyman, ‘Targeting Bad Doctors: Lessons from Indiana, 1975-2015’

ABSTRACT For physicians, quality of care is regulated through the medical malpractice and professional licensing/disciplinary systems. The medical malpractice (med mal) system acts through ex post private litigation; the licensing system acts through ex ante permission to practice (ie, licensure), coupled with ex post disciplinary action against physicians who engage in ‘bad’ behavior. How often […]

Ridge and Dietrich, ‘Challenging Conceptions of Accessory Liability in Private Law’

ABSTRACT This article concerns recent challenges to the utility of ‘accessory liability’ as an organising principle or concept in private law and argues that accessory liability is a coherent body of law with common features that is worthy of separate, holistic treatment. We defend a conceptual framework for accessory liability which is dynamic in its […]

‘UK Supreme Court decision in Vedanta: Finding a proper balance between Brussels I and the English common law rules of jurisdiction’

“On 10 April 2019, the UK Supreme Court passed its long awaited decision in Vedanta v Lungowe confirming that Zambian citizens, who have suffered from the environmental pollution caused by mining operations in Zambia, can pursue in England claims against Vedanta Resources Plc, an English-domiciled parent company, and Konokola Copper Mines plc, its foreign subsidiary […]

Tory Weigand, ‘Tort Law – The Wrongful Demise of “but for” causation’

ABSTRACT The observation by Professor Dobbs that ‘[t]he substantial factor test is not so much a test as an incantation’ remains compelling. The continued and widespread use of ‘substantial factor’ in lieu of ‘but for’ as the predominate means of defining causation in any multiple defendant or multiple cause case is troubling. ‘Substantial factor’ was […]

‘UK Supreme Court Judgment in Vedanta

“Thank you to Veerle Van den Eeckhout for the tip-off. On 10 April 10 2019, the UK Supreme Court handed down its much anticipated judgment in the ‘Vedanta’ case. The judgment is currently raising many comments and discussions on Corporate Social Responsibility …” (more) [Thalia Kruger, Conflict of Laws .net, 20 April]

Michaela Merryfield, ‘(You’re) Having My Baby: Surrogacy Fees as a Cost of Future Care Award in Canadian Tort Law’

ABSTRACT In April 2017, the BC Supreme Court released its decision in Wilhelmson v Dumma. After a horrific motor vehicle collision in which she was critically injured, the plaintiff was left unable to bear children. Justice Sharma, in a precedent-setting decision, awarded the plaintiff $100,000 for future surrogacy fees under the head of cost of […]

Bielen, Grajzl and Marneffe, ‘The resolution process and the timing of settlement of medical malpractice claims’

ABSTRACT We draw on uniquely detailed micro-level data from a Belgian professional medical liability insurer to examine how different procedural and legal events that take place during the unfolding of a medical malpractice claim influence the timing of its settlement. Utilizing the competing risks regression framework, we find that settlement hazard is all else equal […]

‘Yet another farming/proprietary estoppel case …’

“Once again, farming and family squabbles are to the fore in a recent proprietary estoppel case: just out (dropped?) on BAILII – Guest v Guest [2019] EWHC 869 (Ch). The case was heard in Bristol by HH Judge Russen. Spoiler – the claimant was found to have made out his case …” (more) [Bracton’s Sister, […]

Michael Moffitt, ‘Settlement Malpractice’

ABSTRACT Lawyers routinely settle lawsuits or advise their clients about settlement. One might expect, therefore, that clients routinely complain about some aspect of their lawyers’ settlement services. Ten years of data from eleven jurisdictions paint a vivid, different picture: although the vast majority of civil lawsuits are resolved through negotiated settlements and although complaints against […]