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Asbestos Litigation: Procedural Innovations and Forum Shopping

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  • Michelle J. White

Abstract

This paper examines how forum shopping and procedural innovations affect the outcomes of asbestos trials using a new data set of all asbestos trials from 1987 to 2003. When lawsuits are filed in six particularly favorable jurisdictions, plaintiffs’ expected returns from trial are found to increase by $800,000 to nearly $4 million. The procedural innovations are bifurcated trials, bouquet trials, and consolidation of multiple plaintiffs’ claims for trial. Bifurcated and bouquet trials are found to increase plaintiffs’ expected returns from trial by $650,000 and $1.2 million, respectively. Small consolidations are found to increase plaintiffs’ probabilities of winning and receiving punitive damages, but larger consolidations are associated with lower damage awards.

Suggested Citation

  • Michelle J. White, 2006. "Asbestos Litigation: Procedural Innovations and Forum Shopping," The Journal of Legal Studies, University of Chicago Press, vol. 35(2), pages 365-398, June.
    • Handle: RePEc:ucp:jlstud:v:35:y:2006:p:365-398
    DOI: 10.1086/501096
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    References listed on IDEAS

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    Cited by:

    1. Alan O. Sykes, 2008. "Transnational Forum Shopping as a Trade and Investment Issue," The Journal of Legal Studies, University of Chicago Press, vol. 37(2), pages 339-378, June.
    2. Carole M. Billiet & Thomas Blondiau & Sandra Rousseau, 2014. "Punishing environmental crimes: An empirical study from lower courts to the court of appeal," Regulation & Governance, John Wiley & Sons, vol. 8(4), pages 472-496, December.
    3. Ramello, Giovanni B., 2012. "Aggregate litigation and regulatory innovation: Another view of judicial efficiency," International Review of Law and Economics, Elsevier, vol. 32(1), pages 63-71.
    4. Rousseau, Sandra, 2009. "Empirical Analysis of Sanctions for Environmental Offenses," International Review of Environmental and Resource Economics, now publishers, vol. 3(3), pages 161-194, December.
    5. Nicola Gennaioli & Stefano Rossi, 2010. "Judicial Discretion in Corporate Bankruptcy," The Review of Financial Studies, Society for Financial Studies, vol. 23(11), pages 4078-4114, November.

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