We examine the theoretical effects of punitive damages and how they affect pretrial bargaining of insurers and insureds. We also seek to determine how the introduction of symmetric punitive damage awards could affect the bargaining, and by extension, the entire litigation process. We find that asymmetric punitive damage awards do tend to increase the bargaining power of insureds and by allowing for a symmetric system the bargaining power of insureds and insurers are more balanced. We also find that altering the mechanisms for court cost payments also can alter the probability of out of court settlements.Nous examinons dans cet article les effets théoriques des dommages exemplaires et comment ils affectent les négociations préparatoires au p...
This paper studies alternative care situations in which the injurer is liable for harm but the victi...
A major goal of tort law is to somehow make an injured party “whole”; that is, to put the injured pa...
Using data from punitive damages decisions of U.S. federal circuit courts from 2004 to 2012, this pa...
We examine the theoretical effects of punitive damages and how they affect pretrial bargaining of in...
The first chapter of this dissertation is a theoretical model of insured and insurer post-loss barga...
We investigate the effect of the split-award tort reform, where the state takes a share of the plain...
This Article provides a financial economic theory of punitive damages. The core problem, as the Supr...
Auto Bodily Injury Liability claim payments are predominantly negotiated settlements, with less than...
In an attempt to reduce the liability insurance costs of firms, several US states have implemented m...
This paper presents a strategic model of liability and litigation under court errors. Our framework ...
In most economic models of damage compensation, the indemnity is proportional to the fault and victi...
In his interesting survey of "Recent Developments in the Canadian Law of Punitive Damages", Professo...
International audienceThis paper attempts to measure the influence of the amounts awarded in the fir...
Paying damages for personal injury in the form of a lump sum is again under attack. Almost twenty ye...
The majority of American jurisdictions do not allow punitive damages for breach of contract unless t...
This paper studies alternative care situations in which the injurer is liable for harm but the victi...
A major goal of tort law is to somehow make an injured party “whole”; that is, to put the injured pa...
Using data from punitive damages decisions of U.S. federal circuit courts from 2004 to 2012, this pa...
We examine the theoretical effects of punitive damages and how they affect pretrial bargaining of in...
The first chapter of this dissertation is a theoretical model of insured and insurer post-loss barga...
We investigate the effect of the split-award tort reform, where the state takes a share of the plain...
This Article provides a financial economic theory of punitive damages. The core problem, as the Supr...
Auto Bodily Injury Liability claim payments are predominantly negotiated settlements, with less than...
In an attempt to reduce the liability insurance costs of firms, several US states have implemented m...
This paper presents a strategic model of liability and litigation under court errors. Our framework ...
In most economic models of damage compensation, the indemnity is proportional to the fault and victi...
In his interesting survey of "Recent Developments in the Canadian Law of Punitive Damages", Professo...
International audienceThis paper attempts to measure the influence of the amounts awarded in the fir...
Paying damages for personal injury in the form of a lump sum is again under attack. Almost twenty ye...
The majority of American jurisdictions do not allow punitive damages for breach of contract unless t...
This paper studies alternative care situations in which the injurer is liable for harm but the victi...
A major goal of tort law is to somehow make an injured party “whole”; that is, to put the injured pa...
Using data from punitive damages decisions of U.S. federal circuit courts from 2004 to 2012, this pa...