The current study examined the association between perceived injustice (assessed by the Injustice Experiences Questionnaire) and intent to litigate in a sample of individuals who had recently suffered a spinal cord injury and were currently on an inpatient rehabilitation unit. Higher perception of injustice was associated with reported interest in litigation. In logistic regression analyses, pe...

This paper analyzes civil litigation between a plaintiff and a defendant who exert costly effort in a tournament game. In the unique Nash equilibrium the litigant with the stronger case is more likely to win, but there is distortion in the sense that the equilibrium probability of success is closer to 0.5 than the prior is. A cost-shifting rule determines the proportion of the winner’s costs re...

The U.S. health care system relies on tort litigation as a means of protecting patients and consumers from medical malpractice. The system of tort litigation has contributed to the U.S. having the highest health care spending per capita of any nation, but it has not resulted in superior quality of care. This work argues that tort litigation in health care is actually detrimental to patient safe...

Traditionally, in the United Kingdom and Europe the surgeon was generally not troubled by litigation from patients presenting as elective as well as emergency cases, but this aspect of custom has changed. Litigation by patients now significantly affects surgical practice and vicarious liability often affects hospitals. We discuss some fundamental legal definitions, a must to know for a surgeon,...

Litigation is a sequential process. Litigants learn new information. They adjust their strategies in response to that information. The dominant economic models of litigation, however, assume that litigation is a single stage process, and that adjustments to the mean and variance of a lawsuit's payoffs are adequate to capture the implications of the learning, adaptation, and uncertainty that cha...

This article begins by introducing the basic economic framework for studying litigation and out-of-court settlement. One set of issues addressed is positive (or descriptive) in nature. Under what conditions will someone decide to file suit? When do cases settle out of court? Normative issues are also addressed. Are these private litigation decisions in the interest of society more broadly? Next...

Objective: Expert witness testimony is crucial for juror decision making. The goals of this study were to examine the trends in malpractice litigation in plastic surgery and to examine the characteristics of expert witnesses in litigation. Methods: The Westlaw legal database was queried for jury verdict and settlement reports related to plastic surgery cases from 2009 to 2015. Cases were examin...

We begin with the premise that private class actions for money damages can yield significant social benefits. Class actions for damages can provide compensation for modest but non-trivial losses suffered by widely dispersed but similarly positioned persons as a result of the negligence or illegal behavior of others, allowing recovery for losses that cannot practically be achieved through indivi...

Abstract Climate change litigation (climate litigation) has increased worldwide partly due to governments enacting laws comply with global climate agreements, as well courts playing a pivotal role in developing related precedents. By analysing Tanzania’s the context of trends, one may observe that have addressed critical aspects litigation, although their doing so not been fully acknowledged so...

81 Domestic litigation has become a principal strategy for realizing international treaty obligations for the human right to health, providing causes of action for the public’s health and empowering individuals to raise human rights claims for HIV prevention, treatment, and care. In the past 15 years, advocates have laid the groundwork on which a rapidly expanding enforcement paradigm has arise...