A woman who has been rendered infertile by a defendant’s wrong may wish to obtain damages for the cost of becoming parent through surrogacy arrangement. Such claim, which yet be brought before an Australian court, would raise two partially overlapping issues under law. First, claim must satisfy general requirement that person suffered personal injury can only recover expenses are necessary and ...

BACKGROUND Few investigations have addressed malpractice litigation after thyroid surgery. The purpose of this medico-legal review was to provide a more comprehensive picture of medico-legal trends in thyroid surgery. METHODS Reviewed were all expert opinions on claims of malpractice after thyroid surgery, commissioned between 1995 and 2010 at 1 tertiary center, and their corresponding verdic...

The four patent cases covered most extensively during 2016 involved either Apple or Samsung, a clear indication that most media coverage of patent infringement cases was focused on the mobile smartphone sector. To be more specific, the news coverage of patent infringement stories during 2016 was dominated by Samsung Electronics Co. v. Apple, the $399 million design patent case between Apple and...

A “higher-order” liability regime—in which a plaintiff and a defendant have a sequence of alternating options to take (or to put) a disputed entitlement —can enhance allocative efficiency by harnessing the private information possessed by both litigants. Indeed, infinite order liability regimes can, as a theoretical matter, assure first-best efficiency. Such iterated taking regimes have, howeve...

The present study investigated the effect of framing and legal role on the propensity to settle by litigants in simulated legal disputes. Participants were given four different scenarios which factorially combined legal role, plaintiff vs. defendant, and frame, positive or gain vs. negative or loss. Participants also indicated their subjective probability of winning. The results indicated that ...

We introduce fairness into three models of pretrial settlement and find that it increases the incidence of trial in each. This is true despite the fact that the fairness taste parameter is common knowledge. In the standard model, the party who makes the final offer can extract essentially all of her bargaining partner's trial cost through this offer. A taste for fairness is reflected in the per...

Issues related to the plaintiff’s win rate in litigated cases have been discussed, and contested, for more than 30 years. In a seminal paper, Priest and Klein (1984) pointed out that it’s not an accident that some cases are litigated while others aren’t. Consider a simple litigation system that has essentially no procedural law. When disputes materialize, the parties may take them to court for ...

Micro Law L ast issue's Micro Law column (May/June 1997) addressed a massive lawsuit by six prominent content providers against a Web entrepreneur whom they accused of pirating their content by " framing " it. The Washington Post, Los Angeles Times, Wall Street Journal (Dow Jones), CNN, Reuters, and Time Warner all joined to sue Total News for copyright infringement and sundry other alleged wro...