Relevant bibliographies by topics / Mega-litigation

Academic literature on the topic 'Mega-litigation'

Author: Grafiati
Published: 10 December 2022
Last updated: 28 January 2023

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Journal articles on the topic "Mega-litigation"

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Abraham, Kenneth S. "The Maze of Mega-Coverage Litigation." Columbia Law Review 97, no. 7 (November 1997): 2102. http://dx.doi.org/10.2307/1123342.

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Dunworth, Terence, and Joel Rogers. "Corporations in Court: Big Business Litigation in U. S. Federal Courts, 1971–1991." Law & Social Inquiry 21, no. 03 (1996): 497–592. http://dx.doi.org/10.1111/j.1747-4469.1996.tb00090.x.

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This article provides an overview of federal litigation involving the largest 2,000 U. S. corporations over the period 1971–91. Reporting from a unique data set of the authors' construction, it finds that althugh the aggregate volume of business litigation grew during the 1970s and early 1980s, it has actually been declining in recent years in all major categories of cases; business-related litigation is heavily concentrated, with an extremely limited number of business “mega-litigants” accounting for most of the activity; this concentration is particularly evident in tort, with the result that the tort trend line outside the concentration is actually flat or declining; a good deal of the growth in litigation outside the tort area can be attributed to business itself; and big business wins overwhelmingly, as plaintiff and defendant, in cases that involve it. The general applicability of these findings is limited by the data's restriction to federal court litigation and the structure of the Integrated Federal Court Data Base from which the authors' data set was constructed. This granted, the report is by far the most comprehensive treatment of U. S. big business litigation to date, and its findings are strikingly at odds with the premises of much current policy discussion.
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Aganin, Alexander. "Review of securities class action filings in 2015." Journal of Investment Compliance 17, no. 3 (September 5, 2016): 1–27. http://dx.doi.org/10.1108/joic-07-2016-0033.

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Purpose To provide an analysis of securities class action filings in 2015 along with related trends over time and a comprehensive current view of the securities class action landscape. Design/methodology/approach Details 2015 securities class actions and related trends in terms of the number and size of filings; market capitalization losses; the litigation exposure of IPOs; the classification of complaints; litigation likelihood for US exchange-listed companies; resolutions (settlements, dismissals or trial verdict outcomes); timing of dismissals and settlements; filing lags; filings against foreign issuers; number of mega filings; recent rulings related to class certification; and concentration of class action activity by industry sector, stock exchange and court circuit. Findings The number of filings in 2015 was the largest since 2008. The Disclosure Dollar Loss Index® (DDL Index®), the Maximum Dollar Loss Index® (MDL Index®) and the number of mega filings rose sharply in 2015 after declines in 2014. The Consumer Non-Cyclical sector had the most filings in 2015 while filings against companies in the Financial sector were below historical averages. Dismissal rates appear to be trending down. The median filing lag has never been shorter than in 2015. Filings against foreign issuers remain at high levels. Filings against S&P 500 companies remained below the historical average. Originality/value Detailed analysis by legal and industry experts.
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Mavroidis, Petros C., and André Sapir. "Dial PTAs for Peace: The Influence of Preferential Trade Agreements on Litigation between Trading Partners." Journal of World Trade 49, Issue 3 (June 1, 2015): 351–72. http://dx.doi.org/10.54648/trad2015015.

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Preferential trade agreements (PTAs) are en vogue both as policy tool, as well as research subject. We do not beg to differ. In this article, inspired by the behaviour of the European Union (EU), we ask whether the proliferation of PTAs and the negotiation of mega-regionals, like the Trans-Atlantic Trade and Investment Partnership (TTIP) between the EU and the United States (US), risk undermining the WTO Dispute Settlement Mechanism (DSM), 'the crown jewel of the WTO system'. The EU is the world's biggest participant in PTAs. It is also, after the US, the most active participant to WTO disputes. Yet, in the twenty years since the creation of the WTO, it has only been involved in a tiny number of disputes with PTA partners. We find that, despite appearances to the contrary, the US has also been involved in very few WTO disputes with its PTA partners. Moreover, without assigning causal relationship to the signature of a PTA and the amount of litigation between preferential partners, we show that there is inverse correlation between the two. We find it likely therefore that the number of WTO disputes is likely to continue decreasing as WTO Members, including the EU and the US, continue signing PTAs. It remains to be seen whether the WTO system will profit or suffer from the likelihood of fewer WTO disputes.
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Stipanowich, Thomas J. "The International Evolution of Mediation: A Call for Dialogue and Deliberation." Victoria University of Wellington Law Review 46, no. 4 (December 1, 2015): 1191. http://dx.doi.org/10.26686/vuwlr.v46i4.4889.

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The following article is a revised and expanded version of lectures delivered by the author at the Victoria University of Wellington School of Law and the Faculty of Law, University of Auckland in October, 2014 as the New Zealand Law Foundation's International Dispute Resolution Visiting Scholar. The author posits that the mounting global preoccupation with mediation, resulting in a proliferating array of institutions, programmes, laws and regulations; an international "evangelical" movement; and growing impetus for an international convention promoting the recognition and enforcement of mediated settlement agreements, should be accompanied by our collective reflection, dialogue and discernment regarding where we have come to and where we are going. He urges active discussion and deliberation on a host of questions and concerns, including (1) our fundamental understanding of the nature and practice of mediation; (2) the impact of lawyers on mediation, and the appropriate interplay between client and counsel in making process choices; (3) the influence of culture and of legal traditions; (4) the interplay between the facilitation of settlement and processes of adjudication; (5) the potential impact of mediation on the rendition of justice. This conversation should be augmented by an assessment of current mega-trends – the challenges and opportunities presented by information technology, neuropsychology, the mining of big data, and initiatives aimed at institutionalising or professionalising mediation. Finally, there should be a new examination of heretofore-unfulfilled opportunities, such as the "upstream" (that is, early and pre-litigation) use of skills and insights gleaned from our experience with mediation for the purpose of sustaining and improving relationships.
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Rodenberg, Ryan M. "College Athletics and Disseminating Sports Betting Data." Journal of Applied Sport Management, 2021. http://dx.doi.org/10.7290/jasm13emko.

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The focus of this article is the interplay between college athletics and sports betting data dissemination, a near-future friction poised for litigation given concurrent issues involving name-image-likeness (NIL) rights and concentration of college sports via mega-conferences.
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"Pharmacy2U 'mega facility' refused inclusion on pharmaceutical list by NHS litigation arm." Pharmaceutical Journal, 2020. http://dx.doi.org/10.1211/pj.2020.20207666.

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8

Dubay, Carolyn. "Trends and Problems in the Appointment and Compensation of Common Benefit Counsel in Complex Multi-District Litigation: An Empirical Study of Ten Mega MDLs." SSRN Electronic Journal, 2010. http://dx.doi.org/10.2139/ssrn.1641442.

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Dissertations / Theses on the topic "Mega-litigation"

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Olijnyk, Anna. "Justice and efficiency in mega-litigation." Thesis, 2015. http://hdl.handle.net/2440/91442.

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This thesis asks how Australian judges reconcile the demands of efficiency and justice in extremely long-running, complex civil litigation – sometimes known as ‘mega-litigation’. The thesis combines doctrinal and theoretical analysis with qualitative research based on a series of interviews with judges who have presided over mega-litigation. Mega-litigation places enormous burdens on the justice system, requiring large amounts of court resources to be devoted to a small number of cases. A central theme of the thesis is the need for civil procedure to be directed to multiple aims: efficiency as well as justice, and the interests of the public as well as those of the parties to litigation. It is therefore crucial for courts, when managing mega-litigation, to seek to improve efficiency and to have regard to the interests of the public. At times, there will be tension between these objectives and the objective of doing justice between the parties to the case. This thesis examines the ways in which the challenge of reconciling justice and efficiency in civil procedure has been approached by scholars and courts. Against this background, qualitative interview data is used to examine how judges approach this challenge in mega-litigation. Ultimately, the thesis identifies three ways in which judges reconcile justice and efficiency in mega-litigation: first, by seeking innovative ways to improve efficiency without compromising justice; secondly, by taking control of the litigation from the parties and ensuring that there is a sharp focus on the real issues in dispute; and thirdly, by relying on highly informed expert intuition. All three conclusions rely heavily on the skill, personality and background of the individual judge.
Thesis (Ph.D.) -- University of Adelaide, Law School, 2015
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Books on the topic "Mega-litigation"

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Gibson, S. Elizabeth. A guide to the judicial management of bankruptcy mega-cases. Washington, DC: Federal Judicial Center, 1992.

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2

Olijnyk, Anna. Justice and Efficiency in Mega-Litigation. Bloomsbury Publishing Plc, 2021.

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Olijnyk, Anna. Justice and Efficiency in Mega-Litigation. Bloomsbury Publishing Plc, 2019.

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Book chapters on the topic "Mega-litigation"

1

Mackie, Karl J. "Beyond Litigation: Mega-Clients, Mega-Law and Mini-Trials." In Lawyers in Business, 192–211. London: Palgrave Macmillan UK, 1989. http://dx.doi.org/10.1007/978-1-349-08799-0_11.

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"What is Mega-Litigation?" In Justice and Efficiency in Mega-Litigation. Hart Publishing, 2019. http://dx.doi.org/10.5040/9781509910922.ch-003.

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"The Mega-Litigation Judge." In Justice and Efficiency in Mega-Litigation. Hart Publishing, 2019. http://dx.doi.org/10.5040/9781509910922.ch-009.

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"Procedural Techniques in Mega-Litigation." In Justice and Efficiency in Mega-Litigation. Hart Publishing, 2019. http://dx.doi.org/10.5040/9781509910922.ch-010.

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"Mega-Litigation in the Justice System." In Justice and Efficiency in Mega-Litigation. Hart Publishing, 2019. http://dx.doi.org/10.5040/9781509910922.ch-004.

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"Justice and Efficiency in Mega-Litigation." In Justice and Efficiency in Mega-Litigation. Hart Publishing, 2019. http://dx.doi.org/10.5040/9781509910922.ch-011.

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"Introduction." In Justice and Efficiency in Mega-Litigation. Hart Publishing, 2019. http://dx.doi.org/10.5040/9781509910922.ch-001.

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8

"Justice and Efficiency as Aims of Civil Procedure." In Justice and Efficiency in Mega-Litigation. Hart Publishing, 2019. http://dx.doi.org/10.5040/9781509910922.ch-002.

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9

"Justice and Efficiency in Civil Procedure: Theoretical Perspectives." In Justice and Efficiency in Mega-Litigation. Hart Publishing, 2019. http://dx.doi.org/10.5040/9781509910922.ch-005.

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"A Brief History of Justice and Efficiency in Civil Procedure." In Justice and Efficiency in Mega-Litigation. Hart Publishing, 2019. http://dx.doi.org/10.5040/9781509910922.ch-006.

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